Buff TechnolOgies INC.

BUFF TECHNOLOGIES INC.

BuffPay Club Rewards Program Rules

Updated December 1, 2021

The following are the rules and other provisions, including terms and conditions, policies and procedures that Buff Technologies Inc. (“Buff Technologies”) has adopted (collectively, the “Rules”) of the BuffPay Club Rewards Program, which allows for the accrual and redemption of Points and benefits, among other features (collectively, the “Program”). By enrolling or participating in the Program, a Member (defined below) indicates their acceptance of these Rules, the BuffPay Terms of Service available at: https://mybuffpay.com/fintech-terms-of-service-consumer/ and the Buff Privacy Policy available at: https://www.buff.game/buff-privacy-policy/ and agrees to abide by them. It is the Member’s responsibility to read and understand all of the Rules. These Rules cannot be amended or superseded, except in writing by Buff. The most current Rules may be found on [https://mybuffpay.com/buffpay-loyalty-program-terms/] and this is the final authority on the Rules. The Rules on https://mybuffpay.com/buffpay-loyalty-program-terms/ ] shall be deemed to supersede any prior or conflicting versions thereof.

NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 11 BELOW BEFORE USING THE WEBSITE OR THE PROGRAM.

Definitions

“Account” – The BuffPay Club Rewards Program membership account where each Member’s Points are held.

“Bank Partner” – Blue Ridge Bank, N.A.

“BuffPay Card” – Any debit or prepaid card or account number that is associated with your Account.

“BuffPay Deposit Account” – Your BuffPay Deposit Account provided by Bank Partner that is linked to the Program;

“Buff Technologies” – Buff Technologies Inc., a Delaware corporation with a registered address of 651 N Broad St, Suite 206, Middletown, DE, 19709 and sponsor of the BuffPay Club Rewards Program.

“Cardholder” – any BuffPay Club Rewards Program Member who successfully applies for a BuffPay Card.

“Member” – A Cardholder who has enrolled in the Program and who is responsible for the Account and compliance with this Agreement.

“Points” – Points earned by a Member through participation in the Program which accrue in the Member’s Account, as determined and posted monthly by Buff Technologies, with validity for 2 years in accordance with Section 7 below, unless otherwise determined by Buff Technologies.

“Website” – www.mybuffpay.com and the BuffPay App.

