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.
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.
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.
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.
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:
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.
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:
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.
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 email@example.com
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.
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.
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.
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.
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.
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.