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Terms & Conditions
Last updated on: September 27th, 2011 |
| Introduction |
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Welcome to RewardingYourself's online shopping and loyalty program rewards community (the "RewardingYourself Site"). These TERMS OF USE list the terms and conditions of the agreement between you ("You") and RewardingYourself Inc. ("RewardingYourself" or "We" or "Us") for the searching of loyalty program rewards ("Rewards"), shopping for merchandise and all other services that We provide (the "Services") and related material, software, information, data and other content made available on the RewardingYourself Site ("Content") By using the RewardingYourself Site, or any of the Services available on the RewardingYourself Site, You agree, without limitation or qualification, to be bound by these TERMS OF USE and such other additional or alternative terms, conditions, rules and policies which are displayed or to which You may be directed in connection with use of the RewardingYourself Site or Services as may be modified by RewardingYourself from time to time in accordance with these TERMS OF USE. If You do not agree with these TERMS OF USE, You may not use the RewardingYourself Site or any of the Services. It is therefore important that You review these TERMS OF USE regularly to ensure You are updated as to any changes. Subject to these TERMS OF USE, You may use the RewardingYourself Site as a "Visitor" (which means You are just browsing the RewardingYourself Site and not participating in the Services) or a "Registered Member" (which means You have registered as a member of the RewardingYourself Site). Visitors may register their identifying information and become a Registered Member. As a Registered Member, You may have a personalized profile page consisting of content and services that You develop, manage and maintain and such other functionality made available to You on the RewardingYourself Site. |
| Who We are and what We do |
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RewardingYourself is a comparison shopping service. RewardingYourself is a web site and mobile application service that allows members to search loyalty program rewards ("Members") or search merchandise at retailers ("Retailers") or compare loyalty program rewards and similar retail merchandise. It is important to realize that We simply act as a facilitator to allow the search of loyalty program rewards and retailer merchandise as the Service is a comparison shopping service. The RewardingYourself Site acts as a venue to allow anyone to search loyalty program rewards and retail merchandise. We are not involved in the actual transaction between members or loyalty programs and/or retailers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of retailers to sell items or the ability of members to pay for items. |
| Information from loyalty and rewards program providers |
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Unless noted otherwise, any and all loyalty or rewards program providers are not affiliated with LoyaltyMatch Inc. and do not endorse the RewardingYourself Site or Services. You acknowledge and agree that RewardingYourself neither operates nor controls the products or services offered by third parties, loyalty or rewards program providers or promotional partners. Any and all trademarks, tradenames and brands are the property of their respective owners. While RewardingYourself tries to have the most complete and up to date information from the various loyalty or rewards programs indexed on this site, we cannot guarantee and are not responsible for the accuracy and timeliness of loyalty program information found on the RewardingYourself Site, including without limitation the terms and conditions of the programs and the respective rewards information. Certain loyalty or rewards program providers may have rules in place limiting or prohibiting certain activities in connection with their rewards programs, including without limitation the redemption of rewards points for rewards and the transfer of rewards points. ACCORDINGLY, REWARDINGYOURSELF CANNOT AND IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION ON THIS SITE. You represent, warrant and covenant to Us that You have read and do understand the terms and conditions of the rewards programs for which You are registered with and periodically will review those terms and conditions to ensure that You are in compliance with the most current loyalty or rewards program rules. |
| Information from retail providers |
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Unless noted otherwise, any and all retail providers are not affiliated with LoyaltyMatch Inc. and do not endorse the RewardingYourself Site or Services. You acknowledge and agree that RewardingYourself neither operates nor controls the products or services offered by third parties, retail providers or promotional partners. Any and all trademarks, tradenames and brands are the property of their respective owners. While RewardingYourself tries to have the most complete and up to date information from the various retailers indexed on this site, we cannot guarantee and are not responsible for the accuracy and timeliness of loyalty program information found on the RewardingYourself Site, including without limitation the terms and conditions of the programs and the respective rewards information. ACCORDINGLY, REWARDINGYOURSELF CANNOT AND IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION ON THIS SITE. You represent, warrant and covenant to Us that You have read and do understand the terms and conditions of the rewards programs for which You are registered with and periodically will review those terms and conditions to ensure that You are in compliance with the most current loyalty or rewards program rules. |
| Eligibility |
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Use of the Services is void where prohibited. The RewardingYourself Site is not available to persons under the age of 18 or to any previously Registered Members suspended or removed from the service by RewardingYourself for any reason. It is a condition of Your use of this RewardingYourself Site that all the information You provide on this RewardingYourself Site will always be correct, current, and complete. By using the Services, You represent, warrant and covenant to Us that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 18 years of age or older; and (d) Your use of the Services does not violate any applicable law or regulation. |
| Registration, Accounts and Passwords |
