Rewards21 Terms and Conditions

Welcome, and thank you for your interest in our web site located at www.Rewards21.com (the “Rewards21 Site”), provided to you by Rewards21, Inc.(“Rewards21”). We are pleased to offer you access to the Rewards21 Site and the features and services offered by Rewards21 through the Rewards21 Site (the “Rewards21 Service”) conditioned on your acceptance without modification of the following Terms of Use (the “Terms”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND REWARDS21. BY ACCESSING AND BROWSING THE REWARDS21 SITE AND/OR OTHERWISE USING THE REWARDS21 SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE PRIVACY POLICY AND OTHER GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE REWARDS21 SITE OR THE REWARDS21 SERVICE.

Access to the Rewards21 Service from territories where it is illegal is prohibited. The Rewards21 Service is designed for users in the United States. Those who choose to access the Rewards21 Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.

1. Eligibility; Password; Rewards21 Service Access.

THE REWARDS21 SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE REWARDS21 SERVICE. BY USING THE REWARDS21 SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE REWARDS21 SERVICE.

SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Rewards21 grants you permission to access and use the Rewards21 Service solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the Rewards21 Service.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use. You must notify Rewards21 immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other Registered Users.

2. Rewards Program and Offers

The Rewards Program allows consumers to earn “Rewards” and receive “Offers” in connection with subscribing to the Service, taking certain qualified actions and / or using their payment accounts (such as credit card or debit card accounts etc.) (“Card Account”) to make purchases from merchants who participate in the Rewards21 network (“Participating Merchants”). User will only receive applicable Offers and Rewards to the extent certain qualifying conditions are satisfied, such as a User has reached a certain level of spend with a Participating Merchant, or transacted at the Participating Merchant on a certain day of the week as required by the Participating Merchant offer.

Each Offer is made by the applicable Participating Merchant – not Rewards21. User acknowledges and agrees that Rewards21 is not responsible for fulfilling or otherwise honoring any Offer. Offers may be subject to additional terms of conditions provided by either the applicable Participating Merchant or Rewards21.

Rewards earned by consumers will be provided by Participating Merchants and/or Rewards21 may include a variety of benefits such as points redeemable for goods or services, cash credits or discounts, eligibility to receive prizes or awards or other benefits. Rewards and Offers may be subject to terms and conditions, spend amount or frequency conditions, day of week conditions, or expiration dates, unless prohibited by applicable law. Rewards21 reserves the right to (i) change the type of Offers and Rewards that it provides to User or the features or functionality of the Site at any time (with or without notice), (ii) calculate rewards in any manner it deems appropriate (including, for example, what monetary conversion rate(s) to use), and (iii) limit the type and/or amount of the Rewards available to User. In general, Rewards or Offers may not be earned or redeemed for qualifying purchases at a Participating Merchant when using other coupons or discount cards or in combination with other offers, promotions or discount programs. All account inquiries or disputes related to any Reward must be received by us within ninety (90) days of the qualifying purchase or User will forfeit his/her rights to that Offer or Reward. User is responsible for any tax and other governmental assessment in connection with User’s receipt of his/her Rewards or Offers. Rewards21 may report Rewards or Offers provided to you to relevant tax/governmental authorities.

Offers are redeemable for goods, services or experiences offered by, or facilitated through, the Participating Merchant identified on the Offer. The Participating Merchant is solely responsible for redeeming the Offer. Furthermore, the Participating Merchant is fully and solely responsible for the care and quality of all goods, you services it provides to you and for any and all injuries, illnesses, losses, , claims, liabilities, costs and damages of any kind to persons, including death, or property (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use of or inability to use the Rewards21 Service or the Site or the use, misuse or redemption of an Offer or a Reward not. You waive and release Rewards21 and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Participating Merchant in connection with your use of an Offer or Reward or the goods, services or experiences a Participating Merchant provides in connection with the Offer or Reward.

By purchasing, accepting, using or attempting to use any Offer or Reward, you agree specifically to the terms on the Offer or Reward and any additional deal-specific terms advertised in connection with and on the Offer or Reward at the time of purchase and these Terms. Except as otherwise required by law, these rules apply to all Offers and Rewards that we make available and. In the event of a conflict between the Terms and the terms of a Reward or an Offer, the terms of the Reward or Offer will control. Any attempt to redeem an Offer in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Offer void.

