Reward Sciences Rewards Program End User License Agreement

Last Updated: 22 August, 2016

General. This Rewards Program End User License Agreement (this “Agreement”) governs your use of the Reward Sciences ("RS," "we," "us," or "our") web site at www.rewardsciences.com, including without limitation its text, graphics, interfaces, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, and other components (collectively, the “Site”) and the rewards program accessible through the Site (the "Program"). The Program is designed to enable businesses (each, a "Participating Company") to grow and engage with their consumers and employees ("you" or "your") by using performance and purchasing incentives in the form of virtual currency ("Points") that can redeemed for products and services as RS identifies and makes available via the Program from time to time (“Benefit”, "Benefits"). As a condition of your use of the Site, you must be an individual person who is at least 18 years of age and possesses the authority to create a binding legal obligation; if you are not at least 18 years of age you must be at least 13 years of age and have consent from a parent or legal guardian to access the Site. If you are under the age of 18, please do not send any personal information to us unless your parent or legal guardian has read this Agreement and consented to your sharing information with us. It is your responsibility to read and understand this Agreement as it may change from time to time. You accept this Agreement by using the Site.
License. Provided you comply with this Agreement, we hereby grant you a limited, revocable, nonexclusive, nonsublicensable, and nontransferable license to use the Site solely in connection with your participation in the Program and for no other purpose.
Collected Information; Privacy Policy. The information you provide in the course of using the Site or engaging with the Program (“Collected Information”) is exclusively the property of RS. RS may collect, store, and use, and direct third parties to collect, store, and use Collected Information. We may associate your personally identifiable information with other Collected Information in order to improve the Site and the Program. Collected Information will be handled according to our Privacy Policy, which is located at www.rewardsciences.com/privacy_policy and incorporated into this Agreement by reference.
Changes to this Agreement. This Agreement may be modified only in writing by RS. We may, in our sole discretion, change this Agreement and the Privacy Policy at any time without notice to you. YOUR CONTINUED USE OF THE SITE AND THE PROGRAM AFTER WE CHANGE THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP AND YOUR POINTS WILL BE FORFEITED.
Changes to Program; Termination of Program; Expiration of Points. RS may, in its sole discretion, change the Program and any aspect of the Program at any time without notice to you. This includes, without limitation, changing the rules, conditions, Benefits, earning ability, Point redemption, Benefit transferability, and awards, as well as canceling Points and Benefits. RS may, in its sole discretion, designate a Program termination date. RS has the right to end the Program by providing 90 days' prior written notice to then-active members. All Points and Benefits will be forfeited 90 days after the notification. RS also has the right to cancel your Points if your account is inactive for 12 or more consecutive months; canceled points cannot be recovered. For purposes of this Section, “inactive” means that no Points have been added or redeemed.
Ownership of the Site, the Program, and Feedback. The Site and the Program are exclusively the property of RS and, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, display, duplicate, sell, publish, post, license, otherwise distribute, or create derivative works of the Site, the Program, or any part of the Site or the Program. RS welcomes comments regarding the Site and the Program. All comments, feedback, notes, messages, ideas, suggestions, and other communications you send to RS are exclusively the property of RS.
Program Eligibility. In order to enroll in the Program you must: (i) be a legal resident of one of the fifty United States or the District of Columbia; (ii) be at least 18 years of age or the age of majority in your state of residence, whichever is older; and (iii) have online access and a valid email address. Each individual is only eligible to have one Program membership for each Participating Company. Memberships cannot be shared or combined by more than one person. Corporations, other entities, associations, and groups cannot enroll in Program. Program membership, Points, and the redemption of Points for Benefits are void where prohibited by law and are subject to applicable laws and regulations.
Program Enrollment. To enroll in the Program you must complete all required fields, including your full name, address, city, state, zip code, email address, and phone number. Enrollment may take up to 3 business days. No retroactive Points or Benefits will be provided.
Termination of Membership. We may discontinue your Program membership without notice if you breach this Agreement, use the Site in a manner inconsistent with how it is designed to be used, breach the Site's security or otherwise access the Site in an unauthorized way, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Such discontinued membership will result in the immediate loss of all accumulated Points and Benefits and your account will be terminated. We also reserve the right to deny future membership.
Benefits. Each Participating Company reserves the right to establish eligibility criteria for the issuance of Points by that Participating Company. Every time you redeem Points through the Program you enter into an agreement with RS and, as applicable, the Benefit provider. RS reserves the right to establish eligibility criteria for redemption of Points for Benefits. Point redemption options, offers, pricing, and Benefits are subject to change at RS' sole discretion. Benefit prices do not necessarily reflect the monetary value of the Benefit. Benefits may be governed by terms of the Benefit provider. You are bound by such terms, including without limitation rules and restrictions on availability and eligibility, shipment and delivery terms, defect notification, return and refund policies, money-back guarantees, and damage claims. It is your responsibility to adhere to Benefit provider terms and to be aware of any special circumstances that apply prior to redeeming your Points for the Benefit. If the Benefit provider deems you ineligible or unavailable for any particular Benefit, your Points will not be refunded. Points cannot be converted into cash, not even in case of return of the Benefit or the termination of your Program membership.
