IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.

Please read these UFD Insider™ Terms and Conditions (the “Terms”) carefully for important information about your rights and obligations in the UFD Insider™ rewards program (“UFD Insider” or “Rewards Program”). By participating in UFD Insider, you agree to these Terms. UFD Insider is a loyalty program offered by Rhoten Morris Consumer Group LLC (RMCG) dbaUncle Funky’s Daughter. (collectively, “RMCG”). “We,” “our,” and “us” mean RMCG. In these Terms, “Member,” “you” and “your” mean the UFD Insider member.

By enrolling in the UFD Insider program, you acknowledge that you have read, understood, and agree to be bound by the UFD Insider terms and conditions. The Rewards Program, and these terms and conditions, are governed by the State of Texas laws without regard to principles of conflicts of laws. You will automatically receive a UFD Insider Reward (“Reward”) when the Rewards Criteria (as defined below) is met. The Reward can be used on all participating RMCG websites. The UFD Insider program, and all points and Rewards, are void where restricted or prohibited by law.

To participate in UFD Insider, customers must be at least 18 years old. A customer may become a Member by enrolling online at unclefunkysdaughter.com/rewards. To enroll, you must provide a valid email address and your first and last name. Enrollment is free, and no purchase is necessary. Customers who purchase items for resale and customers shipping orders outside of the United States ARE INELIGIBLE TO PARTICIPATE in the UFD Insider program.

Members agree to receive loyalty-specific email messages with information about their accounts, as well as other promotional emails and marketing from RMCG and its family of brands. To stop receiving promotional emails, you may use the unsubscribe option in any such emailor the Rewards Program’s My Account page to update your communication preferences. If you opt out from promotional and marketing communications, you will still receive a Welcome e-mail when you join the UFD Insider program and email communication for Rewards issued to you under the Rewards Program. Any personal information provided to the UFD Insider program will be governed by the privacy policy postedhere.

We may contact you about the UFD Insider program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information by calling 1.844.653.8659. We are not responsible for Rewards or communications lost or undelivered due to incorrect or changed email address or other contact information.

You can view your UFD Insider program activity at on your account profile. For customer service, call us at 1.844.653.8659.

The UFD Insider program allows you to earn Points (“Points”) on the dollars you spend as described below. Points can be earned on any Net Eligible Purchase at unclefunkysdaughter.comas long as they are shipped to an address in the United States. For each $1 spent on Net Eligible purchases while enrolled in the UFD Insider program, the Member will earn 1 point.

Points are earned on the Net Eligible Purchase (“Net Eligible Purchases”) amounts after applying all discounts, offers, coupons, and Reward redemptions, rounded down to the nearest dollar. Net Eligible Purchases do not include taxes, returns, refunds and non-merchandise items, such as shipping, gift wrap, and gift cards.

Points will appear in the Member’s account approximately 72 hours after shipment of an online transaction. Members must sign-in using the email address associated with their UFD Insider account at the time of purchase to receive Points. Points earned for returned merchandise will be deducted from the Member’s account. Points cannot be sold or traded and are not transferable unless otherwise expressly stated. Points expire twelve (12) months after being earned. Points will remain available in your Points balance until they are redeemed for a Reward, are forfeited, or expire.

Points cannot be used on sale items.

We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other account.

Points for Special Offers.From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases (“Bonus Points.”) The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. During special offer periods, making a return in the same transaction as a new purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).

Points Disputes. If you believe Points were earned that have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by immediately calling 1.844.653.8659 or writing to Uncle Funky’s Daughter at sales@unclefunkysdaughter.com. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase and all Points allocations are final. We may require you to provide written confirmation of the disputed Points balance and the applicable purchase receipt. We may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.

When you earn enough Points you will be eligible for a Reward. Rewards are redeemable for a specified dollar amount off qualifying purchases on unclefunkysdaughter. The current Reward Level is 150 Points (150 Points = $10 Reward) in any 6-month period. (a “Reward Level”). Once you’ve earned a Reward, your Points balance will be reduced by the number of Points used to obtain the Reward(s). Except as provided below, we will send a Reward to your UFD Insider primary email address within 14 days after you achieve a Reward Level. To change the primary email address for your Account, please contact Uncle Funky’s Daughter by calling 1.844.653.8659. All Rewards will expire 45 days from the date of issuance.