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We will not accept any request from You to sell, trade or buy loyalty program rewards before You have registered with Us. To register, You must provide Your real name, address, phone number, and email address. You will need a member name and password to access the RewardingYourself Site and use the Services (collectively, the "Account"). You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other Account identifiers which You choose or are assigned as a result of any registration or subscription on the RewardingYourself Site, and (b) all activities that occur, including transaction effected, under Your Account. Further, You agree to notify RewardingYourself of any unauthorized use of Your Account. RewardingYourself will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, Your failure to comply with this Section. Your profile You may have as a Registered User may be deleted and Your membership may be terminated without warning. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if We believe that You are under 18 years of age, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). |
| Fees Policy |
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Registering with, and searching for items on the Service is free. |
| Privacy |
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RewardingYourself's policies and procedures with respect to its collection and use of Your personally identifiable information are governed by our Privacy Policy. To view the RewardingYourself Privacy Policy, please visit privacy policy. RewardingYourself's privacy policy is certified by the TRUSTe Privacy Organization www.truste.org and gives You choice and consent over how Your information is used and shared. The certification confirms that RewardingYourself will adhere to TRUSTe's strict privacy principles, and comply with the TRUSTe Watchdog dispute resolution process |
| How the Service works |
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Our system offers members a process to search rewards from loyalty programs, search for items available at retailers, compare rewards from loyalty programs with the same or similar items available at retailers and shop at loyalty programs or retailers. |
| Dealings With Third Parties |
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You acknowledge and agree that Your correspondence or business dealings with any third parties, including any person or advertisers, found on, or through, the RewardingYourself Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between You and such third parties. The RewardingYourself Group assumes no responsibility whatsoever for any charges You or any user of Your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be Yours alone. You agree that the RewardingYourself Group will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. |
| Member Disputes |
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RewardingYourself reserves the right, but has no obligation, to monitor and moderate disputes between You and other Visitors or Registered Users. You agree to cooperate with RewardingYourself should RewardingYourself notify You that it has elected to exercise its right to monitor or moderate a dispute |
| User Conduct |
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You acknowledge that RewardingYourself may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. You may not, in connection with the RewardingYourself Site or Services:
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| Comments and Reviews |
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You may not take any actions which may undermine the integrity of the comments and reviews system. We may limit the number of comments that You may place on the Service based upon the level of your comments and/or reviews. Your membership will be automatically suspended, should You undermine the integrity of the comments and reviews system. You agree that You shall not market or export Your RewardingYourself comments or reviews in any venue other than the RewardingYourself Site. We do not provide the technical ability to allow You to import feedback from other websites to the RewardingYourself Site. |
| Content Submissions |
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We refer to any information You provide to RewardingYourself or other users in the registration, listing or offering process, in any public message area (including the feedback area) or make available through any email, feedback or other communication feature and including without limitation the ideas, suggestions, opinions, comments, observations, recommendations about any issue (including about the quality, appropriateness of any use, price, description or other information about any user or good, which includes any materials or content, and service), and including all user feedback, text, data, photographs, video, music, sound, chat, messages, blogs, social media, files and any other material provided to us by RewardingYourself Visitors and Registered Members as "User Content". You are solely responsible for User Content, and We act as a passive conduit for your online distribution and publication of User Content. The interactive nature of the Website makes it impossible for us to assume responsibility for any of the User Content that may be accessible to Visitors or Registered Members, or otherwise may be publicly displayed or copied. Similarly, no Content is endorsed by RewardingYourself, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content. ALL USER CONTENT POSTED TO THE WEBSITE IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINALLY POSTED THE USER CONTENT, AND YOUR SOLE RECOURSE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF USER CONTENT SHALL BE TO SUCH PERSON. YOU ACKNOWLEDGE THAT REWARDINGYOURSELF MAY OR MAY NOT PRE-SCREEN USER CONTENT, BUT THAT REWARDINGYOURSELF AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO PRE-SCREEN, REFUSE, MOVE OR REMOVE ANY USER CONTENT FROM THE WEBSITE, WITH OR WITHOUT NOTICE. RewardingYourself requires certain rights to User Content to operate the Website. You hereby grant to RewardingYourself the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display all User Content solely on and through the Website and other RewardingYourself-branded products and services and to advertise, promote, market, demonstrate, or provide instructional materials and services using commercially reasonable portions of the User Content in any form, media or technology now known or later developed. RewardingYourself will not be required to treat any User Content as confidential, and may use any User Content in its business in a manner consistent with the foregoing license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future RewardingYourself operations. RewardingYourself hopes to consistently