Point Redemption. RS shall provide Benefits to you in exchange for Points redeemed in accordance with the terms of this Agreement. You may redeem Points for Benefits on the Site by purchasing Benefits with Points and bidding for Benefits against other Members, provided you have sufficient Points in your account at the time of redemption. Points that are not yet accrued and credited to your account at the time you attempt to redeem Points are not available for redemption. Points are debited from your account at the time the redemption is made. RS reserves the right to debit Points at any time in the future if it discovers that Points have not been properly debited. In order to redeem Points for Benefits you must be enrolled in the Program and your account must be open and in good standing. All determinations regarding the standing or eligibility of an account shall be made at our sole discretion. Benefits may be subject to taxes; any required disclosure and tax liability, excluding sales tax, is solely your responsibility. You may earn Points from Participating Companies in accordance with the applicable Participating Company's Point award program. Points can be redeemed only for Benefits identified by the Program and according to this Agreement. Points cannot be redeemed for cash. If a Benefit becomes unavailable after its selection by you, we will credit the Points redeemed for the unavailable Benefit back to your account. We reserve the right to refuse to honor a particular redemption for any reason at our sole discretion; in such event, we will credit the Points back to your account. RS has the right to restrict the rate at which you redeem Points. RS is not responsible for providing you with Benefits in exchange for Points that were obtained by you or the applicable Participating Company through error, fraud, or illegal or improper means. RS is not liable for any consequential loss because a Benefit is, or becomes, unavailable at any time and for any reason.
Auctions. In order to redeem Points via auction, you must place the required minimum bid in Points during the specified auction period. You may not bid more Points than you have in your account. The Points you bid for a particular auction, up to your maximum bid (if applicable), will, at the time you bid, immediately and automatically be made unavailable for other redemptions for the duration of the auction period. The Points you bid will not be available for use to redeem for other Benefits. If you do not win an auction, the Points you used to bid for that auction will be released upon completion of the auction. Decisions as to what constitutes a qualifying bid, as well as exceptions, will be made at the sole discretion of RS. Bidding periods, minimum Points required, and bid increments are established by RS and are subject to change at RS's sole discretion. Multiple quantities of the same Benefit may be listed as a multi-item auction, where there may be more than one winner for a single auction; for example, if there are five slots available for a particular Benefit, the top five bidders will each win that auction, provided any reserve is met. Once a bid is completed, you cannot retract or withdraw the bid, nor can the bid be decreased, but you can increase your bid during the auction period by placing a higher bid. Some Benefits may have a reserve price that must be met before it can be auctioned and such reserve prices may not be made public. If the reserve price is not met by the end of the auction period and you are the highest bidder, you will be notified that the reserve price was not met, that the Benefit will not be sold to you, and that the Points you bid for the Benefit will be credited back to your account. If your bid is determined to be the winning bid, that determination is a legally binding contract between you and RS. If you win an auction, the Points bid will be debited from your account and will not be returned to your account and you will need to provide your shipping details if necessary. We may display the bid amount in Points that wins an auction on the Site following the auction. If it is determined that the winner of an auction is not eligible to participate or is otherwise excluded from participating in the auction or obtaining the auctioned-for Benefit for any reason in our sole discretion, the next-highest bidder will be deemed to be the winner of the auction, provided that the next-highest bidder meets any applicable bid reserve. Some auctions will allow you to place a maximum bid, where the maximum bid is the highest price in Points you are willing to pay for the Benefit being auctioned. The Program will then bid on your behalf by automatically increasing your bid, but only as much of your maximum bid as is required to keep you in the running, until your maximum bid is reached. Although this Agreement refers to "auction," neither RS nor any Benefit provider is an "auctioneer" in the traditional sense. Instead, we allow you to bid for and purchase Benefits by using Points in an auction-style format referred to as an "auction."
Taxes; Shipping and Handling. The Benefit cost in points on the Site includes all applicable sales taxes and shipping and handling fees unless otherwise specified^[a]. Benefits may be shipped to you by RS or by the Benefit provider. Benefits are sent only to the address associated with your account or to such other address as explicitly provided with a specific order. Shipping addresses must be within the fifty United States or the District of Columbia and certain addresses may attract additional shipping charges. Shipping addresses cannot be changed after an order has been made. RS, in its sole discretion, will determine the method of shipment. Delivery dates cannot be guaranteed and RS and the Benefit providers assume no liability for failed deliveries caused by incorrect addresses, absence of the recipient, force majeure, or other reasons not under the reasonable control of RS or the Benefit provider. Benefits will not be delivered to P.O., A.P.O., or F.P.O. boxes. If a Benefit arrives at its destination in damaged condition, RS will work with the Benefit provider to either replace the Benefit, substitute an equivalent Benefit, or credit the Points redeemed for the Benefit back to your account. You must return damaged Benefits to as instructed.
