Terms of Use

1\ overview this fancy rewards terms and conditions document describes how the fancy rewards program (the “program”) works and forms a legal agreement between you, the end user, and fancycom, inc (“fancy”) that applies each time you use or access the fancy website at www fancy com mobile application made available to end users, and/or any fancy services through any means and their associated content, features, tools, and materials (collectively, the “platform”) by participating in the program, you agree to be bound by the terms and conditions for the program, the terms of use for the platform and the privacy policy, as well as any other terms and conditions which you may accept to receive additional services on the fancy platform, each of which apply every time you use or access the platform and the additional services, as applicable, and each of which is alegally binding contract between you and fancy regarding your participation in the program andis incorporated by reference herein you should therefore read these terms and conditions carefully as they govern your use of the platform and its functionality in particular, this document contains an arbitration provision that waives your right to a court hearing and a jury trial and a class action waiver that waives your right to participate in any class action lawsuit to enforce this agreement your participation in the program is expressly conditioned upon your acceptance of this agreement and compliance with all present and future program rules, terms, regulations, policies, and procedures that fancy may, in its discretion, adopt from time to time you agree that use of your account or any feature of this program indicates your acceptance of the terms of this agreement interpretation of this agreement and any other program rules shall be at fancy’s sole discretion you acknowledge that this program is offered by fancy and not by the owner, manager or any third party affiliated with the property or land for which you pay rent (your “rental provider”), however, rental providers may offer invitations to you to join the program, and you agree that this agreement is between you and fancy, and that your rental provider is not a party to such agreement you expressly acknowledge that your rental provider shall haveno liability under the program, this agreement or any other agreement between you and fancy related to the program 2\ definitions in this document, the following words have special meanings below “agreement” or “program rules” shall refer to the fancy rewards program terms and conditions, along with any other rules, terms, regulations, and policies and procedures that fancy may issue in writing in conjunction with the program, which shall, in fancy’s discretion, be incorporated therein by reference hereto “authorized user” shall mean anyone legally authorized by you to use your membership account “fancy app” or “app” shall mean the fancy rewards application that may be used with the program, which can be downloaded from the apple app store or google play “fancy partner portfolio” shall mean qualifying property partners “fancy,” “company,” “we,” or “our” shall mean fancycom, inc , the sponsor of the fancy rewards program “credentials” has the meaning set forth in terms of use /#25 plaid account linking “crs” has the meaning set forth in terms of use /#14 refund policy “eligible transaction” shall mean any eligible purchase transaction (not being a cash withdrawal, cash advance, card check transaction, instant loan) whereby a user makes a purchase using a linked card meeting the terms associated with the offer available at a participating merchant “expiration” shall mean the expiration of your fancy vault keys after twenty four (24) months of account inactivity, as discussed in more detail in section 10, titled “ terms of use /#10 how you could lose your vault keyspoint expiration ” “vault keys” shall mean keys that are earned as a result of an authorized user executing qualified transactions keys may be used to unlock a rental reward “star keys” shall mean keys that are awarded when an authorized user hits certain lifetime milestones by completing longer term or cumulative achievements (e g , 5 purchases, 10 referrals) star keys may offer future benefits “in network” shall mean a rental property within the fancy partner portfolio that is confirmed to be in network when you enter your address in the fancy app or website “inactive account” means a memberships account for which there has been no activity for 18 months activity for the purposes this definition means i) rent payments made through your membership account; ii) qualified purchases made through a linked plaid account; iii) any participation in a promotional sweepstakes offered by fancy “linked plaid account” shall mean an eligible, member registered payment account with plaid, inc, linked to the member’s fancy app “linked card” shall mean an eligible card that a user links for use in connection with participation in the program “member,” “rewards member,” “you” or “your” shall mean the person who elects to earn vault keys on rent and/or qualifying purchases by enrolling in the fancy rewards program, who is responsible for the program membership account and compliance with this agreement “membership account” or “account” shall mean the program account through which the member participates in the program “out of network” shall mean a rental property that is not part of the fancy rewards alliance, and is listed as out of network when you enter your address in the fancy app or websites “participating merchants” shall mean the brands or merchants that are partnered with fancy where users can earn key or cashback rewards “partner” could mean plaid, inc “payment account” shall mean the payment account associated with a member’s account in the fancy app “payment orders” has the meaning set form in terms of use /#11 caution and warning “program” shall mean the fancy rewards program “qualifying property partner” shall mean a residential property owner within the fancy partner portfolio “qualified purchase” shall