RAINCHECK TERMS OF SERVICE

Last updated: September 28, 2026
Effective: September 1, 2026
Version: 2.0

PLEASE READ SECTION 20 (DISPUTE RESOLUTION). It requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action. You may opt out within 30 days.

These Terms of Service (“Terms”) form a binding agreement between you and RainCheck Agent, LLC, a Michigan limited liability company with its principal place of business at 741 Chicago Drive, Holland, Michigan 49423 (“RainCheck,” “we,” “us,” or “our”).

These Terms govern your use of the RainCheck mobile application, our websites, and all related services (together, the “Service”). These Terms include and replace any prior end user license agreement for the RainCheck application.

By creating an account, tapping “I Agree,” or using the Service, you accept these Terms. If you do not agree, do not use the Service.

Contact: support@raincheckagent.com
Legal notices: legal@raincheckagent.com

1. WHAT RAINCHECK IS

RainCheck is a technology platform. It lets you tell participating fuel retailers (“Stations”) what price per gallon you are willing to pay, and lets Stations decide whether to accept. RainCheck does not sell, own, store, transport, refine, or dispense fuel. Fuel is sold and dispensed by the Station. Your fuel purchase is a transaction between you and the Station. RainCheck acts as the Station’s limited agent for the purpose of accepting your prepayment and issuing the corresponding fuel credits described in Section 5. When you pay through the Service, your payment obligation to the Station is satisfied at the moment RainCheck receives your funds. The Station bears the risk of RainCheck’s failure to remit, not you. RainCheck is not a bank, credit union, trust company, money transmitter, or issuer of a general-purpose prepaid instrument, and the Service is not a deposit account, payment account, or general-purpose stored-value product.

2. ELIGIBILITY

You must be 18 or older, a United States resident, and legally able to enter contracts. The Service is offered only in the United States. One account per person. You may not use the Service on behalf of anyone under 18. You represent that you are not on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals list, and that you are not located in a comprehensively sanctioned jurisdiction. No children. The Service is intended for adults and is not directed to children. We do not knowingly collect personal information from anyone under 13, and if we learn that we have collected personal information from a child under 13, we will delete it. If you believe a child has provided us personal information, contact us at privacy@raincheckagent.com.

3. YOUR ACCOUNT

Provide accurate information, keep it current, and keep your credentials secret. You are responsible for activity under your account. Tell us immediately at support@raincheckagent.com if you suspect unauthorized use.

Your username is public. Other users can find you by it in order to send you RainDrops. Do not use your legal name, or any information you do not want visible to other users, as your username.

We may suspend or close accounts that violate these Terms, are used fraudulently, present unacceptable risk, or that we are required to restrict by law. If we close your account for any reason other than fraud or a material violation of these Terms, Section 8.7 governs what happens to your RainDrops.

Your privacy. Our collection and use of your information is described in our Privacy Policy, available in the app and at raincheckagent.com. By using the Service, you acknowledge the Privacy Policy and consent to the data practices it describes. Where the law requires your consent to collect, use, or share certain information, we will obtain it, and we will honor the privacy choices and opt-outs the law gives you.

4. LICENSE TO USE THE APPLICATION

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the RainCheck application on devices you own or control, for your personal, non-commercial use. The application is licensed, not sold. We and our licensors retain all right, title, and interest in it.

You may not:

i. copy it except as this license permits; modify, adapt, translate, or create derivative works of it;

ii. reverse engineer, decompile, or disassemble it except to the extent applicable law expressly permits notwithstanding this restriction;

iii. remove proprietary notices; rent, lease, lend, sell, sublicense, distribute, or otherwise transfer it; use robots, scrapers, or automated means to access it;

iv. frame or mirror it; interfere with its operation or that of any other user;

v. or circumvent any security or rights-management feature.

We may issue updates, which become part of the application and are subject to these Terms. Some updates install automatically. The application may not function correctly if you do not install them.

