Mathis Rewards Terms & Conditions

Effective August 4, 2022

Introduction
These terms and conditions (“Terms”) govern the relationship, and respective rights and obligations, between Mathis Holding, Inc. and/or its affiliates (“Mathis” or “Us”) and you (each a “Member” and collectively with each other Member, “Members”). Please note that Mathis updated the name of its rewards program from “Mathis Platinum Rewards” to “Mathis Rewards.” Mathis Rewards shall be governed by these Terms, including as they are amended from time to time.

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THIS AGREEMENT INCORPORATES OUR ARBITRATION AGREEMENT WHICH WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE THE DISPUTES; ARBITRATION AGREEMENT SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Your use of the Mathis Rewards membership (“Membership”) is subject to any and all rules adopted by Mathis including our Privacy Policy, including our Notice of Financial Incentive, and other policies and practices, and they may be amended from time to time without notice, all of which are incorporated into these Terms. If you sign up for a Membership, you accept these Terms.


Introduction
These terms and conditions (“Terms”) govern the relationship, and respective rights and obligations, between Mathis Holding, Inc. and/or its affiliates (“Mathis” or “Us”) and you (each a “Member” and collectively with each other Member, “Members”). Please note that Mathis updated the name of its rewards program from “Mathis Platinum Rewards” to “Mathis Rewards.” Mathis Rewards shall be governed by these Terms, including as they are amended from time to time.

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THIS AGREEMENT INCORPORATES OUR ARBITRATION AGREEMENT WHICH WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE THE DISPUTES; ARBITRATION AGREEMENT SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Your use of the Mathis Rewards membership (“Membership”) is subject to any and all rules adopted by Mathis including our Privacy Policy, including our Notice of Financial Incentive, and other policies and practices, and they may be amended from time to time without notice, all of which are incorporated into these Terms. If you sign up for a Membership, you accept these Terms.


Membership Policies
Members must be 18 years of age or older, legal residents of the United States or Puerto Rico, and have a valid form of identification. The annual membership fee covers a 12-month period from the date of enrollment of the Primary Member (as defined below). Memberships are non-transferable and are valid at all Mathis locations. Mathis reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.

The primary or registered Member (“Primary Member”) is solely responsible for Membership, including account maintenance. All Primary Members may add one (1) complimentary household Member, which may be the Primary Member’s spouse, domestic partner, or person living in the same household with the Primary Member who is 18 years of age or older. To receive Membership benefits, the applicable purchase must be made by the Primary Member or the Primary Member’s designated complimentary household Member.

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Membership Benefits
For information about Mathis Rewards Membership benefits, please visit our Mathis Rewards page. All benefits are subject to these Terms and are granted by Mathis separate and apart from any warranties or other benefits given by the manufacturers of the items purchased in connection with your Membership.

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Earning and Expiration of Mathis Rewards Points
Members will earn Mathis Rewards Points (“Points”) as a benefit of Membership. Members earn Points based on every whole dollar spent on an eligible purchase (excluding tax, shipping charges and fees) 30 days after the item(s) have been purchased and shipped. Points earned may be used as a discount against the amount owed for future eligible purchases. Please note that points are not eligible to be used for future purchases made through leasing companies including but not limited to, Acceptance Now and/or Progressive Leasing. A Member can confirm his or her earned Points balance by inquiring with a Mathis in-store representative or over the phone by using the following toll-free number: (844) 294-3435.

POINTS ACCRUED IN YOUR MEMBERSHIP ACCOUNT EXPIRE 36 MONTHS AFTER THE DATE OF THE QUALIFYING PURCHASE UPON WHICH SUCH POINTS WERE EARNED; PROVIDED, THE MEMBER MAINTAINS HIS OR HER MEMBERSHIP DURING SUCH 36-MONTH PERIOD. POINTS ACCRUED IN A MEMBER’S MEMBERSHIP ACCOUNT WILL EXPIRE UPON CANCELLATION OF THE ASSOCIATED MEMBERSHIP OR THE EXPIRATION OF THE ASSOCIATED MEMBERSHIP, WHICH IS 12 MONTHS FROM THE MEMBERSHIP’S ORIGINAL PURCHASE DATE OR ITS MOST RECENT RENEWAL DATE, AS APPLICABLE. THE ACCRUED POINTS ASSOCIATED WITH THE MEMBERSHIP FROM PRIOR MEMBERSHIP PERIODS MAY BE USED DURING THE SUCCEEDING 12-MONTH MEMBERSHIP PERIOD; PROVIDED, IN NO CIRCUMSTANCES MAY POINTS BE USED LATER THAN 36 MONTHS FOLLOWING THE DATE UPON WHICH SUCH POINTS WERE EARNED. THE OLDEST ACCRUED POINTS WILL BE USED FIRST FOR REDEMPTIONS. For example, if you earn Points on December 15, 2022, they will expire on December 15, 2025; provided, such Points did not previously expire due to the Member’s failure to timely renew his or her Membership.