mean a transaction on a linked eligible card that qualifies to receive vault keys pursuant to the terms and condition of a fancy offer “qualifying action” or “qualifying transaction” shall mean the action or series of actions, as set out by fancy, that a consumer must execute in order to redeem their vault keys for a rental payment via affiliate link, gift card purchase, or a transaction detected through a plaid linked account “released parties” has the meaning set forth in terms of use /#17 communication of this agreement “rent” shall mean the regular payment made to a landlord for the use of residential property or land, as further discussed in terms of use /#6 changes to this agreement of this agreement, titled “how you can earn vault keys;” “rental provider” has the meaning set forth in terms of use /#1 overview of this agreement “rewards program rules and regulations” has the meaning set forth in terms of use /#4 eligibility requirements of this agreement “tier status” means the membership tier level achieved based on the level of rent spend and non rent spend on your account, which is further defined in the terms of use /#7 notice of changes "fee waiver" shall mean the removal or reduction of any transaction fee that may be granted in accordance with specific promotions, tier status benefits or qualifying payment thresholds offered by fancy “website” shall mean www fancy com http //www fancy com any other applicable fancy website relating to the program 3\ eligibility the program is offered only to (a) legal residents in the fifty (50) united states, the district of columbia, and the united states territories and (b) who are at least eighteen (18) years of age or older and have reached the age of majority in their jurisdiction of legal residence at the time of participation in the program only individuals are eligible to participate in the program, and each individual may maintain only one (1) account corporations, groups, and/or associated entities cannot enroll as members you must be legally competent to enter into contracts to participate in the program fancy reserves the right to limit the number of members in the program if you are not eligible to participate, you are prohibited from accessing, using, and registering for the program 4\ eligibility requirements to qualify for 1% cashback on rent (up to $30 per month on rent up to $3,000), you must have an active fancy account have the account in which they pay rent linked via plaid have up to date lease information on file (either by uploading a pdf version of the lease or manually inputting required lease information) this information will be validated by fancy employees before you are eligible for rental cashback pay rent electronically via ach, or zelle using a plaid linked account with fancy fancy relies upon an active connection with plaid to verify rental transactions the transaction must be classified as rent, not mortgage or other bills 5\ offer redemption & vault key eligibility the primary method for earning a vault key is by redeeming an offer within the app once a qualifying transaction is detected by fancy, the transaction will appear in the fancy app with a "pending" cashback status at such time, you will be granted a vault key for completing the associated action please note that the cashback reward associated with the redeemed offer may remain in a pending state for a variable period of time, subject to confirmation and processing by our partners however, the vault key will be issued immediately upon detection of the qualifying transaction, regardless of the cashback payout status as long as you have earned five vault keys during a given calendar month, they will qualify for the monthly rent cashback; even if the associated offer cashback has not yet been finalized or paid out 6\ changes to this agreement we may make changes to the program and the terms of this agreement at any time and at our sole discretion for example, we may temporarily or permanently prohibit you from earning keys, using keys you’ve already earned, or using any features of the program at any time and at our sole discretion, and/or we may add new program terms, delete program terms, or change existing program terms; change how you earn keys; change how you may use keys; change what you can get with your keys; and/or expired keys we may supplement this agreement with additional terms, conditions, disclosures, and agreements that will be considered part of this agreement we reserve the right to terminate, expire, modify, or restrict any aspect of the program at any time with or without notice, including cancellation of your membership in the program with or without cause this version of the agreement replaces and supersedes all earlier versions, including, without limitation 7\ notice of changes fancy will give you forty five (45) days’ prior notice of the following types of changes to the program or this agreement if there is an add or increase of fees applicable to the program; if there is a change to the rate at which you earn vault keys; if there is a new limit to the number of vault keys you can earn; if we change partners; and if we cancel the program please note that fancy reserves the right to change the terms and conditions of this program by posting a revised set of terms or mailing and/or e mailing notice thereof to you we’ll send this notice to you in writing, which, at our option, may be delivered to you electronically by email or through our online services, such as by posting notice and/or a revised set of terms on the fancy app or website or providing in some other way on the platform it is your responsibility to keep your contact information current and up to date we’ll give you notice of other changes to the program or agreement by posting an updated copy of this agreement when you log in to our website at fancy com fancy may add, modify, or delete any aspect, component, or feature of the program, but fancy is not under any obligation to add any upgrade, enhancement, or modification to the program your continued use of the program following any announced change