4.1 Apple App Store terms

If you obtained the application from the Apple App Store, the following apply and control over anything inconsistent with them:

i. This license is between you and RainCheck only, not with Apple. RainCheck, not Apple, is solely responsible for the application and its content.

ii. Scope of license. Your license to use the application is a non-transferable license to use it on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that it may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

iii. Maintenance and support. Apple has no obligation to furnish any maintenance or support for the application. RainCheck, not Apple, is solely responsible for providing any maintenance and support for the application that is required under these Terms or applicable law. You may request maintenance or support at support@raincheckagent.com.

iv. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for it. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.

v. RainCheck, not Apple, is responsible for addressing any claim by you or a third party relating to the application, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

vi. RainCheck, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the application infringes intellectual property rights.

vii. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and are not on any U.S. Government list of prohibited or restricted parties.

viii. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

5. RAINDROPS – READ THIS SECTION CAREFULLY

5.1 What a RainDrop is

A RainDrop is a prepaid credit, with a face value of one United States dollar ($1.00), good for fuel only at the single Station that issued it. RainDrops are:

i. Closed-loop. Redeemable only at the issuing Station. Not usable at any other Station, merchant, or location, and not usable for anything except fuel and, where the Station offers it, other goods that Station sells.

ii. Not money, not a deposit, and not legal tender. They are a contractual right to receive fuel from the issuing Station.

iii. An obligation of the issuing Station, supported by RainCheck’s separate protection commitment in Section 8.

iv. Not interest-bearing.

v. Not a security, commodity, virtual currency, digital asset, or cryptocurrency, and not tradeable on any exchange or secondary market.

5.2 RainDrops Never Expire

The face value of a RainDrop does not expire. Ever. There is no expiration date, no dormancy period, and no circumstance in which a RainDrop you hold becomes worth less than $1.00 at the issuing Station. The underlying funds represented by a RainDrop do not expire. This fact, and the fact that no fee of any kind applies to a RainDrop, are disclosed to you clearly and conspicuously before you purchase, and they cannot be changed after your purchase.

5.3 No Fees of Any Kind

We charge no service fee, dormancy fee, inactivity fee, maintenance fee, reload fee, transfer fee, or fee of any other kind on RainDrops. Buying, holding, sharing, and redeeming RainDrops costs you nothing beyond the purchase price.

5.4 The Discount Window – what actually expires

When a Station accepts your price, you lock in a discounted price per gallon. That price lock is a promotional term with a limited life (the “discount window”), set by the Station and shown to you before you buy.

The discount window is separate from the face value of your RainDrops:

You never lose money. You lose the discount. After the window closes, a RainDrop still buys exactly one dollar of fuel at that Station’s posted price, the same as cash.

5.5 How You Redeem

Present your code in the app at the Station. The Station dispenses fuel and the corresponding RainDrops are deducted. If you dispense less fuel than you selected, the unused RainDrops return to your balance immediately.

5.6 Balance Limits

To keep RainDrops within the closed-loop framework described above, the following limits apply, and we may adjust them on notice:

i. Maximum $2,000 in total RainDrop value associated with your account at any Station on any day.

ii. Maximum $2,000 in RainDrops purchased or loaded across all Stations in any 24-hour period.

5.7 Sharing RainDrops – gifts only, never sales

You may send RainDrops to another RainCheck user as a gift. Once sent, they belong to the recipient and you cannot reclaim them. They remain redeemable at the same Station under the same terms.

You may not sell, trade, barter, auction, or exchange RainDrops for money or anything of value, and you may not offer to. RainDrops have no secondary market, and RainCheck operates none. RainCheck does not list, broker, price, escrow, or facilitate any transaction between users other than a gratuitous transfer of credits from one user to another. There is no wallet-to-wallet marketplace, no seller fee, and no payout.

Attempting to sell RainDrops is a material breach of these Terms and may result in suspension, closure of your account, and reversal of the transfer. RainCheck is not involved in, and has no responsibility for, anything exchanged between users outside the Service.

