RCart Website Rewards Terms & Conditions

Effective Date: October 7, 2024

PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICES WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICES AND OUR PRIVACY POLICY.

The service

RCart LLC (“RCart”) offers The RCart Rewards program (“The Program”) via its website subject to these terms and conditions (“The Terms”). By accessing the website and making use of any of the Program services, you agree to these Terms. No purchase is necessary to join the Program, however some Program offers may require a purchase.

Eligibility

The Program is available to individuals located in the United States who are at least 18 years of age. The Program is limited to one account per individual. By signing up for the Program you agree that you have legal capacity to enter into a binding agreement.

Changes to the Terms of Services and Website

RCart reserves the right to change or modify any of the terms and conditions contained in the Program Terms from time to time at any time, without notice, and in its sole discretion. If RCart decides to change these Terms, RCart will post a new version on the website and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

RCart may terminate the Program any time at its sole discretion, by posting any such changes on the RCart website. Where required by law, RCart will send you an electronic notice to the email on file of these changes, not more than 90 days and at least 60 days prior to the effective date of the change, setting out the amended terms and the date of the coming into force of the amendment. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Website access

You must provide your email in order to access www.withrcart.com (“The Website”). Your email and other relevant information will be subject to our Privacy Policy, incorporated herein by reference. By submitting your email for account registration (“The Account”), you are agreeing to our Privacy Policy. Access to the website requires two factor authentication which verifies that you have valid access to the registered email address. Your email is the sole method of access to your Account. RCart is not responsible for any loss related to your loss of access to your email account.

The Website contains links to other sites or services. For example, when you link from a survey question, optional offer, or Offer advertisement to another site, you are leaving the Website and are subject to the privacy policies and terms and conditions of those sites. We are not responsible for the privacy practices, content, or security of such third-party sites.

Subject to all of the provisions of these Terms of Services, RCart hereby grants you a limited, terminable, non-transferable, personal, non-exclusive right to access and use the Website solely as provided herein. You agree to use our Website only for purposes that are permitted by these Terms of Services and any applicable law, regulation, or generally accepted practices in the relevant jurisdictions

Rewards program – Completing Offers

RCart may offer one or more Programs under which you may have the opportunity to receive virtual currency (“Rewards Cash”) related to your participation in or interaction with various game offers, advertising, content, shopping opportunities, special offers, surveys, coupons, location-based deals, and other Rewards opportunities (collectively, “Offers”). Offers are provided to RCart by various third parties (“Advertisers”).

Regardless of whether they are expressed as points or dollar amounts, Rewards Cash has no cash, monetary, or other value and are only redeemable for Rewards or redemption methods as may be offered by the Program, subject to these Terms of Services and the Program redemption requirements at the time of redemption.

Offers and Rewards Cash are associated with specific participating merchants (“Merchants”). Offers may be discontinued at any time and may not be offered by all Merchants. The Rewards Cash amount associated with each Offer may vary by Merchant and may change over time.

MANY OFFERS REQUIRE PAID PARTICIPATION OR PAID SUBSCRIPTION. SOME OFFERS MAY HAVE NO INITIAL COST OR A NOMINAL INITIAL COST THAT WILL INCREASE AFTER THE EXPIRATION OF A TRIAL PERIOD AND CONTINUE UNTIL YOU CANCEL.

Each Offer will have the specific terms applicable to that Offer and the requirements necessary to earn Reward Cash.

To be credited with completion of a Offer, you must:

access the Offer through the Website on an Offer page or through a valid link provided to you by our customer support;

complete the requirements to get credit for the Offer which are included in the text box that appears when you click on an Offer;

use the same accurate contact information for completing the required Offer as you did during the registration process;  

not have a third party (e.g., a friend, relative, etc.) complete Offers for you; and 

not sign up for the same Offer more than once.  

If you do not complete all the required steps for the Offer during your initial visit to the Website, return to the Website and login to your Account and pick where you left off. If you are unable to login and access your Account or resume signing up for Offers, please contact customer support (at support@withrcart.com) for assistance. You should retain any confirmation emails or other documentation received applicable to the completed Offers so that, if requested, you can document completion of the required steps for the Offer..  