will be deemed your conclusive acceptance of any change to this agreement and the fancy services terms of use (as further discussed in terms of use /#25 plaid account linking ) accordingly, please review this agreement and the fancy services terms of use periodically we won’t provide notice when we change what you can get with your vault keys you understand and agree that we can make these changes at any time you can see what you currently can get with your vault keys when you access the fancy app or website future availability of any specific items on the fancy app and website isn’t guaranteed your continued participation in the program after we make any change signifies your acceptance of such change 8\ how you can earn vault keys members can earn vault keys in one of the following ways rental payments these terms apply to rent payments that are made through your linked plaid account in the fancy rewards app for rent payments made through your linked plaid account via ach, debit card, credit card, or electronic payment through zelle, to a property partner, fancy members will earn a flat rate of one (1%) percent cashback for a rental payment of up to three thousand dollars ($3,000) usd per monthly rent payment in addition to making a rental payment through your linked plaid account in the fancy rewards app, you must also complete all qualifying actions as communicated to you by fancy in order to redeem keys for rental payment qualifying actions must be executed by you prior to the end of the given calendar month for the month in which the rental payment was made in order to redeem vault keys for that rental payment failure to complete all qualifying actions within the calendar month in which the rental payment was made will disqualify you from earning keys for that rental payment rental payments must be made to qualifying property partners to qualify for the program keys cannot be earned on rent payment fees under this offer and can be earned on only one residential rent payment per month this offer is subject to change over time star keys fancy may also offer lifetime milestone rewards earned by completing longer term or cumulative achievements (e g , 5 purchases, 10 referrals) fancy may also offer other future benefits you may view your earned and unredeemed vault keys on the fancy app or website by logging into your account members may not earn vault keys on rental payments made outside of your linked plaid account 9 how you can use your keys vault keys are earned by completing qualifying actions in the fancy app you can use your vault keys to unlock rental cashback rewards, subject to the following conditions earning threshold – you must collect five (5) vault keys within a single calendar month to qualify for one rental cashback reward eligible transactions – once you have earned 5 vault keys, fancy will award cashback on the most recent qualifying rent payment made within the last 45 days monthly limit – you may earn only one rental cashback reward per calendar month, regardless of the number of vault keys collected carryover policy – vault keys do not roll over to the next month, except during your first month using fancy in your first month, vault keys will remain active until you earn your first rental cashback reward other uses – at launch, vault keys can only be used to unlock rental cashback in the future, fancy may introduce new ways to redeem or spend vault keys non transferable – vault keys have no cash value, cannot be sold, transferred, or exchanged, and are valid only within your fancy account 10\ how you could lose your vault keys/point expiration your vault keys don’t expire as long as your account is open and active, however, you will immediately lose all your vault keys if your account status changes to inactive after twenty four (24) months of inactivity, or your account is closed, for any of the following reasons you fail to comply with this agreement or any other agreement you have with fancy; we believe that you’ve engaged in fraudulent activity related to your account or the program; or we believe that you’ve misused the program in any way, for example by the unauthorized buying or selling of vault keys, unless expressly authorized through the fancy app or website; by moving or transferring vault keys to an ineligible third party or account; or by repeatedly opening or otherwise maintaining accounts for the purpose of generating vault keys or rewards upon cancellation of your account for any reason, you will lose all vault keys immediately, regardless of when or how they were acquired if we decide to cancel the program, you’ll have at least thirty (30) days from the date we cancel the program to use your vault keys, as long as you don’t lose them for any of the reasons described in this agreement if you don’t use your vault keys during that time, you’ll lose them we won’t reinstate vault keys you lose, unless we’ve determined, in our sole discretion, there has been an error 11\ caution and warning fancy reserves the right to reject, revoke, cancel, terminate, or suspend any membership, benefit, this agreement, and/or any and all vault keys, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any member, if fancy, in its sole discretion, believes (a) the member has (1) violated any of the program rules; (2) abused the program or acted in a manner to illegitimately accumulate vault keys; (3) acted in a manner inconsistent with applicable law, regulations or ordinances; (4) ordered or requested the transfer to or withdrawal of rent from a payment account (as defined below) (each, a “payment order”) in violation of applicable law; (5) engaged in any misconduct or wrongdoing in connection with the program; or (6) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the program; including, but not limited to, linking competitor accounts (ex bilt, stake, etc ) with your fancy account in an attempt to “double dip” and earn cashback or other rewards for the a single transaction from multiple companies or (7) transactions that are deemed fraudulent, disputed or unauthorized transactions, or transactions