5.8 Refunds and Cash Redemption

RainDrop purchases are generally final. However:

i. Cash-out of small balances. You may request that we pay you your remaining balance in cash – by refund to your original payment method, or by check or electronic transfer if that method is unavailable – whenever either of the following is true:

a. your remaining balance at a Station is $15.00 or less, or

b. 10% or less of the RainDrops you originally purchased remains.

Request it in the app or by emailing support@raincheckagent.com. We will process it within 30 days. This right is available to all users in every state, and applies regardless of how the balance came to be small.

If you received RainDrops as a gift from another user rather than purchasing them, the first rule applies to you. The second cannot, because you did not purchase them and there is no original amount to measure against. We will settle a gift balance by check rather than by refund, because there is no card of yours to refund to; this takes longer than a card refund.

ii. Cancellation before redemption. If you have not redeemed any RainDrops from a purchase, you may cancel that purchase within 72 hours and receive a full refund to your original payment method.

iii. Station closure or exit. See Section 8.

iv. Charges you did not authorize. See Section 9.

v. Except as stated in this Section 5.8 and Section 8, RainDrops are not redeemable for cash.

5.9 Unclaimed Property

We do not treat unredeemed RainDrops as ours. Because RainDrops never expire and can be cashed out under Section 5.8(a), balances remain yours indefinitely. Where applicable state unclaimed property law requires it, we will report and remit unclaimed balances to the appropriate state and will attempt to notify you first at your last known contact information.

5.10 Lost Access

RainDrops are tied to your account, not to a physical card or code you can lose. If you lose access to your account, recover it using the tools in the app or contact support. We do not “replace” RainDrops because there is nothing to replace – your balance is where it always was.

6. BUYING FUEL THROUGH RAINCHECK

6.1 How a Purchase Happens

You set a fuel type, grade, quantity, price, and search area. A participating Station may accept your offer. Stations are not obligated to accept any offer. Nothing on the Service is a guarantee that any Station will accept, that fuel will be available, or that any price will be honored beyond the terms of a completed purchase.

6.2 Payment Authorization – read this before you enable automatic charging

By adding a payment method you authorize RainCheck to charge it for purchases you make through the Service. The Service offers two modes, and you choose:

i. Confirmation required (default). When a Station accepts your offer, we notify you and you must confirm before we charge you. If you do not confirm within the window shown in the app, the offer lapses and you are not charged.

ii. Automatic charging (you must turn this on). If you enable it, you authorize us to charge your saved payment method automatically, without further action by you, whenever a Station accepts an offer you have posted, up to the price and quantity limits you set. We will show you those limits before you enable it and will email you a receipt for every charge.

You can turn automatic charging off at any time in the app, in one step, with no fee and no waiting period. Turning it off stops all future automatic charges immediately.

6.3 Payment Processing

Payments are processed by Stripe, Inc. Card data is entered into Stripe’s interface and transmitted to Stripe directly. RainCheck never receives, stores, or transmits your full card number or security code. Your use of Stripe is subject to Stripe’s terms and privacy policy.

6.4 Pricing, Taxes, and Pump Price Accuracy

Fuel prices, grades, and availability are set by each Station. Stations are contractually responsible for keeping their posted pump price current in the RainCheck merchant portal. RainCheck does not set fuel prices and does not guarantee any price, discount, or availability.

Taxes. Motor fuel taxes and any applicable sales tax are the Station’s responsibility as seller of the fuel and are included in the pump price. Purchasing RainDrops is a prepayment; tax is determined at the time fuel is dispensed, based on the Station’s location and the price then applicable.

If a Station’s posted price is wrong, tell us. We will investigate and, where the error caused you to pay more than you should have, we will credit or refund the difference. This does not limit any right you have against the Station.

6.5 Fuel Quality, Quantity, and Safety

Fuel quality, octane, quantity dispensed, meter accuracy, and pump safety are entirely the Station’s responsibility. Stations are required to comply with all applicable weights-and-measures, fuel-quality, environmental, and safety laws. RainCheck does not inspect, test, calibrate, or certify any fuel, pump, meter, or Station. If fuel you purchase damages your vehicle, that is a claim against the Station. We will provide the transaction records you need to pursue it.