For an Offer that requires a subscription or purchase, the Advertiser must be able to successfully bill your credit card at least once or for the number of times specified in the Offer’s terms to receive Reward Cash. Many Advertisers will not accept prepaid cards to complete Offers or give credit for a “quick cancel” (i.e., a cancellation prior to the Advertiser’s stated trial period).  For Offers that involve apps, in most cases it must be the first time you’ve installed the app on your device, and you may need to reach a certain level to get Reward Cash as specified in the applicable Offer’s terms.  

In the event you do not receive Rewards Cash after completion of an Offer we may ask you for proof of Offer completion. You must retain: 

The original email, receipts, and confirmations for completed Offers. Copy and paste emails are not accepted. 
Proof of payment including copies of bank or credit card statements. When you make copies of your statements, we ask that you remove your account number.  
For mobile apps and games, we may ask for screenshots of your device’s home screen, the in-app screen showing the specific level reached, the account screen, and/or the app installation date from the App or Play Store.
Receipts for in-app purchases if a purchase was made.

If a technical issue occurred through no fault of your own that prevented Rewards Cash from automatically crediting to your Account, we may grant courtesy Rewards Cash with acceptable proof. To contact our customer support team, please email us at support@withRCART.com.

If we determine misuse or abuse of our courtesy Rewards Cash policy has occurred, we may revoke your right to request future courtesy Rewards Cash, forfeit eligibility for a Reward, and/or permanently suspend your Account.

You will not be eligible for Rewards Cash from an Offer if: 

You have uninstalled the app from your device before credit is issued or if an Offer involves a subscription, canceling the subscription before the Rewards Cash is issued;
If you are using an unauthorized IP, a disposable email address, or a disposable phone number; 
You are attempting to receive Rewards Cash for an Offer more than once; 
You use an email address for the Offer sign-up that is different from the email address used to register for your Account; 
You are not a new customer or user of the Advertiser unless specifically permitted for the Offer;  
You do not have tracking enabled on your web browser or device, if you have ad blockers enabled or if you are completing Offers using technology designed to conceal your identity or location;  
You are attempting to receive Rewards Cash for mobile apps that you have previously installed on your device; or
You “quick cancel”, request a refund, initiate a return, refuse delivery, or if the advertiser determines the information supplied is invalid. In this instance, if Rewards Cash has already been granted, it may be revoked. 
We may use IP addresses, device IDs, and session identifiers to monitor participation in our Program. You cannot switch IP addresses in a manner we deem to be deceptive to hide your location or that otherwise indicates that more than one person completed Offers on a single Account.

At our sole and absolute discretion, if we determine noncompliance with one or more of the limitations described herein, we may forfeit any Rewards Cash or Rewards and terminate your Account. If your Account is terminated, you agree not to attempt to re-register or create another account with our Program unless you have received prior authorization from us via email to do so.

In some instances, RCart’s third-party Program affiliates, rather than RCart, may make the final determination of whether an Offer has been successfully completed and thereby should result in Reward Cash being credited.

Rewards Have No Monetary Value and Are Nontransferable

Unredeemed Rewards Cash has no cash value and can only be redeemed for Rewards. Rewards Cash can never be redeemed for cash products and must be used for purchases at the Merchant. Rewards Cash cannot be transferred, sold or bartered. Rewards Cash remains the sole property of RCart until redeemed for a Reward.

Redeeming Rewards

You may redeem earned Rewards Cash for gift cards or store credit (“Rewards”) with the applicable Merchant. Rewards Cash is only associated with one Merchant and cannot be transferred or otherwise converted to any other Reward. You may redeem Rewards Cash for Rewards once you have accumulated enough Rewards Cash for a specific Reward. The amount of Rewards Cash required to obtain a Reward may vary from Merchant to Merchant and may change over time.

Rewards can only be redeemed for credit with the specific Merchant they were earned under. Some Merchants may provide gift cards or you may need to present a retail receipt for proof purchase and reimbursement. Reimbursements shall generally be made by gift card, however the reimbursement method is at the sole discretion of RCart and is subject to identify verification.

Rewards require a minimum balance of Rewards Cash to be redeemed, which may vary by Merchant and may change over time.

NO REFUNDS: Once Reward Cash has been redeemed for a Reward, the Reward cannot be refunded or credited back to the account. All Rewards Cash conversions to Rewards are final.

We reserve the right to temporarily hold any Reward Cash redemptions up to 90 days after Reward Cash has been redeemed for a Reward.