subject to a chargeback or (b) fancy’s provision of the program and/or any associated benefits to member may violate any applicable laws to which fancy, a partner or a payment account is sometimes subject you acknowledge and agree that you are bound by all applicable laws, regulations, and ordinances any attempt to deliberately damage or undermine the legitimate operation of the program or the fancy app or website may be a violation of criminal and civil laws should such an attempt be made, fancy reserves the right to seek damages or other remedies to the fullest extent permitted by law any abuse of the program, failure to follow any terms of the program, or any misrepresentation by a member may subject that member to cancellation of his/her membership and will affect eligibility for future participation in the program fancy reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event a member defrauds or abuses the program, fails to follow any terms of the program, or makes any misrepresentations to fancy 12\ corrections/negative vault keys balance at any time and in the sole discretion of fancy (including, without limitation, where a member was not eligible to earn a specific benefit pursuant to these program rules), fancy may correct (i) the amount of vault keys credited to a member’s account, and (ii) any other reward that has been credited to a member’s account if, after a correction, or for any other reason, you have a negative balance in your rewards account, any vault keys you subsequently receive will be applied first to reduce the negative balance you will not be able to use vault keys until your balance becomes positive the balance in your account can be negative if, for example the vault keys you received for a purchase are reversed because you returned the purchase and you do not have enough vault keys in your rewards account to cover the reversal; or we determine that you are ineligible to receive a vault keys incentive award, and you do not have enough vault keys in your rewards account to cover the reversal of that award fancy reserves the right to invoice you for vault keys received for which fancy subsequently determined you were ineligible, which fancy may later seek to collect subject to this section 12 13\ e cards/gift cards fancy offers digital gift cards (“e cards” or “gift cards”) that are delivered electronically via email to the address associated with your fancy account profile delivery is typically within 30 minutes of purchase, though in rare cases it may take longer you will also receive an email receipt of your purchase e cards / gift cards are non transferable and non refundable once issued purchases are subject to the following limits maximum of 5 e cards / gift cards per week, or maximum total value of $200 per week, whichever comes first e cards / gift cards may only be used in accordance with the terms provided by the issuing merchant fancy is not responsible for lost, stolen, or misdirected e cards / gift cards once delivered to the email address associated with your account fancy reserves the right to suspend or terminate your account, and to cancel any e card / gift card orders, if we suspect fraud or abuse in connection with their purchase or use this includes, but is not limited to, activities described in the terms of use /#11 caution and warning section of these terms, which apply in full to all e card / gift card transactions 14\ refund policy gift cards are not returnable and cannot be redeemed for cash unless required by law a maximum of five (5) gift cards may be redeemed on one order if the amount of your gift card(s) does not cover the total order amount, the remainder of the purchase balance can be paid with an accepted alternate form of payment your gift card will not expire as long as there is value remaining on the gift card you can use it anytime any remaining value that is left on your gift card will be stored and available for your next purchase we ask that you safeguard your card and treat your gift card as you would cash do not share your gift card code and pin we cannot replace or replenish gift cards that are lost, stolen or used without authorization there are no returns or refunds on any gift cards 15\ termination/cancellation the program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to designate a program termination date we may, in our sole discretion, terminate the program, in whole or in part, at any time, with thirty (30) days’ notice, which may result in loss of accumulated vault keys and rewards and the cancellation of all benefits and privileges associated with the program if we decide to cancel the program, you’ll have at least thirty (30) days from the date we cancel the program to use your vault keys, as long as you don’t lose them for any of the reasons described in this agreement if you don’t use your vault keys during that time, you’ll lose them if you wish to cancel your participation in the program, you may contact our customer service team at fancy support\@fancy com 16\ other important information you should know notwithstanding the foregoing, fancy’s failure to exercise any of its rights under these program rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights events beyond fancy’s control, such as computer equipment or electronic data transmission failure, strikes, acts of god, civil disturbance, terrorism, or war, which may materially affect our ability to perform, will allow fancy to suspend or terminate the program all dollar amounts referred to in this agreement are in u s dollars we may assign our rights and obligations under this agreement to a third party, who will then be entitled to any of our rights that we assign to them you may not assign your rights under this agreement to a third party without our prior written consent we’re not responsible for any disputes about the program you may have with any authorized users on your account you agree to indemnify and hold fancy and its third party service providers and all of their respective affiliates, directors, officers, employees, agents, contractors, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s