7. RATINGS AND OTHER CONTENT YOU SUBMIT

You may rate Stations and leave comments. You keep ownership of what you write. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, and distribute it in connection with operating and promoting the Service.

You are responsible for what you post. Do not post anything false, defamatory, harassing, obscene, unlawful, or infringing, and do not post another person’s private information. We may remove content that violates these Terms, but we are not obligated to monitor content and do not endorse it. Feedback. If you send us suggestions, we may use them freely, without compensation or obligation to you. Copyright complaints (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a written notice to our Designated Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and information reasonably sufficient for us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated Copyright Agent. RainCheck Agent, LLC, Attn: Copyright Agent, 741 Chicago Drive, Holland, MI 49423; legal@raincheckagent.com. Our Designated Agent is registered with the U.S. Copyright Office.

Counter-notification. If your content was removed or disabled and you believe that was a mistake or misidentification, you may send a written counter-notice to our Designated Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and the location where it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district in which you reside (or, if outside the United States, any district in which we may be found) and that you will accept service of process from the party who filed the notice. We will act on a valid counter-notice as the DMCA provides.

Repeat infringers. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Knowingly making a material misrepresentation in a notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f).

8. IF A STATION CLOSES OR LEAVES THE NETWORK

8.1 The Commitment

If a Station closes, ceases operations, or leaves the RainCheck network while you hold unredeemed RainDrops issued by that Station, RainCheck will pay you the full face value of those RainDrops.

8.2 How

By refund to your original payment method where possible; otherwise by check or electronic transfer to you. We will notify affected users at the email address on the account and will describe how to claim.

8.3 When

Within 60 days of the Station’s departure becoming effective, or within 60 days of your claim, whichever is later.

8.4 Who Gets Paid

The current holder. If RainDrops were shared to you, we pay you, not the person who originally bought them.

8.5 This Commitment is Cot Capped by Section 19

The limitation of liability in Section 19 does not apply to our obligation under this Section 8. This is a direct contractual commitment to pay a specific, ascertainable amount, and we do not limit it.

8.6 What This Is, and Is Not

This is a voluntary contractual guaranty by RainCheck, funded by RainCheck. It is not insurance, not a deposit, not a guarantee of any Station’s solvency, and not an acknowledgment that RainCheck holds your funds. RainCheck’s rights against a departing Station do not affect our obligation to you.

8.7 If We Close Your Account

If we close or suspend your account for any reason other than fraud, abuse, or a material violation of these Terms, we will pay you the face value of your remaining RainDrops on the same terms as Section 8.1 through 8.4.

If we close it because of fraud, abuse, or material violation, we may withhold payment of the balance pending investigation, and may retain amounts attributable to the fraud or violation. We will not retain amounts unrelated to it. You may contest our determination under Section 20.

8.8 If You Delete Your Account

Deleting your account does not forfeit your RainDrops. Before your account is deleted, we will pay you the face value of any RainDrops you still hold, by refund to your original payment method where possible and otherwise by check or electronic transfer. RainDrops you previously gave to other users belong to them and are unaffected.

9. DISPUTED CHARGES

If you believe you were charged in error, contact us at support@raincheckagent.com. We will acknowledge within 2 business days and complete our investigation within 10 business days (or 45 days if we need more time, and we will tell you if we do). If we find an error, we will correct it and refund you promptly.

You do not have to contact us before disputing a charge with your card issuer, and nothing in these Terms limits your rights under the Fair Credit Billing Act, the Electronic Fund Transfer Act, or your card network’s rules. We simply find it is usually faster.