General Conditions

The Program is offered at the discretion of Buff Technologies and Buff Technologies has the right to terminate, discontinue, revise, alter or limit the Program, and/or these Rules, in whole or in part, or to change these Rules, or any benefits, or conditions of participation, in whole or in part, at any time, with or without notice and with or without cause, even though changes may affect the value of Points and/or membership or other benefits already accumulated. We’ll give you notice of changes to the Program or the Rules by posting an updated copy of the Rules when you log in to the Website.
Buff Technologies reserves the right to limit the number of Members in the Program or the number of Points that can be earned for a Qualifying Transaction or in a certain time period.
Buff Technologies may establish days and/or periods and in which it will not be possible to earn and/or use Points and to limit, change or reduce the number of Points able to be earned or benefits available, for all or some of the Members.
Buff Technologies will give you thirty (30) days’ notice of the following types of changes to the Program or the Rules: (i) if we add or increase fees applicable to the Program; (ii) if we change the rate(s) at which you earn Points; (iii) if we limit the number of Points you can earn; (iv) if we change Bank Partner; or (v) if we cancel the Program. 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 the Website. It is your responsibility to keep your contact information current and up-to-date.
The Buff Technologies is entitled to conduct a review of a Member’s Account, without giving prior notice. During such review, the Member’s Account may be frozen and the Member unable to transact. Buff Technologies will keep the inspection period as short as possible.
The Rules control the membership and participation in the Program. Buff Technologies has the sole right to interpret and apply the Rules. Any abuse of the Program or failure to follow the Rules, any violation of law, or regulation, any conduct detrimental to the interests of other Members, Buff Technologies, the Program, or their employees, partners, customers or persons acting on its behalf, any fraudulent activity or attempted fraudulent activity, any dissemination of information designed to defraud Buff Technologies, any trading in Points, grants or benefits, any theft or deceit, whether it constitutes a criminal offense or not, or any misrepresentation of any information furnished to Buff Technologies or its affiliates by any Member, anyone acting on a Member’s behalf, or any third party (collectively, “Prohibited Conduct”), may result in Buff Technologies exercising any one or more of the following remedies (“Buff Technologies Remedies”), with or without notice to the Member: (a) the termination by Buff Technologies of such Member’s membership, or (b) the removal or cancellation by Buff Technologies of any or all accrued Points and/or any other benefits. In addition to the foregoing Buff Technologies Remedies, Buff Technologies may, upon written request, require the Member to repay the value, as reasonably determined by Buff Technologies, of the Points redeemed or other benefits acquired as a result of Prohibited Conduct and, in the event of a Member’s failure to make such repayment, may initiate legal action to recoup the value of such Points redeemed, or benefits acquired by the Member through Prohibited Conduct. Members whose Accounts have been terminated shall not be eligible to participate in any aspect of the Program and shall not be eligible to enroll with new Accounts unless express written consent is received from Buff Technologies.
In the event Buff Technologies suspects Prohibited Conduct, Buff Technologies reserves the right, with or without notice to the Member, (a) to delay or suspend all activity in any Account, and (b) to audit or investigate any Account at any time. During the course of an audit or investigation, a Member’s Account information may be shared with any third party that Buff Technologies has contracted to assist in performing such audit or investigation. No Point redemptions or other purchases will be permitted and any outstanding Point redemptions and/or other benefits will be subject to cancellation or suspension. Upon completion of the audit or investigation, if Prohibited Conduct has been confirmed by Buff Technologies in its sole discretion, Buff Technologies may exercise any one or more of the Buff Technologies Remedies or any other remedies available at law or in equity, criminal or civil.
Each Member is responsible for understanding and complying with the Rules and monitoring the Points in such Member’s Account. A Member shall notify Buff Technologies promptly of any error in the Member’s Account. In the event a Member’s Account erroneously credited for any reason, the Member’s use of such erroneously credited Points or other benefit shall constitute a violation of these Program Rules. Buff Technologies may, but shall have no obligation to, send newsletters, statements, correspondence or other materials, including notifications of Program changes or special promotions to Members in accordance with the BuffPay Electronic Communications Agreement available at: BuffPay Electronic Communications Agreement – BUFF Pay (mybuffpay.com) . Each Member shall be responsible for promptly advising Buff Technologies of any change of contact information and Buff Technologies shall have no liability for misdirected correspondence or any consequences thereof.
Neither Buff Technologies waiver or consent to a deviation from these Rules nor any course of dealing shall be construed as a waiver by Buff Technologies of any subsequent violation of the Rules and Buff Technologies may invoke the Buff Technologies Remedies for a violation of the Rules despite any such prior waiver or consent
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 BUFF TECHNOLOGIES, 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 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 POINTS FROM MEMBER ACCOUNTS; (III) ANY CHANGE IN ANY BENEFIT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY OR DUE TO REASONS BEYOND BUFF TECHNOLOGIES’ 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 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, POINTS, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF); (IX) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, OFFERS, DISCOUNTS, OR OTHER BENEFIT; AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.
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 POINTS, 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 POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE.
THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE RULES 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.
WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, WEBSITE, AND ALL POINTS, 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 BUFF TECHNOLOGIES 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 BUFF TECHNOLOGIES. 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.