Failure to Claim Reward

Rewards are digital and delivered electronically to the email address then associated with your Account or as otherwise provided in the applicable Program.

Where we are unable to deliver a Reward or it goes unclaimed for whatever reason, you hereby direct and authorize us, where possible, to cancel or reverse the redemption for that Reward and restore the associated Rewards Cash to your Account in the applicable Program, so that you can attempt to redeem such Rewards again in the future; provided, however, that we shall not be liable to you for any inability or failure to cancel or reverse the redemption and restore the associated Rewards Cash to your Account.

Communications with RCart

By submitting an application to the Program, you agree to receive advertising, marketing materials and other communications from RCart. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by emailing Customer Service at support@withRCART.com.

Identity Verification

RCart reserves the right to verify your identity to our complete satisfaction prior to crediting Rewards Cash or allowing redemption of any Rewards Cash for Rewards. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide a photocopy of your passport, driver’s license, or state ID card, by requiring you to verify the email associated with your Account, or by such other proof of identity or eligibility as we may require. Some of our services or Offers may have additional eligibility requirements and, in that case, RCart also reserves the right to determine or verify your eligibility using such methods as it deems appropriate. Failure or refusal to provide requested documentation or proof of identity or eligibility is grounds for denying access to or any benefit associated with the Website or your Account.

Inactive Accounts

Any Account that has not been logged into and Rewards Cash or Rewards either received or redeemed for one (1) year or more may be deemed inactive and the Account closed. We may also modify our inactive Account rules and policies in our Program from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account accordingly, without any compensation or further obligation to you regarding the closed Account. If you have any questions or concerns regarding these actions or wish to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time), please contact us at support@withRCART.com.

Accounts closed due to inactivity will have all pending Rewards Cash forfeit.

Investigations; Cooperation with Law Enforcement.

You agree that we may, without any limitation:

investigate any suspected breaches of the Website security or our information technology or other systems or networks,
investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Website,
involve and cooperate with law enforcement authorities in investigating any such matters,
prosecute violators of these Terms to the fullest extent of the Law,
delete, modify or cancel any Rewards Cash on the Website, including any User Content, Currency or Virtual Items you may have acquired or submitted through your use of this Website, and
Delete and/or terminate your access to the Program at any time, without notice, for any violation of these Terms.

Account Closure

If you choose to close your RCart account, you can do so by contacting RCart Client Services at support@withRCART.com. RCart accounts that are closed cannot be reopened. If you close your RCart account, you must agree to the terms of closure:

You will no longer be able to log into your account.
You will forfeit all of your existing Rewards Cash.
You will no longer accrue Rewards Cash for Offers pending credit or completion.
You will be opted out of all RCart marketing, including emails, SMS, and push notifications.

Rewards Cash Expiration

Rewards Cash expires 180 days after crediting to your Account. Rewards Cash which is expired can no longer be redeemed for Rewards.

We may modify our Rewards Cash expiration rules and policies for any past, present, or future Rewards Cash from time to time, and if your Rewards Cash expires pursuant to such then-current rules or policies, we may remove such Rewards Cash from your Account, without any compensation or further obligation to you regarding the expired Rewards Cash. If you have any questions or concerns regarding these actions or wish to request re-crediting of the expired Rewards Cash to your Account (subject to such terms, limitations and requirements as we may impose from time to time), please contact us at support@withRCART.com.

Taxes

You are responsible for all local, state, and federal taxes on any Rewards you receive. In the event that you earn more than $600 (six hundred dollars) in Rewards in any calendar year, we reserve the right to withhold Reward issuance until we receive a completed form W-9. Any Rewards earned in excess of $600 per year will be reported to the IRS on form 1099-MISC.

Termination of Account

RCart reserves the right to exclude individuals from the Program, remove Rewards Cash from a member’s account and/or cancel Rewards that are not consistent with RCart policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by RCart ) including but not limited to:

Failure to follow any terms of the Program
Failure to meet the eligibility requirements
Membership inactivity for more than 12 months
Reselling Rewards or Rewards Cash
Disputing charges for paid services in relation to Offers completed
Completing Offers using a bot, macro, hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Program or use other automated means of signing up, and/or use any service to manipulate your computer or mobile device to gain an advantage, or otherwise tamper with our system.  
Exploiting, distributing or promoting to the public any errors, miscues, bugs or defects or misleading information which provides an unintended advantage, or any information intended to encourage others to exploit the Program. 
Disrupting or otherwise altering the normal operations of our Program, including the use of techniques to artificially accelerate Offer completion time (in comparison to typical Program averages) or in any way reproduce or circumvent the navigational structure or presentation of the Program or its contents.
Impersonating any person or entity, whether actual or fictitious, and/or falsely state, hide and/or otherwise obscure or misrepresent yourself.
Providing inaccurate details as to your identity and location. Using technology designed to conceal your identity or location (such as disposable phone numbers or emails, proxies, VPN’s) may result in additional scrutiny of your Account.  If it is determined that technology of this nature is being used to defraud, game or deceive the Program, your account will be suspended and any Rewards Cash forfeited. 
Attempting to defraud and/or deceive us by creating or using multiple email addresses, phone numbers (including disposable numbers) or Accounts. 
Creating Accounts on behalf of others, completing Offers on behalf of others or managing the Accounts of others. 
Flooding/ overburdening our system with multiple requests.  
Improperly using support channels or initiating complaints to 3rd party organizations to make false or frivolous reports or to attempt to claim or receive Rewards Cash or Rewards that are not actually due to you.
Reverse engineering, duplicating, disassembling or decompiling or otherwise attempting to derive and/or alter code from any information accessible through the Website or permit any third party to do so.

Any misrepresentation or any conduct detrimental to the interests of RCart not otherwise protected by law may subject members to Account revocation or deduction of Rewards Cash and/or cancellation of Rewards and will affect eligibility for further participation in the Program. RCart may employ third party fraud detection services to validate activity and determine if accounts are authentic. RCart reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Copyright Policy

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2024 RCart, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of RCart and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of RCart or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated one part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, displayer performance – without the prior written permission of RCart is strictly prohibited.

All trademarks associated with the Offers and Rewards Cash are the intellectual property of their respective owners. Those owners do not endorse, administer, or sponsor the Program or the Website.

Publicity

We may use your first name, last initial, and City and State of residence (for example John S. Wichita, KS) on a Website. We may also ask for a testimonial and/or a picture of you with your Rewards. If you submit either, you grant us a royalty-free license to display and use what you submit to us in any medium. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RCart, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RCart. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

The Websites, Offers and any third-party partner’s products and/or services that you may receive from us, one of our Advertisers, or other third-party partners (collectively “activity and content relating to the Websites”) is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. (Offers may include warranties from the manufacturer/provider. If an Offer does not work or you have some other claim related to an Offer, please contact the Advertiser, manufacturer and/or provider.) We make no warranty that the activity and content relating to the Websites will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Websites. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Websites. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties. 

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RCART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON RCART’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM RCART AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Disputes

If a dispute should arise between you and RCart, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing support@withRCART.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

Limitation on Timeframe to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND RCART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

Indemnification

You agree to indemnify and hold RCart, our parents, subsidiaries, and related parties, and each of their respective members, officers, directors, employees, agents, and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs, and settlement costs), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of a Website, any service provided by us, user generated content (“UGC”) or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, intellectual property rights; or (iv) any deceptive, threatening, libelous, obscene, harassing, or offensive material contained in any of your email communications or other submissions to a Website.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New Castle County, Delaware. This provision does not apply to residents of New Jersey.

Arbitration

Mandatory Arbitration.  These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties, Offer providers, Advertisers, and our service providers all of whom are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to receive SMS/text messages or emails from us, any claims that you may have regarding any SMS/text messages or emails that you receive from us or our service providers are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a Website; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.

You agree that any and all disputes arising out of or connected in any way with the Program or use of the Website, and/or the determination of the scope or applicability of these Terms of Services to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually-acceptable administrator and conducted before a sole arbitrator in accordance with the rules of the arbitration provider. These arbitration terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be held in New Castle County, Delaware The arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Services and any of the other agreements or additional terms referenced herein that you may have entered into in connection with our Website and Promotions. The arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against any party. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Waiver and Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by RCart, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Entire Agreement

The Terms of Services and our Privacy Policy constitute the sole and entire agreement between you and RCart LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Notices

All notices of copyright infringement claims should be sent to support@withrcart.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@withrcart.com

This Website is operated by:

RCart LLC
111 Centrenest Ln
Wilmington, DE 19807