Community First Credit Union of Florida (“we,” “our” or “Credit Union”) is offering you the opportunity to refer friends and/or to be a friend receiving a referral via the Refer-a-Friend Program (“Program”) offered on the website located at https://www.refer.communityfirstfl.org (the “Site”). “You” individually and collectively refers to any Referrer or Friend as defined below.

1. Binding Agreement. By using the Site to create a Personal Link (as defined below) or participating in the Program and/or receiving any Reward hereunder, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Credit Union's decisions regarding the Program and the interpretation of these Terms are final and binding.

2. Privacy. You understand and agree that we will collect personal information (“Personal Information”) from you as part of the Program, which may include, but not be limited to: email address, first name, and last name. We may use that Personal Information and share that Personal Information with Extole, Inc. and Tango Card, Inc. for the limited purposes of operating the Program and enforcing these Terms. You hereby consent to our collection, use and sharing of Personal Information as described in these Terms without further notice to you or further consent from you. Each Friend hereby consents to the release of the fact that the Friend has opened or failed to open a Credit Union account and otherwise met (or not met) the qualifications to earn a Reward as set forth in these terms.

3. How the Program Works. In order to be eligible as a Referrer (defined below), you must be (a) a legal resident of the United States of America, (b) at least 18 years old, and (c) a current Credit Union member in good standing. To participate in the Program as a Referrer, you must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues. Once an individual makes a referral, he or she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”). Referred friends (“Friends”) must complete the referral as described in the referral message with your Personal Link. In order for Referrer to receive the Reward(s) described below for any Friend and for any Friend to receive a Reward as described below, the Friend must (i) be a legal resident of the United States of America, (ii) be at least 18 years old, (iii) be eligible for membership in the Credit Union, (iv) open a Credit Union Share Membership account using a Referrer’s Personal Link with a the minimum opening balance requirement of five ($5) dollars, (v) not be a current or returning member of the Credit Union at the time of application for an account hereunder, and (vi) open a Credit Union Checking Account that is in good standing using a Referrer’s Personal Link.

4. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Credit Union or participate in the Program as Friends. Your use of the Program may not violate any law or regulation, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program, or (iv) introduce any viruses, spyware, poison pills, or other destructive programming or code into the Program or Site. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE CREDIT UNION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.

Employees of the Credit Union or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate in the Program.

5. Rewards. By making a valid referral, as Referrer you will receive your choice of a fifty ($50) dollar electronic Amazon.com or VISA Gift Card and your Friend will receive their choice of a fifty ($50) dollar electronic Amazon.com or VISA Gift Card (each, a “Reward”). If you choose an electronic VISA Gift Card, it must be redeemed within 4 months of issuance and will expire 7 months from issuance. You can earn a maximum of $300 in Rewards per calendar year. Delivery and/or distribution of any earned and applicable Gift Card will be via a digital code sent to the email address provided by the Referrer(s) and Friend(s) respectively. Rewards are subject to verification of eligibility and restrictions as set forth in these Terms. The Credit Union may delay delivery of a Reward for the purposes of investigation and verification. The Credit Union may also refuse to verify and process any transaction during Friend account opening for any reason, and in its sole discretion. Subject to the Credit Union’s rights of investigation and verification, (a) the Reward will be paid to a qualified Referrer within 30 days following the Credit Union’s verification of the Referrer’s and the Friend’s compliance with these Terms and (b) the Reward will be paid to the Friend within 30 days following the Credit Union’s verification of the Referrer’s and Friend’s compliance with these Terms.

Unless otherwise stated, Rewards may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, assigned, transferred, bartered or sold. You are responsible for all applicable federal, state and local taxes that may apply to the Reward.

6. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Credit Union, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any attorney’s fees, property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. The Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to you for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

8. Bulk Distribution (“Spam”). When acting as a Referrer, you warrant that you are the actual sender of all emails hereunder and will comply with all applicable laws and regulations. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, you represent that you have the appropriate permission and consent for such submission. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner other than what is described herein is expressly prohibited and may be grounds for immediate termination of your right to participate in the Program and further legal action. The Credit Union has no obligation to monitor the Program or any communications; however, the Credit Union may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program in the Credit Union’s sole discretion. Each of you who do not comply with applicable laws and regulations, including, but not limited to, anti-spam laws, or the terms of this paragraph are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a result of such breach or violation. Each of you who does not comply with applicable laws and regulations or violates these Terms (as determined in the Credit Union’s sole discretion), including, but not limited to, the terms of this paragraph, will not be eligible for Program Rewards.