Returns and Refunds. Points are not refundable once redeemed and all Benefits are nonrefundable. Benefits may not be returned or exchanged unless proven to be damaged or defective. If eligible for return or exchange, Benefits must be returned to the Benefit provider within 30 days of delivery. For returns or exchanges of Benefits that you can prove are damaged or defective, please contact the Benefit provider directly or, if no Benefit provider is identified, contact RS by email at returns@rewardsciences.com so that we may assist you in contacting the appropriate Benefits provider. All refunds and exchanges will be at the discretion of the Benefit provider. If you are scheduled to use a Benefit that is an event or travel and you do not turn up on time, you will forfeit the Points redeemed for that Benefit and will not have them refunded or the Benefit rescheduled. If you purchase a Benefit for a particular date and you are unable to attend, you may be able to send someone in your place, provided they meet all eligibility requirements for that particular Benefit and Benefit provider agrees and you pay an administration fee if required. For all other Benefits that need to be scheduled, unless otherwise noted, you will have six months from the date of purchase to coordinate with the Benefit provider. If you are unable to schedule the Benefit with the Benefit provider during that six-month period, the Benefit provider will have sole authority to choose whether or not to schedule the Benefit; the Benefit provider will have no obligation to coordinate scheduling with you. If the Benefit provider elects not to schedule the Benefit, you will forfeit the Points redeemed for that Benefit.
Warranty Period. Any Benefit warranty periods are as set out in the relevant Benefit provider details for each individual Benefit, either on the Site or as included with the Benefit, and may vary. No other warranties apply; there is no warranty for a Benefit unless expressly stated in the applicable Benefit provider details for a particular Benefit.
No Transfer. Your Program account is for your benefit only and is not transferable to another person or entity for any reason. Any transfer, sale, or barter of Program accounts, Points, or Benefits is strictly prohibited. Points and Benefits that have been transferred in violation of this Agreement may be canceled by RS.
Your Account. For information about your membership, log on to your account, contact us by e-mail at membership@rewardsciences.com. You may not share your account information with or allow access to your account by any third party. You are responsible for maintaining the confidentiality of your username and password.
No Warranty; Support Services. The Site and the Program are provided “as is,” without any warranty of any kind. RS does not guarantee the quality, accuracy, completeness, timeliness, or availability of the Site or the Program. RS does not warrant that the functionality or operation of the Site or the Program will be uninterrupted or free from error, that any defects in the Site or the Program will be corrected, or that the Site, the Program, or the servers that make the Site available are free of viruses or other harmful conditions or components. To the maximum extent permitted by law, RS expressly disclaims all warranties of any kind with respect to the Site and the Program, including without limitation those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and noninfringement. Neither RS nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Site or the Program except as expressly stated in this section. RS will provide support to you in English via the "Support" button on the Site. RS will respond at its earliest opportunity and aims to respond to each request within one business day. Please inform RS of any complaint concerning the Program within one business day of your discovery of the issue.
Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL RS OR ITS AFFILIATES, SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PROGRAM, OR YOUR USE OF THE SITE OR THE PROGRAM (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE OR THIRD-PARTY WEB SITES), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR OTHERWISE, AND EVEN IF RS HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES; IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Malfunctions; Force Majeure. RS reserves the right to modify, suspend, and terminate the Program and Site without notice, in whole or in part, in the event of computer, programming, system error, or other problems that are beyond our control and affect our ability to proceed as intended. If the Program is not capable of running as planned for any reason, including without limitation (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure and other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program; and (b) acts of God, acts of a public enemy, terrorism, acts of Government or legal enforcement authorities, fires, floods, earthquakes, storms, other weather events or natural disasters, civil disorders, or freight embargoes, we may, in our sole discretion, suspend or terminate the Program and the Site without obligation or prior notice.
Third-Party Web Sites. The Site may contain links to web sites not maintained or controlled by RS. Such links are provided as a convenience and RS is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use for each web site that you visit.
Survival. The terms of this Agreement survive termination of your membership and termination of the Program.
Compliance with Laws; Conduct. You shall comply with all local, state, and federal laws and regulations that apply to your use of the Site or the Program. Additionally you shall not: submit inaccurate information via the Site; commit fraud or falsify information in connection with your account and the redemption of Points; nor act maliciously against the business interests or reputation of RS or its affiliates.
Dispute Resolution. If you have a dispute with RS concerning the Program, excluding any intellectual property-related claims, you shall try to resolve the dispute through negotiations with RS. If agreement cannot be reached through negotiation, you shall seek resolution only on an individual basis through binding arbitration in the state of Illinois. This Agreement is governed by the laws of the state of Illinois. Any cause of action or claim with respect to the Site or the Program must be commenced within one year after the action or claim arises.
Interpretation. This Agreement is the entire agreement between the parties with respect to the Site and the Program and they supersede all previous agreements and understandings, whether oral or written, between the parties with respect to the same. If any provision of this Agreement, as it may be modified from time to time, is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions shall remain in full force and effect. RS’s failure to enforce any provision in this Agreement will not constitute a waiver of such provision or any other provision. The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement.
Contact RS. Please direct any questions, complaints, and claims with respect to the Site or the Program to questions@rewardsciences.com