Registration and Membership in the Program

The Program is maintained for the benefit of Buff Technologies and individual Members. Only individuals are eligible for Program membership, and each individual may maintain only one Account in the Program. If you are not eligible to participate, you are prohibited from accessing, using and enrolling in the Program.
Duplicate Accounts in the Program will be subject to cancellation. If a Member maintains multiple Accounts and Buff Technologies suspects or finds Prohibited Conduct, Buff Technologies reserves the right to exercise the Buff Technologies Remedies with respect to each Account. Only the Member named on the Account will be entitled access to Account information.
By enrolling in the Program and agreeing to these Rules, you expressly authorize us to act on your behalf as your agent and representative to access your consumer financial information in your BuffPay Deposit Account and BuffPay Card pursuant to Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Through this authorization, we will collect information about your financial transactions in your BuffPay Deposit Account and your BuffPay Card for the purpose of facilitating the Program and your participation in it. Your consumer financial information will be collected, maintained, stored, and shared in accordance with our Privacy Policy, available at https://www.buff.game/buff-privacy-policy/
Account information is Buff Technologies’ proprietary information and, except as otherwise authorized by Buff Technologies, Members may access Account information only for the purpose of obtaining information about their Account.
Each Member is responsible for ensuring Account credentials are not shared, distributed, or given to any other individual and no Member may delegate or grant access (via power of attorney, contract, or otherwise) to a third party. Any Member who shares Account information with any third party will be held responsible for such third-party’s actions with respect to the Account. Account information may be reproduced for use by the applicable Member but must contain copyright and proprietary notices and redistribution in any way requires Buff Technologies written permission.
Membership is not transferable to any another person or entity and Points cannot be redeemed for money or monetary equivalent.
Membership shall be open to Cardholders aged 18 years and above and who have a BuffPay Deposit Account in good standing.
Membership in the Program shall be offered to legal residents of the USA only.
In case of divorce, the Points accumulated will remain in the Member’s Account unless a court order is submitted instructing Buff Technologies to act otherwise.
Enrollment in the Program costs [0$] per month, which may be increased or decreased by Buff Technologies with thirty (30) days written notice. We may from time to time offer incentives, free month’s or other bonuses at our sole discretion.

Termination of Program Membership

Program membership may be terminated under the following circumstances:
1. Cancelling your BuffPay Card in accordance with the rules & regulations of the BuffPay Card.
2. In the sole discretion of Buff Technologies, due to violation by the Member from the rules of the Program or engagement in Prohibited Conduct, as set out in Sections 2 and 3 above.
3. In the event of cancellation of the Program by Buff Technologies, in which case, Buff Technologies will give its Members three (3) month’s prior notice, during which they may use the Points and any other benefits that they have accrued.
4. In the event of death of the Member in which case, the provisions of Sub-Section 4.3 below shall apply.
Buff Technologies will not be required to pay any compensation for termination of Program Membership.
Upon termination of membership, all benefits and rights (including Points) in the Member’s Account will expire, except in cases of death of a Member in which case the Points will be transferred to the Member’s heirs subject to presentation of necessary documentation.

Point Accrual

You’ll earn Points when you use the BuffPay Card to make eligible purchases of products and services, minus any returns or refunds (“Qualifying Purchases”). Qualifying Purchases are defined to be all BuffPay Card transactions except: (i) balance transfers; (ii) cash advances; (iii) purchase of travelers’ checks, foreign currency, money orders, wire transfers or similar cash-like transactions; (iv) purchase of lottery tickets, casino gaming chips, racetrack wagers or similar betting transactions; (v) unauthorized or fraudulent charges; (vi) fees of any kind, including an annual fee or monthly account fees, if applicable; and (vii) purchases made prior to signing up for the Program.
The number of points earned per Qualified Transaction is set out on our Website at: – www.mybuffpay.com
Discounts, gift cards, offers, promotions, coupons or any other rewards received through the Program or otherwise are not eligible for earning Points.
The crediting of Points to Member Accounts will only be possible in accordance with these Rules. All decisions regarding Point accrual are in the sole discretion of Buff Technologies.
The number of Points accumulated in a Member’s Account for every purchase made using a BuffPay Card shall be determined by Buff Technologies in its sole discretion.
Points from purchases using a BuffPay Card will only be credited to the Account held by the relevant BuffPay Card holder.
The benefits offered in the Program, including Points, are personal; they cannot be exchanged for money or for monetary equivalent, and are not transferable, except in connection with special offers promoted by Buff Technologies from time to time that permit such transfers (subject to the conditions of the offer) and/or in any event otherwise permitted by Buff Technologies in its sole discretion.
Uncredited Points may be claimed up to one year after the date of the Qualified Transaction, provided that the Member was in good standing at the time of the Qualified Transaction in question.
Members shall be exclusively liable for checking the status of Points, or any other benefit in their Accounts from time to time, including the date of expiration thereof, and shall have no claims against Buff Technologies if they did not affect such checks. Comments and appeals regarding Accounts may be made to support@mybuffpay.com.
If you have a negative balance in your Account, any Points you subsequently receive will be applied first to reduce the negative balance. You will not be able to use Points until your balance becomes positive. The balance in your Rewards Account can be negative if, for example: (i) the Points you received for a Qualified Purchase are reversed because you returned the purchase and you do not have enough Points in your Account to cover the reversal; or (ii) we determine that you are ineligible to receive a Points incentive award, and you do not have enough Points in your Rewards Account to cover the reversal of that award.