The Participating Merchant is the sole issuer of the Offer. Unauthorized or unlawful reproduction, resale, modification or trade of Offers is prohibited. Pricing relating to certain Participating Merchant Offerings and Products on the Site may change at any time in Rewards21’s discretion, without notice.

An Offer has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $9 for an Offer that entitles you to $21 of goods, services or experiences from a Participating Merchant, the amount paid is $9 (this amount does not expire until it is used or is refunded) and the promotional value is $12 (this amount expires on the date stated on the Offer unless expiration of the promotional value is prohibited by law). The Participating Merchant is responsible for permitting you to redeem the Offer for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of an Offer may not be combined with other offers, promotions or discount programs and no portion of its value is intended to cover tax or gratuity. Offers are not reloadable, meaning that the amount paid of the Offer cannot be increased, but are fully transferrable.

Coupons

Coupons are offered by Participating Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to additional terms and conditions as specified by the Participating Merchant, and Coupons may have expiration dates. Coupons are void where prohibited, taxed or restricted. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Participating Merchant. You are responsible for any sales tax associated with purchases made using the Coupon. Any service fee retained by Rewards21 from the sale of a Coupon, if applicable, is compensation to Rewards21 for marketing, promoting, advertising and distributing the Coupons on behalf of the Participating Merchant. As the issuer of the Coupon, the Participating Merchant shall be fully responsible for any and all Liabilities relating to or arising out of the Coupon or, caused in whole or in part by the Participating Merchant, including, without limitation, any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Rewards21 does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Rewards21 is not a party to any transaction that the Participating Merchant and you may enter into as a result of you purchasing any Coupon. Coupons may not be sold, reproduced, transferred or altered in any way.

Coupons

Merchant Gift Cards are offered by Participating Merchants to consumers subject to the terms and conditions specified by the Participating Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Participating Merchant. Any service fee retained by Rewards21 from the sale of a Merchant Gift Card is compensation to Rewards21 for marketing, promoting, advertising and distributing the Merchant Gift Cards on behalf of the Participating Merchant. As the issuer of the Merchant Gift Card, the Participating Merchant shall be fully responsible for any and all Liabilities relating to or arising out of the Merchant Gift Card or, caused in whole or in part by the Participating Merchant, including, without limitation, any Liabilities arising from any regulatory action. Rewards21 does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Rewards21 is not a party to any transaction that the Participating Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.

Pricing and Availability

Rewards21 does not guarantee availability of any Offer on our Website, and reserves the right to modify or discontinue any Offer at any time, or to add fees at any time. All Offers are subject to change, and the pricing of Offers may vary. Rewards21 reserves the right to cancel any order due to an error. Participation of affiliated restaurants may also vary. Limited quantities of certain Offers may be available and any offers are good only while supplies on the Website, or any affiliate website, last.

Rewards21 Promotional Codes (referred to as “Promo Codes”)

If you obtain a Promo Code that can be used to reduce the purchase price of a Rewards21 Offer, the additional following terms apply:

  • Promo Codes are based off the value as stated on the Offer or off the retail price of an Offer as such price is posted on the Site at the time of purchase.
  • Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions, discount programs or offers.
  • We reserve the right to restrict the application of Promo Codes at any time without notice, e.g. a Promo Code may not apply to all Participating Merchants, denominations, geography, etc.
  • Promo Codes may or may not be applied automatically. You are fully responsible to review your order prior to submission to ensure that the order incorporates the Promo Code.

Terms and Conditions for All Offers and Rewards

The following provisions apply to all Offers. Additional Terms and Conditions apply to each as stated herein.