10. ACCEPTABLE USE

You may not:

i. Use the Service unlawfully or fraudulently

ii. Sell, resell, trade, or commercially traffic in RainDrops (see Section 5.7)

iii. Create multiple accounts to abuse promotions, evade limits, or circumvent a suspension

iv. Use another person’s payment method without authorization

v. Scrape, crawl, harvest, or systematically extract data from the Service

vi. Interfere with, probe, or attempt to breach the Service or its security

vii. Misrepresent your identity or affiliation

viii. Use the Service to launder money, evade sanctions, or finance unlawful activity

ix. Use the Service on behalf of anyone under 18

11. THIRD-PARTY SERVICES

The Service relies on third parties, including Stripe (payments), Google Maps (mapping), and the app stores. Your use of those services is governed by their terms. We are not responsible for third-party services, content, or conduct.

12. ELECTRONIC COMMUNICATIONS, MARKETING, AND E-SIGN CONSENT

12.1 Consent to Electronic Records and Signatures (E-SIGN)

You consent to receive all communications from us electronically – by email to the address on your account, by push notification, or by posting in the Service. This consent applies both to the particular transaction that gives rise to a record and to all categories of records we may provide during our relationship, including these Terms, changes to them, receipts, disclosures, and legal notices. Electronic communications satisfy any legal requirement that a communication be in writing.

To access and retain these records you need a device with internet access, a current browser or the RainCheck app, an email account, and the ability to read and save PDF and HTML files. If the hardware or software you need to access or retain records changes in a way that creates a material risk you can no longer do so, we will notify you of the revised requirements and your right to withdraw consent without any fee.

You may withdraw this consent by emailing support@raincheckagent.com, but because the Service is delivered entirely electronically, withdrawing consent means we will close your account (and pay out your balance under Section 8.8). You may request a paper copy of any specific record by writing to us; we will not charge you for it. You may also update the contact information we use to reach you electronically at any time in the app.

Keep your email address current. Notices sent to the address on your account are effective when sent.

12.2 Transactional Versus Marketing Messages

Transactional messages. We will send you messages that relate to your account and transactions – for example, confirmations, receipts, offer acceptances, security alerts, refunds, and legal notices. These are part of the Service, and you cannot opt out of them while you keep your account.

Marketing emails. From time to time we may send you promotional email about features, offers, or Stations. Every marketing email will identify itself as an advertisement, include a valid physical postal address for RainCheck, and include a working unsubscribe mechanism. You can opt out of marketing email at any time by using the unsubscribe link or by emailing support@raincheckagent.com; we will honor your request promptly, and in any event within ten (10) business days. Opting out of marketing does not stop transactional messages.

12.3 Text Messages and Calls

We may send you text (SMS) messages relating to your account and, if you have separately agreed, marketing text messages. By providing your mobile number and opting in, you give your prior express consent (and, for marketing texts or autodialed or prerecorded marketing calls, your prior express written consent) to receive such messages and calls from us at that number, including through an automatic telephone dialing system or prerecorded or artificial voice. Consent to marketing messages is not a condition of purchasing anything. Message and data rates may apply, and message frequency varies. You may opt out of text messages at any time by replying STOP to any message (or HELP for help); after you opt out we may send a single confirmation. Standard carrier charges may apply and carriers are not liable for delayed or undelivered messages.

13. TERM AND TERMINATION

These Terms apply from the moment you accept them until terminated.

You may terminate at any time by deleting your account in the app (see Section 8.8) and removing the application from your devices.

We may suspend or terminate your access immediately if you materially breach these Terms, if we are required to by law, or if we discontinue the Service. If we discontinue the Service, we will give at least 60 days’ notice and pay out outstanding RainDrop balances under Section 8.

Surviving sections: 5.8, 5.9, 7 (license to submitted content), 8, 9, 14, 15, 17, 18, 19, 20, 21, and 24 survive termination.

14. CHANGES TO THESE TERMS

We may change these Terms. For material changes we will give notice in the Service or by email at least 14 days before they take effect, and will update the version and date above.

Changes are not retroactive and do not apply to any dispute that arose before the effective date. If you do not agree to a change, stop using the Service and delete your account before the effective date; Section 8.8 governs your balance. Continued use after the effective date is acceptance.

Changes to Section 20 (Dispute Resolution) do not apply to you unless you affirmatively accept them. We record your acceptance of each version, including the version, date, IP address, and device.

