Terms of Service

These Terms govern your access to and use of the products and services we provide through our websites, communications (e.g. emails, and texts), software and mobile applications (collectively, “Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Definitions
   “You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses or in any way uses the Services. “We,” “us,”, “Mr Reward” and “our” refer to Mr Reward, LLC and its subsidiaries. "Rewards" are points that a user can earn and redeem at various participating merchants ("Rewards Provider").

If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

2. Services
1. Registration Obligations

You are required to register with Mr Reward in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. You further agree that you will not provide us or Rewards Providers with any mobile device numbers not assigned to you.

2. Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and/or mobile device as applicable, and account, if any, and are fully responsible for any and all activities that occur under your password and/or mobile device, as applicable, or account. You agree to (a) immediately notify Mr Reward of any unauthorized use of your password and/or mobile device, as applicable, or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Mr Reward will not be liable for any loss or damage arising from your failure to comply with this Section.

3. Modifications to the Services

Mr Reward reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Mr Reward shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

4. Rewards

All Rewards and redemptions made available in connection with the Services are promotional only. Such Rewards are made available directly by the relevant merchant providing such Reward (“Rewards Provider”) (not Mr Reward itself) and are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not Mr Reward, is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. Mr Reward will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:

• Redemption frequency is determined by the Rewards Provider.
• Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.
• Rewards cannot be combined with any other rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.
• Rewards cannot be used for taxes, tips or prior balances, unless permitted by the Rewards Provider.
• Neither Mr Reward nor the Rewards Provider is responsible for malfunctioning, lost, or stolen accounts.
• Reproduction or sale of any Reward is prohibited.
• Any attempted redemption not consistent with these Terms of Use or any other restrictions imposed by the Rewards Provider or Mr Reward (including any Reward-specific terms associated with a Reward) will render the Reward void.
• Rewards are void to the extent prohibited by law.
• Rewards may be applied only to the applicable products or services sold by the Rewards Provider that are the subject of such Rewards.

A Rewards Provider may discontinue its rewards program and participation with Mr Reward’s Services at any time. Mr Reward also reserves the right to terminate a Rewards Provider’s rewards program and participation with the Services at any time. Upon termination of a Rewards Program for whatever reason, all Rewards will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.

3. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, Rewards and other materials) posted to or made available through our Services by users, Reward Providers or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

4. Feedback

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Mr Reward and its users any claims and assertions of any moral rights contained in such Feedback.

5. Copyright Infringement and DMCA Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send Mr Reward a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to Mr Reward by email at hello@mrreward.com

6. Intellectual Property
   The Agreement does not transfer any Mr Reward or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Mr Reward and you) solely with Mr Reward. Mr Reward, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Mr Reward (or Mr Reward’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Mr Reward or third-party trademarks.

7. Disclaimers

Our Services are provided “as is.” Mr Reward and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mr Reward, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

8. Indemnification

You agree to indemnify and hold harmless Mr Reward, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any activities conducted through your account or another third-party website.

9. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Harris County, Texas.

10. Arbitration Agreement

EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND MR REWARD (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND MR REWARD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND MR REWARD EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

11. Limitation of Liability

In no event will Mr Reward, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Mr Reward under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Mr Reward shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. User Disputes

You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Services (or any third-party service with which the Services are integrated), and Mr Reward will have no liability or responsibility with respect thereto. Mr Reward reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Services (or any third-party service with which the Services are integrated). In addition, without limiting the foregoing, Mr Reward will have no liability or responsibility for any acts or omissions of Rewards Providers with respect to their use of any of your information or your interactions with them.

13. General Terms

• We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
• The Terms contain the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
• Any failure on Mr Reward’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Mr Reward.
• The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Mr Reward’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.