9. Sign-In Credentials. You are responsible for maintaining the confidentially of any sign-in credentials, including, but not limited to, your Program sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify the Credit Union immediately if you suspect unauthorized access to your Program account. You agree that the Credit Union will not be liable for any loss or damage arising from unauthorized use of your sign-in credentials.

10. Right to Cancel, Modify or Terminate. These Terms are effective as of July 12, 2023. We reserve the right to cancel, modify or terminate the Program or these Terms at any time for any reason without notice to you or your consent. We reserve the right to disqualify you at any time from participation in the Program and/or for Program Rewards if you do not comply with any of these Terms, as determined in our sole discretion.

11. Severability. In the event any part of these Terms is ruled by any court or regulatory authority to be invalid or unenforceable, then these Terms shall be automatically modified to eliminate that part which is affected thereby. The remainder of the Terms shall remain in full force and effect.

12. Void Where Prohibited. This Program is void wherever prohibited or restricted by law; if you live in any jurisdiction where this Program is void, you are not eligible for participation in the Program in any manner.

13. Binding Arbitration and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES REGARDING THE PROGRAM BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. THESE TERMS APPLY ONLY TO DISPUTES ARISING OUT OF THIS PROGRAM AND DO NOT REPLACE THE BINDING ARBTRITRATION AND CLASS ACTION WAIVER CONTAINED IN YOUR CREDIT UNION MEMBERSHIP AND ACCOUNT AGREEMENT, IF APPLICABLE.

Agreement to Arbitrate Disputes - Either you or we may elect, without the other’s consent, to require that any dispute between us concerning the Program be resolved by binding arbitration, except for those disputes specifically excluded below.

No Class Action or Joinder of Parties - YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration, whether or not the claim may have been assigned.

Disputes Covered by Arbitration - YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of the Program or your participation in the Program will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice. Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All disputes are subject to arbitration, no matter what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) they seek. Disputes include not only claims that relate directly to the Credit Union, but also its parent, affiliates, successors, assignees, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. If party initiates a proceeding in court regarding a claim or dispute which is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration pursuant to this Resolution of Disputes by Arbitration provision.

Disputes Excluded from Arbitration - Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief. However, if a matter in small claims court is removed, transferred, or appealed to a non-small claims court, that claim shall be subject to this Resolution of Disputes by Arbitration provision.

Commencing an Arbitration - The arbitration must be filed with one of the following neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiate the arbitration, you must notify us in writing at: P.O. Box 2600 Jacksonville, FL 32232. If we initiate the arbitration, we will notify you in writing at your last known address on file. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums:

American Arbitration Association
1-800-778-7879 (toll-free)
www.adr.org
JAMS
1-800-352-5267 (toll-free)
www.jamsadr.com

The arbitration shall be conducted in the same city as the U.S. District Court closest to your home address, unless the parties agree to a different location in writing.
Administration of Arbitration - The arbitration shall be decided by a single, neutral arbitrator. The arbitrator will be either a lawyer with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the arbitration forum. The arbitrator shall follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those rules and procedures are inconsistent with this arbitration provision, in which case this arbitration provision will prevail. Those provisions and rules may limit the discovery available to You or the Credit Union. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or by us. The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law. The arbitrator will not have the power to award relief to, or against, any person who is not a party to the arbitration. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. You or the Credit Union may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in writing. At your or our request, the Arbitrator shall issue a written, reasoned decision following applicable law and relief granted must be relief that could be granted by the court under applicable law. Judgment on the arbitration award may be entered by any court of competent jurisdiction.

Costs - The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs of the arbitration for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us in writing and we determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all costs and expenses from another party if the arbitrator, applying applicable law, so determines.

Arbitration Award - The arbitrator’s award shall be final and binding unless a party appeals it in writing to the arbitration forum within fifteen days of notice of the award or pursuant to the rules of the arbitration forum, whichever is later. The appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance with the rules of the same arbitration forum. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same manner as allocated before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days of notice of the award or pursuant to the rules of the arbitration forum, whichever is later. A final and binding award is subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act or other applicable law. A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction. Governing Law - You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the State of Florida shall apply.

Severability, Survival - These arbitration provisions shall survive (a) termination or changes to your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your accounts or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between you and us. Applicability - Arbitration will not apply as long as you are an active duty Service Member.