15. CHANGES TO THE SERVICE

We may add, change, or discontinue features. We will not change the essential character of a RainDrop you already hold – face value, the issuing Station, and the absence of expiration are fixed at the time of purchase.

16. DISCLAIMERS

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that any Station will accept an offer, have fuel available, honor a redemption, or post accurate prices; that the Service will be uninterrupted, timely, secure, or error-free; or the quality, safety, or legality of fuel dispensed by any Station.

Nothing in this Section disclaims our obligations under Section 5.8 (refunds and cash-out) or Section 8 (station closure). Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAINCHECK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, however caused and under any theory of liability, even if we were advised of the possibility.

OUR TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Service WILL NOT EXCEED THE GREATER OF (a) $1,000 OR (b) THE TOTAL AMOUNT YOU PAID THROUGH THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THIS CAP DOES NOT APPLY TO:

i. Our obligations under Section 5.8 or Section 8 (refunds, cash-out, and station-closure payment of face value)

ii. Our gross negligence, willful misconduct, or fraud

iii. Our indemnification obligations

iv. Death or personal injury caused by our negligence

v. Any liability that cannot be limited under applicable law

Some states do not allow these limitations, so some of the above may not apply to you. The limitations in this Section apply even if a limited remedy fails of its essential purpose.

18. INDEMNIFICATION

You will indemnify and hold harmless RainCheck Agent, LLC and its members, officers, employees, and agents from third-party claims, losses, and reasonable attorneys’ fees arising out of: your use of the Service; your breach of these Terms; your violation of any law or third-party right; or content you submit.

We will notify you of any claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes any obligation or admission on us without our written consent.

We will indemnify and hold you harmless from third-party claims that the Service, as provided by us, infringes a United States patent, copyright, or trademark.

19. TIME LIMIT ON CLAIMS

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim accrues, or it is permanently barred – except where a longer period is required by applicable law, in which case the shortest period the law permits applies.

20. DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

20.1 Informal Resolution First

Before starting an arbitration or a lawsuit, you agree to first send a written Notice of Dispute to legal@raincheckagent.com or to RainCheck Agent, LLC, Attn: Legal, 741 Chicago Drive, Holland, MI 49423. It must include your name, the email on your account, a description of the dispute, and the relief you want. We will send you a Notice of Dispute the same way.

The parties will try in good faith to resolve it for 60 days. If either party requests it, both will participate in an individualized telephone or videoconference settlement conference during that period. This process is a condition precedent to filing, and the statute of limitations and any filing-fee deadline are tolled while it runs.

20.2 Agreement to Arbitrate

If the dispute is not resolved within 60 days, you and RainCheck agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service – including its formation, interpretation, breach, termination, or validity – will be resolved exclusively by final and binding individual arbitration, and not in court, and not before a judge or jury.

This agreement is governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at adr.org. If AAA is unavailable or unwilling, the parties will agree on a substitute administrator, or a court of competent jurisdiction will appoint one.

You understand that you are giving up the right to litigate in court and to have a judge or jury decide your case.

20.3 What is NOT Covered

This arbitration agreement does not apply to:

i. Small claims court. Either party may bring an individual claim in small claims court if it qualifies and remains there.

ii. Public injunctive relief. Claims for public injunctive relief may be brought in court. If a court decides such a claim must proceed in court, it will be severed and stayed pending the outcome of arbitration of all other claims.

iii. Intellectual property. Either party may seek injunctive relief in court to protect intellectual property rights.

iv. Any claim that applicable law does not permit to be arbitrated.

20.4 Class Action Waiver

YOU AND RAINCHECK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. The arbitrator may award relief only to the individual party seeking it, and only to the extent necessary to provide that party relief.

If this Section 20.4 is found unenforceable as to a particular claim or request for relief, then that claim or request is severed from arbitration and must be brought in court, and the remainder of this Section 20 continues to apply to all other claims.