use of the program, any fraud or misuse of the program, violation of this agreement and/or violation of any applicable law or the rights of any third party notwithstanding anything to the contrary herein or in the privacy policy, you hereby agree that fancy, inc may use transaction information regarding transactions you make on third party cards or through a plaid account that you link for use in connection with participation in the service to monitor activity on your payment card to identify, track and record transactions and share such transaction data in order to receive rewards in connection with the program the merchants and third party service providers that participate in the program are not affiliated with us and are not sponsors or co sponsors of the program all participating merchant and third party service provider names, logos, and marks are used with permission and are the property of their respective owners participating merchants and third party service providers are subject to change without notice credit reporting services pursuant to the fancy rewards rental payment credit reporting service terms & conditions, fancy may report rental payments made by you to a credit reporting agency (a “cra”), or a third party that reports such rent payments to a cra which in part is designed to assist parties in establishing a credit history and/or a credit score once payments have been reported by fancy to a cra or third party, the reporting of those payments cannot be modified, amended, or cancelled a member may dispute an entry on their credit report derived from information provided by fancy to a cra by notifying fancy by email at fancy support\@fancy com participating merchants and third party service providers are solely responsible for the quality and performance of any products or services they provide fancy is not responsible for any aspects of the products and services provided by participating merchants or third party service providers the program is void where prohibited by federal, state, or local law this agreement and use of the program is governed by federal law and the law of california and will apply no matter where you live or use the program 17\ communication we may send communications about the program and marketing messages to you at any mailing or email address in our records or through our online services, such as sms or the fancy app or website by providing your phone number and enrolling in the program, you are providing fancy or our agents your express consent to receive marketing messages, sms, and texts, including by automated means, at the number provided, even if the number is on a corporate, state, or national do not call list you acknowledge and agree that you are not required to agree as a condition of any purchase or service, and you represent that you are at least 18 years old and the age of majority in your jurisdiction of legal residence to opt out of marketing messages, please contact our customer service team at fancy support\@fancy com let us know right away about any changes to your contact information in the fancy app or website you must also timely notify us of any changes to your information provided to a partner 18\ telephone monitoring you agree that fancy, the partners, and its third party service providers may listen to and record telephone calls as part of providing program services 19\ limitation of liability and release by enrolling in the program, you, on your own behalf and on behalf of your heirs, executors, and administrators, agree (a) to waive any rights to claim ambiguity with respect to this agreement; (b) to waive all of your rights to bring any claim, action, or proceeding against fancy, its parent or affiliated entities, or any of their respective officers, directors, employees, representatives and agents, (collectively, the “released parties”) in connection with the program and (c) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the released parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, outside attorneys’ or legal fees) that may arise in connection with (i) the program and/or fancy app or website, including but not limited to your participation or inability to participate in the program or any offer or benefit; (ii) any errors published in relation to the program, including, without limitation, any typographical errors, printing, errors of description, errors in these rules or any program materials, and errors in the crediting or debiting of vault keys from accounts; (iii) any change in any benefit (or any components thereof) due to unavailability or due to reasons beyond fancy’s control; (iv) any interruptions in or postponement, cancellation, termination, or modification of the program or any component thereof; (v) human error; (vi) any technical malfunctions or unavailability of the fancy app or website, computer system, pos, computer timing and/or dating mechanism, software, or internet service provider, or mail service utilized by any of the released parties or by you; (vii) any wrongful, negligent, or unauthorized act or omission on the part of any of the released parties or of any other third party; (viii) lost, late, misdirected, damaged or destroyed correspondence, vault keys, offers, discounts or any other benefit (or any element thereof); (ix) theft or unauthorized redemption of vault keys, offers, discounts, or other benefit; (x) any acts or omissions by you or third parties including negligence or willful misconduct; and (xi) the timeliness or satisfaction of a rent payment processed by a payment account bank through a payment account (as defined below) the released parties are not responsible for any injury or damage, whether to you or to any other person or to any property, related to or resulting from your participation in the program and/or the acceptance or use of any benefit by participating in the program, you expressly assume all liability and responsibility for your participation and agree that participation is solely at your own risk in no event shall the released parties have any