Program Partners

The Program has the right to establish business partnerships with companies around the world (hereinafter: the “Partners”), that enable all Members who purchase a product and/or service from such Partner to accumulate “Partner Points”. These agreements do not constitute a contract for the benefit of a third party.
Partner Points will be earned according to the conditions established in the agreements between the Partners and the Program (the “Partner Terms”) and made available to Members on the Website.
Buff Technologies has the right to terminate the agreements with each of the Partners at any time or to alter the conditions of such agreements and will give notice of such to the Members of the Program.
The liability for providing the services and/or products of the Partners, and/or the quality of the services and/or products shall be borne by the Partners themselves. Buff Technologies will award Members the number of Points reported by the Partners. Members will have no claim and/or demand and/or suit against Buff Technologies pertaining to the subjects mentioned in this section.
The liability for reviewing the requirements to accumulate Points from Partners shall be borne by the Member. Similarly, Members must submit their Account numbers at the time of purchase of the product or service so that their Account may be credited with Partner Points. For each such purchase, it will be possible to submit only one Account number.
In the event that a Member’s Account is not credited for the purchase of a Partner’s product or service, or if a Member believes that their Account was not credited with of the correct number of Points, the Member must verify such matter with the Partner.
Upgrading of Partner Points for the use of Partner services/products may take up to three (3) months from receipt of the relevant information from the Partner following the Member’s request to such Partner.

Validity of Points and Benefits

Points accumulated from Buff Technologies will be valid for 24 months after the date of Qualifying Purchase.
Partner Points will be valid for 24 months after the Qualifying Purchase unless otherwise set out in the Partner Terms.

Using Points for purchasing products at the Buff Marketplace

Points can only be used to purchase products or other services in the Buff Technologies Marketplace (the “Buff Marketplace”). We may, from time to time, provide additional ways for you to use your Points in addition to those described in the Rules. Redemption values for Points may vary.
It may take up to fourteen (14) business days to process a Member’s Point redemption request.
Once Points have been redeemed, the transaction is considered final and may not be cancelled unless otherwise noted at the time of the transaction.
Delivery times for items purchased at the Buff Marketplace may vary. Some items can’t be shipped to certain addresses. Applicable sales/use taxes, fees, surcharges, and shipping and handling charges are your responsibility. The Buff Marketplace will let you know when these charges apply.
Buff Technologies is not responsible for replacing lost, stolen or damaged redemption items, including promo codes, tickets or gift cards or for a merchant’s failure to honor them.

Website and Contacting Buff Technologies

Members can obtain Account information and services via the Website using the initial Member code provided by the Program and your Account credentials.
Any requests to Buff Technologies in order to obtain information and/or perform actions on the Account, by the Member or someone representing the Member, whether orally or in writing, shall require the party making such request to identify themselves with the Member’s name, membership number, telephone identification number or internet password.