improve and add to the Website and business. If the foregoing license is determined by RewardingYourself to be inadequate to appropriately provide such improvements or additions, RewardingYourself will amend these Terms of Use to grant RewardingYourself such additional license rights to User Content, provided that such terms will only apply to User Content submitted by You prior to the amendment, if You do not remove the User Content within thirty (30) days after the amendment is first published on the Website. You represent and warrant that to us: (i) You own the User Content posted by You on or through the Website or You otherwise have the right to grant the license set forth in this section, (ii) the "posting" (that is, the displaying, publishing or transmitting (such as by email or otherwise) of Your User Content on or through the Website does not violate any law or regulation; and (iii) the posting of Your User Content on or through the Website does not violate the privacy rights, publicity rights, patents, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by You to or through the Website. You may not infringe upon the User Content of others. Which means You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the third party's User Content REWARDINGYOURSELF AND/OR ITS AFFILIATES AND LICENSORS CANNOT BE RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY INFORMATION, AND WILL NOT BE RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BASED ON SUCH INFORMATION. Please note that RewardingYourself reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these TERMS OF USE. |
| Use of Services |
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You may not use this Website for any other purpose without RewardingYourself's express prior written consent. For example, You may not (and may not authorize any other party to) (i) co-brand the RewardingYourself Site, or (ii) frame the RewardingYourself Site, or (iii) hyper-link to the RewardingYourself Site in a manner inconsistent with these TERMS OF USE or in an inappropriate manner as determined by RewardingYourself in its sole discretion, without the express prior written permission of an authorized representative of RewardingYourself. |
| Release |
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Because we are a venue, in the event that You have a dispute with one or more users or retailers, You release RewardingYourself (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are not involved in the actual transactions between Members and Retailers. If You have a dispute with one or more members or retailers, You release RewardingYourself and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. |
| Monitoring |
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You acknowledge that RewardingYourself has no obligation to monitor the RewardingYourself Site or any content accessible through the RewardingYourself Site or any of the Services. However, You agree that RewardingYourself has the right to monitor the RewardingYourself Site electronically from time to time and to disclose any information, including Your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the RewardingYourself Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy. |
| Disclaimer |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDINGYOURSELF SITE AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF REWARDINGYOURSELF, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "REWARDINGYOURSELF GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDINGYOURSELF GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A REWARDINGYOURSELF SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A REWARDINGYOURSELF SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. |
| Limitation of Liability |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT REWARDINGYOURSELF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REWARDINGYOURSELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY USER CONTENT, REWARDINGYOURSELF CONTENT OR OTHER MATTER RELATING TO THE WEBSITE OR REWARDINGYOURSELF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. |
| Disclaimer Regarding Third-Party and Search Content |
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Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through the RewardingYourself Site's search services are protected by copyright and/or other intellectual property laws. RewardingYourself does not have the right to authorize You to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the RewardingYourself Site, all of the Multimedia Content contained on such sites is owned and served by entities other than RewardingYourself. RewardingYourself provides You with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If You intend to make use of any Multimedia Content accessed through the RewardingYourself Site's search services for commercial or noncommercial purposes, we strongly suggest that You contact the server and/or owner of the Multimedia Content for permission to use such Content. |
| Indemnity |
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You will indemnify and hold RewardingYourself, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these TERMS OF USE by You, including any use of User Content other than as expressly authorized in these TERMS OF USE. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and legal fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this Website. You agree to indemnify and hold the Indemnified Parties harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content You submit, post, transmit, or otherwise make available through the Website, Your use of the Website, Your connection to the Website, Your violation of the TERMS OF USE, or Your violation of any rights of another. You agree that RewardingYourself is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on Your behalf. You shall indemnify and hold RewardingYourself and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable legal fees) incurred by RewardingYourself that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, provincial, state, municipal or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of RewardingYourself. |
| Termination |
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In consideration of the availability, and Your use, of the RewardingYourself Site or any of the Services, You agree to comply with all applicable laws and these TERMS OF USE when using such RewardingYourself Site or Service. RewardingYourself reserves the right, in its sole discretion, to terminate a Registered Member's account, investigate and take appropriate legal action, and delete any or all of Your User Content. You acknowledge and agree that RewardingYourself may restrict, suspend or terminate Your access to, and use of, all or any part of the Services or any links to third party websites, at any time, with or without cause, including, without limitation, any breach of the terms and conditions of these TERMS OF USE, in RewardingYourself's absolute discretion and without prior notice or liability. |