NOTWITHSTANDING THE FOREGOING, FOR PURPOSES OF THE POINTS EARNED BY MEMBERS ON OR BEFORE NOVEMBER 30, 2019, THOSE POINTS WILL BE SUBJECT TO EXPIRATION UPON THE LATER OF: (1) THE 36TH MONTH AFTER THE DATE OF THE QUALIFYING PURCHASE UPON WHICH SUCH POINTS WERE EARNED, OR (2) DECEMBER 31, 2021; PROVIDED, THE MEMBER MAINTAINS HIS OR HER MEMBERSHIP DURING SUCH PERIOD AS CONTEMPLATED ABOVE IN THE PRECEDING PARAGRAPH. For more information about the Mathis Rewards program, including information on the rate at which Points are earned, please visit our Mathis Rewards page.

Points are not transferable and may not be sold, resold, exchanged or bartered. Points have no cash value and cannot be exchanged for cash. Points cannot be used to purchase gift cards or third-party services. Additional exclusions may apply.

To the extent item(s) purchased with Points are returned in accordance with all applicable return policies, absent a permitted exchange for another item, the Points applied to the original purchase will be credited back to the Member’s Mathis Rewards account.

In order to earn Points on qualifying purchases, Members must identify themselves at the time of purchase, either in-store, on the phone or online, by providing the same information that was used to enroll for Membership.

Retro-Active Earning: At this time, we are unable to retroactively apply Points for those Members who did not identify themselves with appropriate account information at time of purchase.

Additional Exclusions: International orders, taxes, shipping charges, delivery fees, warranties and items fulfilled by third parties are not eligible to earn Points. Installation services, parts, repairs, gift card purchases, bulk orders, donations, Membership fees or charges, and bag fees are also not eligible to earn Points. Purchases made prior to January 1, 2019, are not eligible. We reserve the right to add additional exclusions at any time, as needed.

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Agreement Changes
We reserve the right, in our discretion, to make changes to these Terms, the Membership benefits, or any other aspect of Membership, without notice to you. You are responsible for remaining familiar with the Terms and Membership benefits. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS OR THE BENEFITS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

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Membership Cancellation
You may cancel your Membership any time by contacting our customer service department, which will coordinate the cancellation, by using the following (i) toll free number: (844) 294-3435, (ii) e-mail address: mathisrewards@mathishome.com, or (iii) mailing address: 3434 West Reno, Oklahoma City, OK 73107, Attn: Mathis Rewards Membership. Except as otherwise provided in the applicable Terms or as prohibited by applicable law, Membership fees are non-refundable. If a Membership is cancelled, all Membership benefits will end while the Membership is inactive including, but not limited to, eligibility to earn Points.

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Membership Fee
The Membership fee for Mathis Rewards is stated on our Mathis Rewards page. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the Membership fee and the reduced shipping charges for Mathis Rewards.

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Auto Renew Program
MEMBERS HAVE THE OPPORTUNITY TO ENROLL IN THE AUTO RENEW PROGRAM. ALL NEW MEMBERS WILL BE AUTOMATICALLY ENROLLED IN THE AUTO RENEW PROGRAM, UNLESS THEY DO NOT PROVIDE INFORMATION REQUIRED FOR ENROLLMENT AT THE TIME OF MEMBERSHIP SIGN-UP OR HAVE SPECIFICALLY OPTED OUT OF THE PROGRAM.

If a Member is enrolled in the Auto Renew Program, Mathis will charge the Membership fee, plus any applicable taxes, to the Member’s account approximately one day before the end of each Membership term. By enrolling in the Auto Renew Program, a Member authorizes Mathis to charge the scheduled payments to the account identified for payment, or any other account on file, and represents that the Member is the owner or authorized user of the account(s).