Privacy Policy

By participating in the Program, Members authorize Buff Technologies to collect, maintain, use, process and share their information, including, without limitation, names, email addresses, physical addresses, Account and other information in accordance with Buff Technologies Privacy Policy. You can learn more about how Buff Technologies collects, maintains, uses, processes and shares your information in the Buff Technologies Privacy Policy which may be viewed https://www.buff.game/buff-privacy-policy/

Class Action Waiver

MEMBER AGREES THAT THE RESOLUTION OF ANY DISPUTE, CLAIM, OR CONTROVERSY RELATED TO THE PROGRAM SHALL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT NO SUCH PROCEEDING MAY BE CONSOLIDATED WITH ANY OTHER LEGAL PROCEEDINGS INVOLVING BUFF TECHNOLOGIES. MEMBER FURTHER AGREES THAT THE MEMBER, AND ANYONE ASSERTING A CLAIM FOR A MEMBER, WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL PROCEEDING AGAINST BUFF TECHNOLOGIES. Unless both you and Buff Technologies agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The judge may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the case and may be brought in court separately.

Miscellaneous

After joining the Program, the Member’s details will be included in the Buff Technologies registered customer database. Subject to the provisions of all laws, Buff Technologies shall make use of the aforesaid database for marketing purposes, including direct mail of informational brochures and special offers to Members, including transfer of information to Partners, to the extent necessary for the purpose of the cooperation between them and for the purpose of providing Partner Points and other benefits to Members. If the Member does not wish to be included on the mailing list (for any reason whatsoever), the Member must inform Buff Technologies, by sending an email to: support@mybuffpay.com.
Buff Technologies shall be entitled, at its sole discretion, to choose the method of mailings to Members, and whether to send mailings at all, and if so, whether to send such to all Members or only to some of them. Mailings sent by mail shall be sent to the address registered on the Member’s Account, unless the Member provides a different address to Buff Technologies. Mail from Members to Buff Technologies shall be sent to 651 N Broad St, Suite 206, Middletown, DE, 19709. Buff Technologies shall not be liable for any mail that is late, lost or does not reach its destination for any reason whatsoever.
We may send communications about the Program and marketing messages to you at any email address in our records or through our online services, the Website, or SMS. By providing your phone number and enrolling in the Program, you are providing Buff Technologies 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. To opt-out of marketing messages, please contact our Customer Service team at [support@mybuffpay.com]. You agree that Buff Technologies and its third party service providers may listen to and record telephone calls as part of providing Program services.
Buff Technologies shall be entitled to adjust and amend these Rules to comply with applicable law. This may result in the Rules being different for Members in different countries.
Provisions of these Rules in the singular number apply to the plural as well, mutatis mutandis as the case may be.
No waiver, extension, discount, or alteration to any of the conditions of these Rules shall be effective unless agreed in writing by Buff Technologies, and no delay in the exercise and/or insistence on Buff Technologies’ rights shall be deemed to be a waiver, and Buff Technologies may exercise its rights in whole or in part under these Rules and under any applicable law, at any time as it may see fit, and may subtract or erase Points and cancel vouchers and other benefits if it is determined that these were accumulated and/or issued and/or granted as a result of an error.
Buff Technologies shall not be liable for and shall not bear any tax, such as, but without derogating from the generality of the aforesaid, income tax which a Member might owe as a result of the accrual of Points and/or other benefits and/or the exercise of them in any form whatsoever. The Member alone shall bear any such tax, if applicable. Buff Technologies recommends that its Members obtain additional information in this regard from an accountant or tax consultant. Buff Technologies shall be entitled to provide the taxation authorities with details of the accrual of Points and/or other benefits and/or the exercise thereof in any form whatsoever by the Members, subject to the provisions of applicable law.
All dollar amounts referred to in these Terms are in U.S. dollars (USD).
Buff Technologies may assign our rights and obligations under these Rules to a third party, who will then be entitled to any of our rights that we assign to them.
You agree to indemnify and hold Buff Technologies and its third party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: use of the Program, any fraud or misuse of the Program, violation of these Rules and/or violation of any applicable law or the rights of any third party.
The provisions of these Rules are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from these Rules in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of these Rules. It is expressly understood and agreed between you and Buff Technologies 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 these Rules without affecting the validity, legality, or enforceability of any of the remaining provisions.
The Program is void where prohibited by federal, state or local law.

These Rules and the use of the Program is governed by Federal law as well as the laws of the State of Delaware and will apply no matter where you live or use the Program. The state and federal courts in Delaware shall have the sole and exclusive authority to hear any claim with respect to these Rules and to the rights and obligations stemming from them.

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