  • Offers and Rewards (i) have no cash value, (ii) are not redeemable for cash, unless required by law, (iii) cannot be returned for a refund, (iv) may not be applied to previously placed orders, (v) cannot be combined with other promotions, discount programs or offers.
  • We do not guarantee delivery times of Offers.
  • The Participating Merchant is solely responsible for the sale and shipment of goods, including, without limitation, alcoholic beverages.
  • Any delivery times given are estimates only.
  • The Participating Merchant (and not Rewards21) is the issuer of Offers and Rewards and is responsible for redeeming the Offers and Rewards The Merchant (and not Rewards21) is fully responsible for all goods and services it provides to you (including, but not limited to, complying with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Offers) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Offer.
  • By purchasing an Offer and earning a Reward, you acquire the right to use it according to these Terms and such additional terms and conditions as specified by the Participating Merchant. Your acquisition of the right to use the Offer completes Rewards21’s fulfillment of the purchase. While we hope you redeem the Offer, whether you choose to do so is within your sole control and discretion.
  • Offers that are sold are done so below their face value. The redemption of such Offers requires additional consideration paid to the Merchant Offers have no value without additional consideration.
  • Reward amount is calculated based on bill subtotal (before tax and tip)

Rewards21 Points

From time to time, Rewards21 may offer you the opportunity to earn points by completing or participating in certain activities on the Site and potentially exchange the points for certain Rewards a type of loyalty program. There may be more than one type of program, or none at all, at any given time. Any such points and rewards will be subject to specified expiration and other terms and conditions posted on the Site, and will further be subject to cancellation by Rewards21 at any time, in its sole discretion. Points are not your property. You cannot transfer points to any other person or program account. Additionally, points cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce. Accumulating points will only grant you the potential opportunity to exchange the points for specified rewards subject to terms that may change from time to time and without notice. Neither points nor any of the rewards are redeemable for cash, and they are not a form of stored value. Points and rewards: (i) are not your property, and you have no right or interest in them; and (ii) have no cash or property value. Your points and rewards are offered exclusively to you and may not be shared, sold, transferred, or assigned to any other person or entity. Notwithstanding the forgoing, when a reward has been redeemed for a third party product or service, that product or service is yours subject to any applicable third party’s terms and conditions. Rewards21 may prohibit your participation in its points programs for any reason in its sole discretion.

3. Registration

In order to use the Rewards21 Service, you will need to register for an account (such users referred to herein as “Registered Users”). You agree that the information you provide to Rewards21 on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times.

4. Compliance with Law.

Intellectual property laws of all jurisdictions prohibit the reproduction and distribution of protected works without authorization. You are responsible for determining what laws apply to your use of the Rewards21 Service, and for applying the laws in the relevant jurisdiction when using Rewards21 Service. You may not use Rewards21 Service in violation of these or any other laws.

5. Guidelines

When using the Rewards21 Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted on the Site from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

6. User Submissions

  • General. The Rewards21 Service may include certain features enabling users submit input in connection with their use of the Rewards21 Service (“User Submissions”), and provides for the aggregation, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Rewards21, are entirely responsible for all User Submissions that you make available through the Rewards21 Service.
  • No Obligation to Publish. Rewards21 makes no representations that it will publish or make available on the Rewards21 Service any User Submissions (or that if made available on the Rewards21 Service, that any User Submission will remain available on the Rewards21 Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Rewards21 Service. Without limiting the generality of the preceding sentence, Rewards21 complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if Rewards21 becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation.
  • License Grant by You to Rewards21. By submitting User Submissions to Rewards21, you hereby grant Rewards21 and its affiliates, agents, employees, licensees, designees, assigns and successors, and other users of the Rewards21 Service (the “Rewards21 Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, copy, distribute, transmit, publicly display, modify, publicly perform, prepare derivative works of, cache, store, display, edit, print and otherwise exploit your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the Rewards21 Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your User Submissions.

User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Rewards21 to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) Rewards21’s use of such User Submissions, and Rewards21’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or, post, email, or otherwise make available User Submissions (a) that are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b)that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or (c) that constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement..