| Security |
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You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, RewardingYourself reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. RewardingYourself reserves the right to investigate suspected violations of these TERMS OF USE. RewardingYourself reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RewardingYourself to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other User Content that are believed or alleged (reasonably or not) to violate these TERMS OF USE or any law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RewardingYourself FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RewardingYourself DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RewardingYourself OR LAW ENFORCEMENT AUTHORITIES. |
| Modifications |
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RewardingYourself reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Services (or any party thereof including without limitation the RewardingYourself Site or any part thereof) with or without notice. RewardingYourself shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Service. RewardingYourself may establish general practices and limits concerning use of the Website. You agree that RewardingYourself has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by You or otherwise, maintained or transmitted by RewardingYourself. Such loss may be without notice to You; consequently, You should always maintain Your own copy of Your User Content. |
| Copyright or Trademark Infringement |
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If You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement, provide RewardingYourself with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Website; (iv) Your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Contact RewardingYourself for notice of claims of copyright infringement can be reached as follows:
LoyaltyMatch Inc. Legal Department |
| Linked Sites |
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Please exercise discretion while browsing the Internet. Please note that certain links on the RewardingYourself Site may take You to other websites. Links to other websites or other resources which are not created or controlled by RewardingYourself ("Linked Sites") are intended for convenience only. RewardingYourself does not endorse or accept responsibility for any such Linked Site or resource You may access through the Website. Linked Sites are wholly independent from RewardingYourself therefore RewardingYourself has no control over any products, services, materials, or other information contained in or available through these third-party websites. The quality and dependability of these third-party websites may vary as they are updated or altered. Therefore, access to any third-party websites through the RewardingYourself Site, regardless of whether the third-party site is a Linked Site or not, is entirely at Your own risk. |
| Governing Law |
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This Agreement shall be governed by and interpreted in accordance with the laws of the province of Ontario, Canada, without regard to its provisions governing conflicts of law. |
| Arbitration |
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Except for allegations that You have infringed or have threatened to infringe our intellectual property rights, You and We agree that except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, Your use of the RewardingYourself Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Kitchener, Ontario in English and governed by Ontario law pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, You agree to waive any right You may have to commence or participate in any class action against us related to any Claim and, where applicable, You also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. If RewardingYourself does take any legal action against You as a result of Your violation of these Terms of Use, RewardingYourself will be entitled to recover from You, and You agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to RewardingYourself. |
| Submission Of Ideas Or Suggestions |
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RewardingYourself is always improving the RewardingYourself site and services and developing new features. If You have ideas or suggestions regarding improvements or additions, RewardingYourself would like to hear them - but any submission will be subject to these TERMS OF USE. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO REWARDINGYOURSELF AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO REWARDINGYOURSELF AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO REWARDINGYOURSELF AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT REWARDINGYOURSELF AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY REWARDINGYOURSELF AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. |
| Notice |
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RewardingYourself may provide You with notices, including those regarding changes to the TERMS OF USE, and Privacy Policy, by email, regular mail, posting new versions of the TERMS OF USE, Privacy Policy or other postings on the applicable RewardingYourself SITE. Except as expressly stated otherwise, all notices to RewardingYourself shall be sent to the email addresses provided on the RewardingYourself Site (e.g. customerservice@RewardingYourself.com). Our mailing address is Suite 113, 151 Charles Street West, Kitchener, ON, N2G 1H6. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent. |
| No Relationship |
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You and RewardingYourself are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement |
| General Provisions |
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These TERMS OF USE constitutes the entire agreement between You and RewardingYourself regarding the use of the Services. The failure of RewardingYourself to exercise or enforce any right or provision of the TERMS OF USE shall not operate as a waiver of such right or provision. The section titles in the TERMS OF USE are for convenience only and have no legal or contractual effect. RewardingYourself is a service mark of RewardingYourself Inc. The TERMS OF USE operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from the TERMS and does not affect the validity and enforceability of any remaining provisions. |