Mathis will send information about the Auto Renew Program and Membership renewal by email only. A valid email address is required for enrollment in the Mathis Rewards Program. Members may update contact information by contacting our customer service department and providing their current contact information, using the following (i) toll free number: (844) 294-3435, or (ii) e-mail address: mathisrewards@mathishome.com. Members may revoke consent to receive emails about the Auto Renew Program in the manner described above for updating Members contact information, or by following the instructions in the email, such as clicking “Unsubscribe.” By enrolling in the Auto Renew Program, a Member agrees to receive communication about Membership renewals only by email and to receive marketing and promotional emails from Mathis. If the email address provided by the Member is incorrect or invalid, Mathis will send a letter to the physical address on file, informing the Member that the account will auto renew, and the payment will be charged to the credit card on file, as described herein.

A Member’s authorization under the Auto Renew Program allows Mathis to adjust the scheduled charge to reflect any changes to the Membership fee or taxes. Mathis will notify the Member by email, at least 30 days prior to making any charge or change to the annual membership fee. Although payment will usually be withdrawn on the scheduled date, the Member should allow several days for processing. Mathis will not send a bill before making the charges, and it is the Member’s responsibility to ensure sufficient funds are available at the time of each payment.

ALL AUTHORIZATIONS UNDER THE AUTO RENEW PROGRAM REMAIN IN EFFECT UNTIL THE AUTOMATIC RENEWAL OPTION IS CANCELLED. CONTINUED PARTICIPATION IN THE AUTO RENEW PROGRAM AFTER ANY CHANGES TO THESE TERMS OR CHANGES TO THE MEMBERSHIP FEE CONSTITUTES ACCEPTANCE OF THE CHANGES. IF THE MEMBER DOES NOT AGREE TO ANY CHANGES, THE MEMBER MUST CANCEL THE MEMBERSHIP AND/OR AUTOMATIC RENEWAL.

Members may cancel automatic renewal at any time by contacting our customer service department, which will coordinate cancellation of the automatic renewal feature of that particular Member’s membership, by using the following (i) (844) 294-3435, or (ii) e-mail address: mathisrewards@mathishome.com. If a Member cancels automatic renewal, the current Membership remains active unless it is cancelled as well. A Member can keep the Membership active and renew it by paying in a Mathis store or calling (844) 294-3435. To cancel the Membership, the Member must contact our customer service department by using the following (i) (844) 294-3435, or (ii) e-mail address: mathisrewards@mathishome.com, or (iii) mailing address: 3434 West Reno, Oklahoma City, OK 73107, Attn: Mathis Rewards Membership.

Primary Members will be automatically billed for Membership renewal unless otherwise specified. Primary Members will not receive a renewal notice, unless enrolled in the Auto Renew Program, and then a renewal notice will be provided only by email. The Primary Member may authorize renewal or cardholder changes. However, Mathis reserves the right to not allow complimentary household members to make any changes to a Membership at its sole discretion at any time. Members may renew in a Mathis store or over the phone by using the following toll-free number: (844) 294-3435.

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Payment
We accept checks, cash, American Express®, MasterCard®, Visa®, Discover®, and ATM debit cards (charged as credit cards). Personal checks must be preprinted from Member’s personal checking account with Member’s name, address and phone number written in the exact amount of the purchase. Photo ID (such as a driver’s license or U.S. passport) will be required, in addition to other standard requirements.

If all eligible payment methods we have on file for you are declined for payment of your Membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new Membership period will be based on the date of the successful charge.

A tax-exempt organization may purchase tax-free. All items purchased must be used exclusively by the tax-exempt organization for tax-exempt purposes only. To obtain tax-exempt purchasing privileges, Members must present a valid state tax-exempt number or Sales and Use tax license (or photo copy) with a Membership application and with each annual renewal for so long as the Membership is maintained. To continue any tax-exempt purchasing privileges, it is the Member’s sole responsibility to present the applicable licenses upon Membership renewal.

If the Member buys any property for resale and uses that property for any purpose other than retention, demonstration or display while holding it for sale, the law requires the Member to report and pay tax, measured by the purchase price or other authorized amount. Members will hold Mathis harmless from and will indemnify Mathis against any claim, loss or expense occurring from any failure to comply with resale permits or tax-exempt requirements, and Membership will be subject to immediate forfeiture.

