|AGREEMENT BETWEEN USER AND
The RewardsGold.com Web Site operated by RewardsGold, Inc. or its affiliates or subsidiaries ("RewardsGold"), is comprised of various Web pages. The RewardsGold Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the RewardsGold Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the RewardsGold website may also be subject to additional terms outlined elsewhere on the website (the "Additional Terms"). Additionally, the RewardsGold Web Site may itself contain additional terms that govern particular features or offers (for example, sweepstakes). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular RewardsGold website, then these terms shall control.
RewardsGold reserves the right to change the terms, conditions, and notices under which the RewardsGold Web Site is offered, including but not limited to the charges associated with the use of the RewardsGold Web Site. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the RewardsGold Web Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the RewardsGold Web Site. You may not resell rewards earned on RewardsGold for commercial purposes.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with or through RewardsGold or to purchase RewardsGold products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of RewardsGold is strictly prohibited.
Harassment in any manner or form on the Site including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a RewardsGold employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. You may not sign up anyone but yourself for any products, offers, contests or email lists unless specifically stated.
RIGHT OF SUBSTITUTION.
RewardsGold, at its sole discretion, has the right to substitute a magazine subscription or gift of similar value for any magazine subscription or gift ordered by any visitor. Additionally, in the event that the registrant provides a mailing address that is not valid or rejected by standard address lookup software, then RewardsGold may substitute a magazine subscription or gift of similar value but is under no obligation to provide the original magazine subscription or gift ordered by the visitor.
DUPLICATE SUBSCRIPTIONS OR EXTENSIONS
RewardsGold, at its sole discretion, has the right to reject subscription requests regardless of whether a survey has been taken or not if the visitor is already receiving the magazine subscription or has received the magazine at any point in the past.
RewardsGold, at its sole discretion, may substitute a magazine subscription or gift of similar value but is under no obligation to provide the original magazine subscription or gift ordered by the visitor.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of RewardsGold. The collective work includes works that are licensed to RewardsGold. Copyright 2000 - 2013. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to RewardsGold, or other respective owners that have granted RewardsGold the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the address listed at the bottom of this document. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
In the event a RewardsGold product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, RewardsGold shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. RewardsGold shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RewardsGold shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by RewardsGold without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
RewardsGold does not and cannot always review all communications and materials posted to or linked through listings on the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, RewardsGold is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, RewardsGold reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to RewardsGold at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by RewardsGold in accordance with RewardsGold's
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. RewardsGold will have no obligations with respect to the Communications. RewardsGold and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
In an attempt to provide increased value to our visitors, this Site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with RewardsGold, RewardsGold has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RewardsGold. RewardsGold has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that RewardsGold sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, RewardsGold seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
RewardsGold never intentionally sends out unsolicited email. Email lists are compiled with the email addresses of individuals who have requested membership on a list. The majority of our email communications carry unsubscribe links which enable RewardsGold to remove any individual that requests removal within a reasonable amount of time from the email list.
DISPOSABLE EMAIL PROVIDERS
RewardsGold may reject any and all reward subscription requests from any customer using an email address from a disposable email provider.
STATE OF MAINE
By using this site, residents of the State of Maine agree that they are
at least 18 years of age. Residents of the State of Maine who are under
18 years of age must have received parental permission to use this Site.
RewardsGold has instituted measures to attempt to prevent visitors who
are under 18 years of age and residents of the State of Maine from
providing personal information to RewardsGold. In the event that any
resident of the State of Maine who is under 18 years of age provides any
personal information to RewardsGold, RewardsGold will be held harmless
of any damages arising thereto by the breech of any state law and will
not be responsible for any penalties, fines, or fees.
RewardsGold makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. RewardsGold does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
RewardsGold DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
RewardsGold DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RewardsGold DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL RewardsGold BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF
RewardsGold HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless RewardsGold, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Magazine subscriptions earned as rewards can not be resold. Any magazine subscription that is resold will be immediately terminated by the publisher.
Your use of this Site shall be governed in all respects by the laws of the
Commonwealth of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of
RewardsGold products) shall be in the state or federal courts located in
Suffolk County, Massachusetts. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of
RewardsGold products) must be commenced within one (1) year after the claim or cause of action arises.
RewardsGold's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
RewardsGold may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using this Site, you agree that RewardsGold, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
RewardsGold may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.