7. Modification of the Terms

From time to time, Rewards21 may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Rewards21 Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Rewards21 Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Rewards21 Service, except that (i) disputes between you and Rewards21 will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Rewards21 Service. Your continued use of the Rewards21 Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

8. Prohibited Uses.

  • You may not use the Rewards21 Service in any manner that in Rewards21’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Rewards21 Service. You may not attempt to gain unauthorized access to the Rewards21 Service, or any part of it, other accounts, computer systems or networks connected to the Rewards21 Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Rewards21 Service or any activities conducted on the Rewards21 Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Rewards21 Service. You may not modify the Rewards21 Service in any manner or form, nor use modified versions of the Rewards21 Service.
  • The Rewards21 Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated or mechanical means to access the Rewards21 Service for any purpose (except for the sole purpose of crawling the Rewards21 Service in connection with legitimate indexing services of commercially available general purpose search engines) without Rewards21’s express written permission, or bypass Rewards21’s robot exclusion files or other measures we may use to prevent or restrict access to the Rewards21 Service.
  • You shall not do or attempt to do any of the following:

  • Access or attempt to access content or features of the Rewards21 Service for which you have not registered;
  • Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Rewards21 Service, or any of the permissions granted herein. Use the Rewards21 Service on behalf of any third party, or in connection with any type of “service bureau” activity;
  • Impersonate another person or entity, or access another user’s account without that user’s permission;
  • Share Rewards21 Service passwords with any third party or encourage any other user to do so;
  • Use the Rewards21 Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.

9. Feedback

You may provide Rewards21 with , feedback, questions, comments, suggestions, ideas, or other information regarding the features and performance of the Rewards21 Service, the Site, Rewards or Offers, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (collectively, the “Feedback”). You acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. You hereby grant Rewards21 a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.

10. Ownership; Proprietary Rights.

The Rewards21 Service is owned and operated by Rewards21. The visual interfaces, graphics, design, content, interactive features, compilation, information, computer code, API’s, products, software, services, Rewards21 name and logos and all other elements of the Site and other aspects of the Rewards21 Service provided by Rewards21 (“Materials”) constitute the proprietary and valuable property of Rewards21 and are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to Rewards21 or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Rewards21 or its affiliates, except that trademarks, service marks and trade names relating to Third Party Materials (as defined below) are property of their respective owners. Except as expressly authorized by Rewards21, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Any use of the Site or the Rewards21 Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Rewards21.

11. Payment Card Encryption; Processing and Use of Transaction Information. (8/2015)

In order to deliver to you the Rewards21 Service and to provide you with certain discounts, promotions and benefits, it is necessary for Rewards21 to share your payment information with certain third parties, such as with certain third party service providers, payment card networks, Participating Merchants and payment processors. You authorize Rewards21 or such third party service providers retained by Rewards21 to capture and encrypt your credit or debit card (“payment card”) number and use your encrypted payment card number to track and view transactions you’ve made with Rewards21’s Participating Merchants. You agree that Rewards21 may view your future transactions, as well as up to eighteen months of historical transactions, made by you with Participating Merchants. In this connection, you authorize the sharing, exchange and processing of your transaction history by and among Rewards21, Rewards21’s third party service providers, payment card networks, Participating Merchants and the payment processor for your transactions as described in the Rewards21 Privacy Policy.

Special Notes for Visa, MasterCard and American Express Cardholders:

  • By registering your Visa, MasterCard and American Express card to your Rewards21 Service account, you agree that Visa, MasterCard and American Express may provide transaction information as described in these Terms and the Rewards21 privacy policy. Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa, MasterCard and American Express cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa, MasterCard and American Express cards) or insurance prepaid cards, Visa, MasterCard and American Express Buxx, and Visa, MasterCard and American Express-branded cards whose transactions are not processed through the Visa, MasterCard and American Express U.S.A. payment system are not eligible to participate.
  • Not all transactions made with your registered Visa, MasterCard and American Express payment card can be monitored by Visa, MasterCard and American Express for purposes of the Rewards21 program. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion. You acknowledge that Visa, MasterCard and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard and American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard and American Express card as a funding source but you do not present your card directly to the Participating Merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa, MasterCard and American Express U.S.A. Inc. payment system, and that these transactions are not eligible.

12. Third Party Sites, Products and Services; Links.

The Rewards21 Service includes links or content relating to third party web sites, products or services, solely as a convenience to users (“Third Party Materials”). Rewards21 does not endorse any such Third Party Materials or the information, material, products or services referenced in the Third Party Materials. Furthermore, Rewards21 makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Third Party Materials. YOUR USE OF THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES REFERENCED IN THE THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Rewards21 Service is solely between you and such third party. YOU AGREE THAT Rewards21 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE REWARDS21 SERVICE.