liability or responsibility whatsoever for, and the released parties shall be held harmless by all members, heirs, executors, and administrators, against, any and all injuries, losses or damages of any kind (including without limitation direct, indirect, incidental, reliance, special, consequential, punitive or exemplary damages to persons, including personal injury or death, or property, arising in whole or in part, directly or indirectly, from any action taken or neglected to be taken with regard to the program, acceptance, possession, misuse or use of any vault keys, offer, reward or benefit, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) in no event shall the released parties be liable to you for any delay or failure to perform due to causes beyond our control, including, without limitation, acts of god, acts of war, natural disasters, weather, pandemics/epidemics, terrorism, or any act or omission of a third party the sole remedy available to you in connection with the program (whether your claim is based in law or equity) shall be the crediting or re crediting to your program account of vault keys in an amount no greater than the number of vault keys at issue these limitations are independent from all other provisions of these terms and conditions and shall apply notwithstanding the failure of any remedy provided some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you 20\ disclaimer of all warranties without limiting the foregoing, the program, including, without limitation, the program, fancy app or website, and all vault keys, offers, discounts and benefits, are provided “as is" and "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed neither fancy nor its agencies, agents, suppliers or representatives, warrant that (a) any information will be timely, accurate, reliable or correct; (b) this program will be secure or available at any particular time or place; (c) any defects or errors will be corrected; (d) this program will be free of viruses or other harmful components; or (e) any result or outcome can be achieved neither the program nor any benefit offered by the program creates, constitutes or gives rise to any legal or contractual rights by members against fancy a member’s use of the program is solely at the member’s own risk some jurisdictions may not allow the limitation or exclusion of implied warranties, so some of the above limitations or exclusions may not apply check local laws for any restrictions or limitations regarding these limitations or exclusions this section will survive termination of member's participation in the program 21\ severability the provisions of this agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable if any portion of this agreement should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of this agreement to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement it is expressly understood and agreed between you and fancy that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law if such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this agreement without affecting the validity, legality, or enforceability of any of the remaining provisions 22\ enforceability and governing law the provisions of this agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable if any portion of this agreement should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of this agreement to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement it is expressly understood and agreed between you and fancy that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law if such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this agreement without affecting the validity, legality, or enforceability of any of the remaining provisions 23\ dispute resolution this section affects your rights, so please read carefully in the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this agreement, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non appearance based final and binding arbitration pursuant to the federal arbitration act, conducted by a single neutral arbitrator and administered under the commercial arbitration rules of the american arbitration association except as otherwise provided in this agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory the exclusive venue of such arbitration shall be in irvine, california the arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees this arbitration provision shall survive the termination of this agreement for any reason notwithstanding the foregoing, fancy may bring a claim for injunctive relief against your violation of this agreement in any court of competent jurisdiction there is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply the law and follow the terms of this agreement as a court would 24\ privacy for an explanation of fancy’s practices and policies relating to the collection, use, and storage of member personal information, please refer to fancy’s privacy policy fancy, its agents, affiliates, subsidiaries, representatives, or service providers may use members’ personal information for purposes of point fulfillment and/or for future marketing, such as to notify them of a product or promotion that may be of interest by providing your phone number and enrolling in the program, you are providing your express consent for fancy to collect engagement and transaction information from our merchant partners about you, including your name and phone number, as a member of the program in order to provide notice and issuance of rewards and benefits in our merchant ecosystem to opt out, please contact our customer service team at fancy support\@fancy com 25\ plaid account linking when you link your plaid account with fancy, we will collect or receive data relating to transactions with the linked plaid account from plaid notwithstanding anything to the contrary in other terms or privacy policies, transaction data will be used to monitor transactions on your linked plaid account to identify qualifying purchases, determine eligibility for the program, operate and analyze the effectiveness of the plaid account linking