20.5 Coordinated Filings

If 25 or more similar Notices of Dispute are filed by or with the assistance of the same person or coordinated group within a 90-day period, the parties agree the claims will be resolved in batches of no more than 50, with a single arbitrator per batch, a single set of filing fees per batch, and one bellwether proceeding per batch before the remainder proceed. This is intended to make resolution efficient for both sides, and no party waives any substantive right by it.

20.6 Where, How, and Who Pays

i. Location. If an in-person hearing is held, it will be in the county where you live, or another mutually agreed location. You may also elect to proceed by telephone, videoconference, or on documents alone.

ii. Fees. RainCheck will pay all AAA filing, administrative, and arbitrator fees for any claim seeking $75,000 or less, unless the arbitrator finds the claim frivolous. For larger claims, AAA’s Consumer Rules govern fee allocation. You will never be required to pay more in fees than you would have paid to file the same claim in court.

iii. Attorneys’ fees. Each party bears its own, unless a statute or the arbitrator’s award provides otherwise.

iv. Arbitrator authority. The arbitrator may award any relief a court could award to that individual, including statutory damages and attorneys’ fees where a statute provides. The arbitrator will issue a reasoned written decision. The award is final and binding, and judgment may be entered in any court with jurisdiction.

v. Confidentiality. Neither party is required to keep the existence, subject matter, or outcome of the arbitration confidential, except as to information genuinely confidential and designated as such.

20.7 Your Right to Opt Out

You may opt out of this Section 20 within 30 days after you first accept these Terms. Send your name, the email on your account, and a clear statement that you opt out of arbitration to:

legal@raincheckagent.com, subject line “Arbitration Opt-Out”

or RainCheck Agent, LLC, Attn: Arbitration Opt-Out, 741 Chicago Drive, Holland, MI 49423

Opting out affects nothing else in these Terms and will not affect your account, your RainDrops, or how we treat you. If you opt out, Section 21 governs where disputes are heard.

20.8 Jury Trial Waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND RAINCHECK EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.

20.9 Survival

This Section 20 survives termination of these Terms and closure of your account.

21. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20.

Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the state where you reside.

For any claim not subject to arbitration and not brought in small claims court, the exclusive venue is the state or federal courts located in Ottawa County or Kent County, Michigan, and both parties consent to personal jurisdiction there – except that you may also bring an individual claim in the state or federal courts where you reside, and we will not object.

22. STATE-SPECIFIC NOTICES

California residents. Under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Service is provided at no charge for the application itself; charges are for fuel credits as described in Section 5.

New Jersey residents. Nothing in these Terms limits any right or remedy available to you under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act. To the extent any provision of Sections 16, 17, 18, or 19 is unenforceable against a New Jersey consumer, it does not apply to you, and the remaining provisions continue in effect.

Residents of states limiting liability disclaimers. If you reside in a state that does not permit the exclusion or limitation of incidental or consequential damages, or of implied warranties, those exclusions and limitations do not apply to you to the extent prohibited.

23. FORCE MAJEURE

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labor action, fuel supply disruption, government action, utility or network failure, or failure of a third-party service provider. This Section does not excuse RainCheck’s obligation to pay amounts owed under Sections 5.8 or 8; it may only extend the time for performance for as long as the event continues.

24. GENERAL

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the Service, and supersede all prior agreements, including any prior End User License Agreement.

Severability and reformation. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and if it cannot be modified, it will be severed. The remainder of these Terms continues in full force. (This is deliberate: no single provision failing takes the agreement down with it.)

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you.

No third-party beneficiaries, except Apple as stated in Section 4.1 and Stations as to Sections 6.4, 6.5, and 10.

Headings are for convenience only.

Interpretation. These Terms will not be construed against either party as drafter.

Relationship. Nothing creates a partnership, joint venture, employment, or agency relationship between you and RainCheck.

25. CONTACT

RainCheck Agent, LLC
741 Chicago Drive
Holland, Michigan 49423

General support: support@raincheckagent.com
Legal notices: legal@raincheckagent.com
Privacy: privacy@raincheckagent.com