13. Disputes with Third Parties

If you have a dispute with another user of the Rewards21 Service, or the provider of any linked third party site, or any other third party arising in connection with your use of the Rewards21 Service or with any Participating Merchant, you release us (and Rewards21’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14. Notice

Except as explicitly stated otherwise, legal notices will be served on Rewards21 at 311 South Wacker Drive, Suite 3000, Chicago, IL 60606. Legal notices will be served on you at either the email or physical address you provide to Rewards21 during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

15. Termination

  • By Rewards21. You agree that Rewards21, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Rewards21 or use of the Rewards21 Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Without limiting the generality of the foregoing, Rewards21 may immediately terminate a user’s account or access to the Site or the Rewards21 Service if Rewards21 determines you violated these Terms or Rewards21’s Privacy Policy. Rewards21 may also in its sole discretion and at any time discontinue providing access to the Rewards21 Service, or any part thereof, with or without notice. You agree that any termination of your access to the Rewards21 Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Rewards21 will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Rewards21 Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Rewards21 may have at law or in equity.
  • By You. You may terminate your account, this Agreement and your right to use the Rewards21 Service at any time and for any reason or no reason, by contacting Rewards21 customer support at admin@Rewards21.com, and immediately discontinuing all use of the Rewards21 Service.
  • Effect of Termination. Upon any termination of your account, any cash back rewards earned by you through the use of the Rewards21 Service will be delivered via the payment method designated by you upon sign-up in accordance with Rewards21’s regular payment cycle.
  • Survival. Sections 4, 6, 7, 10, 11, 12, and 14 through 19 and 21 will survive any termination of these Terms.

16. Disclaimers; No Warranties.

THE SITE, THE REWARDS21 SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE REWARDS21 SERVICE OR THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REWARDS21 AND ITS AFFILIATES, LICENSORS, PARTICIPATING MERCHANTS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. REWARDS21 DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE REWARDS21 SERVICE, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANY THIRD PARTY’S EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE REWARDS21 SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

17. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL REWARDS21 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PARTICIPATING MERCHANTS OR THIRD PARTY SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE REWARDS21 SERVICE, EVEN IF REWARDS21 OR A REWARDS21 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL REWARDS21’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE REWARDS21 SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE REWARDS21 SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold Rewards21, its affiliates, contractors, employees, agents and its affiliates, suppliers (including payment card networks and payment processors), licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Rewards21 Service or the Site, your User Submissions, your violation of these Terms, any third party right, including without limitation any intellectual property rights or privacy right, or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Rewards21 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rewards21, and you agree to cooperate with Rewards21’s defense of these claims. Rewards21 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

19. Digital Millennium Copyright Act Compliance.

Rewards21 respects the intellectual property rights of others and does not permit copyright infringing activities on the Rewards21 Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Rewards21 Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Rewards21’s Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Rewards21 Service are covered by a single notification, a representative list of such works at the Rewards21 Service;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rewards21 to locate the material;
  • Information reasonably sufficient to permit Rewards21 to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • The Rewards21 Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Rewards21, Inc. , 9645 Scranton Rd. Ste. 110 San Diego, CA 92121, or by email at copyright@Rewards21.com. For clarity, only DMCA notices should go to the Rewards21.com Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Rewards21 customer service through info@Rewards21.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Miscellaneous

These Terms shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Any and all disputes, claims and causes of action arising out of or connected with the Rewards21 Service, the Site or any Offers or Rewards shall be resolved individually, without resort to any form of class action. You agree that any claim or dispute you may have against Rewards21 must be brought exclusively in the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois, Eastern Division, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.. YOU AND Rewards21 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. All parties agree to Arbitration as the sole forum for resolution of any disputes and agree to Arbitration in Chicago, Illinois. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Rewards21 without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms (including the Privacy Policy, and any and all Guidelines) is the entire agreement between you and Rewards21 relating to the subject matter herein. Failure by Rewards21 at any time to require performance of any provision of these Terms shall be not be deemed a waiver of or consent to any such failure or breach and will in no manner affect Rewards21’s right to enforce the same at a later time.

The services hereunder are offered by Rewards21, Inc., located at 915 Kingsley Drive, Arlington Heights, IL 60004; Rewards21 may be contacted by email at admin@Rewards21.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Effective 8/24/15