Once a Member earns 150 points in any 6-month period, a $10 Reward will be automatically issued, and an email notification of the Reward will be sent to the primary email address registered with the Member’s account. You can also find the Reward in your account. The Member is responsible for keeping the account contact information current and updated. No responsibility is assumed for incorrect addresses or failure of email to be received. If you do not want to receive emails notifying you of new Rewards you have earned, you will need to end your participation in the Program. Please see Rewards certificate for expiration date. Rewards can only be used for purchase of merchandise items and will be deducted from the transaction total before any other coupons or promotional offers are applied. Rewards can be used on non-merchandise items, such as shipping, gift wrap, and gift cards and are not valid on previous purchases. The value of the Reward is prorated over each of the items purchased. Rewards cannot be sold or traded and are not transferable unless otherwise expressly stated. Rewards have no cash value. Each Reward must be used in a single transaction and any residual amount left on that Reward will be forfeited. Any Customer who returns merchandise acquired with a Reward will not receive a new Reward or a cash refund for the Reward value.

To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

If there is no activity on a Member’s account for two (2) years, the account will be cancelled. RMCG also can cancel any Member’s account immediately if the Member has breached these Terms, has failed to follow Rewards Program policies and procedures, has sold or traded Points or Rewards, has used multiple UFD Insider accounts, or has otherwise engaged in inappropriate conduct, as determined by RMCG in its sole discretion and without notice. If a Member’s UFD Insider account is cancelled for any of these reasons, then that Member will be ineligible to enroll or participate in the UFD Insider program in the future and will immediately forfeit all Points and Rewards. RMCG reserves the right to take legal action to recover any damages, attorneys’ fees, or court costs from such Member.

RMCG reserves the right to interpret and apply these Terms in its sole discretion, subject to applicable law. All interpretations by RMCG are final. By participating in the UFD Insider program, each Member hereby releases RMCG from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to his/her participation in the UFD Insider program, use of Rewards, or agreement to these Terms.

You may cancel your participation in the UFD Insider program at any time by calling us at 1.844.653.8659. If you cancel your participation in the UFD Insider program, you will no longer earn Points and you will forfeit your unused and unexpired Points.

You may cancel your participation in the UFD Insider program at any time by calling us at 1.844.653.8659. If you cancel your participation in the UFD Insider program, you will no longer earn Points and you will forfeit your unused and unexpired Points.

These Terms, as well as any UFD Insider program elements, may be amended, updated, changed, or terminated at any time at the discretion of RMCG. Notification of any such event, including the effective date, will be posted at https://unclefunkysdaughter.com/terms/ and also sent via email to Members via the email address they have registered with the UFD Insider program. Unless otherwise stated, changes normally will become effective 30 days after posting at https://unclefunkysdaughter.com/terms/. Continued participation in the UFD Insider program after a change takes effect constitutes agreement to the change. If you disagree with a change, your sole remedy is to cease participating in the UFD Insider program.

Limited Liability. To the fullest extent permitted by law, RMCG, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the UFD Insider program; (b) any claim relating to products purchased using any Rewards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Rewards.

Notwithstanding The Foregoing, Any Liability That We May Have To You In Connection With The UFD Insider Program Shall Be Limited To The Amount Of Any Points You Have Earned In Accordance With These Terms. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE REWARDS PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UFD INSIDER PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RMCG DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE REWARDS PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE).

Taxes. You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning such tax consequences.

Initial Dispute Resolution. We are available by email to address any concerns you may have regarding the UFD Insider program. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How do I contact you?” below for more information on how to reach out to us.

Binding Arbitration Agreement. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “—Initial Dispute Resolution” section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its performance and breach), the parties’ relationship with each other and/or your participation in the UFD Insider program shall be finally settled by binding arbitration administered by the American Arbitration Association on a non-confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive, and disclaim the application of any state arbitration act.

The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RMCG will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and RMCG will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $1,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception — Small Claims Court Claims.Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right To Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the address below under “How do I contact you?” The notice must be sent within thirty (30) days of agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the provisions of this section. If you opt-out of these arbitration provisions, RMCG also will not be bound by them. If you do not opt out, but subsequently agree to these Terms again, you will have the ability to opt out again, but only for claims based on events after that subsequent agreement to the then operative version of these Terms. Exclusive Venue For Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Harris County, Houston, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Harris County, Houston, Texas for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in Harris County, Houston, Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the UFD Insider program and (b) any acts or omissions of RMCG in connection with these Terms and conditions or the UFD Insider program.

For questions about these Terms, you can contact us by postal mail, telephone or email as follows: RMCG Consumer Affairs, 10688 Haddington Dr., Houston, TX 77043; 1.844.653.8659; sales@unclefunkysdaughter.com.

Last update: 1/17/2024