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Termination by Mathis
We may terminate your Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your Membership, however, your Membership account will be closed, and any Membership benefits will end. However, we will not give any refund for termination in the event your Membership ceases to be in Good Standing. A Member in “Good Standing” is a Member: (a) who is current in the payment of all amounts due to Mathis, (b) who is in compliance with all applicable Terms, (c) whose Membership term has not expired without renewal, (d) who has not asserted or overtly threatened any claim or action against Mathis, or (e) whose conduct has not violated any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

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Other Limitations
  • We reserve the right to accept or refuse Membership in our discretion.
  • We may send you email, and other communications related to Mathis Rewards and your Membership (regardless of any preferences related to your Member account).
  • Some Membership benefits may require certain purchase thresholds, have quantity or shipping address limitations, be limited to certain vendors who do not restrict us from discounting their products, or require members to meet specified criteria in order to access them.
  • From time to time, Mathis may choose in its sole discretion to add or remove Membership benefits.
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Disclaimer
THIS PROGRAM, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

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Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS SET FORTH BY THESE TERMS, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL MATHIS, OR ITS DIRECTORS, AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN MATHIS SERVICES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ALL THE MEMBERSHIP PAYMENTS ACTUALLY MADE BY YOU DURING THE COURSE OF YOUR MEMBERSHIP. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IF ANY PROVISION HEREOF IS FOUND TO BE INVALID, IN WHOLE OR IN PART, IT WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF.

YOU REPRESENT THAT YOU HAVE THE REQUIRED LEGAL CAPACITY AND THAT YOU ARE OF THE REQUIRED LEGAL AGE TO ENTER INTO THESE TERMS AND THAT NO ONE ELSE HAS ANY INTEREST IN YOUR ACCOUNT WITH MATHIS.

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Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Mathis from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account.

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Disputes; Arbitration Agreement & Waiver of Certain Rights
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MATHIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

  1. Scope of Arbitration Agreement. You and Mathis agree that we will resolve any and all disputes between us through binding and final arbitration instead of through court proceedings, except that (a) you or Mathis may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non representative) basis; and (b) you or Mathis may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and Mathis hereby waive any right to a jury trial of any Claim (as hereafter defined).

    IF YOU AGREE TO ARBITRATION WITH MATHIS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY ONLY BRING YOUR CLAIMS AGAINST MATHIS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

  2. Informal Resolution. You and Mathis agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Mathis therefore agree that, before either you or Mathis demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Mathis that you intend to initiate an informal dispute resolution conference, email Informal.Resolution@mathishome.com, providing your name, telephone number associated with your Mathis account (if any), the email address associated with your Mathis account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

  3. Arbitration Rules and Forum. All controversies, claims, counterclaims, or other disputes arising between you and Mathis relating to these Terms, the Membership, or any purchases or services obtained in connection with Mathis Rewards (each a “Claim”) shall be submitted for binding arbitration governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph (2). If this notice is being sent to Mathis, it must be sent by email to the counsel who represented Mathis in the informal dispute resolution process, or if there was no such counsel then by mail to Mathis Rewards, 3434 West Reno, Oklahoma City, OK 73107. The arbitration will be conducted by a single arbitrator under its rules and pursuant to the terms of this Agreement. Arbitration demands must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

  4. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable, or that a particular dispute is or is not arbitrable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Mathis. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.

  5. Waiver of Jury Trial. YOU AND MATHIS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Mathis are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 1 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

  6. Waiver of Class or Consolidated Actions. YOU AND MATHIS AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Mathis is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in an appropriate venue. This provision does not prevent you or Mathis from participating in a class-wide settlement of claims.

  7. Opt Out.To opt out, you must notify Mathis in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you currently use to access your Mathis account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: opt-out@mathishome.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

  8. Survival. This Arbitration Agreement will survive any termination of your relationship with Mathis.

  9. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Mathis makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Mathis.
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Miscellaneous
Any action relating to the use of the Program and related websites or any transaction with Mathis must be brought in the state or federal courts located in Oklahoma County, Oklahoma. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms will be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective as to that provision only and only if made in writing and signed by Mathis.

The provisions of these Terms that by their nature are intended to survive termination of these Terms shall survive their termination.

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Updated on 08/04/2022