When you use our Services you agree to these contractual terms, our Privacy Policy, Cookie Policy, and Community Guidelines. It is your responsibility to review the latest versions.
Please review this End User License Agreement and Terms of Service Agreement (“Agreement”) along with the Privacy Policy, Cookie Policy, and Community Guidelines, which are all incorporated by reference. By registering, visiting, accessing, downloading, or using our shopping services (described below), you are agreeing to a legally binding contract. This Agreement governs your shopping activities using the Services, which are owned and operated by InRewards. The Agreement becomes effective immediately upon your access to the Services (the "Effective Date") and remains in force until terminated. InRewards reserves the right to terminate your use of the Services at its sole discretion, with or without cause or notice, including but not limited to, if InRewards believes you have violated or acted inconsistently with the Agreement. By using the Services, you acknowledge and agree to all terms and conditions set forth in this Agreement. Your continued visits, access, or use of our Services reaffirms your acceptance of and agreement to these terms. If you do not agree to this Agreement, you should not register, visit, access, download, or use our Services. You may terminate this Agreement at any time by closing your user account and ceasing to visit, access, or use our Services. InRewards may update the Agreement or any related terms, such as the Privacy Policy and Cookie Policy, at any time. If you have registered with an account and an email address, InRewards will notify you of any significant changes before they take effect, via email and/or through the Services. The Agreement and any associated or referenced terms take effect immediately upon posting. You should regularly review all applicable terms. In some cases, you may be required to read and accept new terms displayed on-screen to continue using the Services. InRewards will also post the terms at https://www.inrewards.com/legal/privacy-policy. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of InRewards Services after InRewards posts or sends notice of updated terms means that your personal data is subject to any updated Privacy Policy. During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which InRewards will provide to you prior to your use of those features. Some features may not be available to all users, and InRewards has no liability to you for limiting your right or access to certain features of the Services. Where translations are provided, these are for convenience only; the English version is controlling in all cases.
InRewards LLC, d/b/a InRewards (together with its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns, “InRewards”) provides mobile and desktop software and tools which allow you to shop Creator Guided content, and operates various platforms (“Platforms”), applications (“Apps”) and online websites including but not limited to all domains and subdomains at InRewards.com, ("Sites") (collectively, together with and any associated websites, products or services offered by InRewards, the “Services”). Our Services allow you to shop the looks you like from thousands of Creators (individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms). We may also provide emails of content and Creators that may interest you. Our Services create technological and commercial relationships between third-party retailers/brands, advertisers and other businesses (“Merchants”), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms (“Creators”) and shoppers like you. Our Services create a free, fun and convenient shopping experience to you, while facilitating sales and marketing of Merchant products and services (collectively, “Products”) and the payment of commissions to Creators. During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which InRewards will provide to you prior to your use of those features.
We reserve the right to modify, suspend, or terminate your use of the Services, including any associated Linking Technologies and Third Party Apps (both defined below), at our discretion. InRewards may take these actions with or without cause or notice, particularly if InRewards believes you have violated or acted inconsistently with this Agreement. In the event of termination, your representations, warranties, indemnifications, and obligations will remain in effect. Additionally, sections addressing claims and disputes will continue to govern any related issues. While we may choose to store or retain content you've provided, liked, or posted, we are not obligated to do so. InRewards SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO THE DISCONTINUATION OF SERVICES, INCLUDING BUT NOT LIMITED TO REFUNDS, LOST PROFITS, LO
InRewards reserves the right to discontinue or modify the Services, including any content or components, at any time and in any manner, including test or beta features, third-party applications, integrations, or links, with or without notice, and without any liability. InRewards may choose, at its discretion, to offer or withhold the Services or any of their features at any time. Not all features will be available to all users, as InRewards may test features or roll them out selectively to certain regions or user groups at its discretion.
Periodically, InRewards may invite you to trial pre-release or beta features that are still in development and not yet available to the public (“Beta Services”). These Beta Services may come with additional terms and conditions, which InRewards will provide before you begin using them. All Beta Services and related communications or materials will be treated as Confidential Information of InRewards and will be subject to the confidentiality provisions outlined in these Terms. InRewards does not guarantee that the Beta Services will function as intended and may discontinue them, or any of the Services, at any time at its sole discretion. InRewards will not be liable for any harm or damage arising from the use of Beta Services or any other Services.
Please note that Beta Services may differ from their final versions, and InRewards may choose to modify or refrain from releasing a final or commercial version of a Beta Service. InRewards makes no predictions, warranties, or guarantees, either express or implied, regarding the quality of any Products offered by any Merchant or other individual, company, or service provider using or featured on the Services, and assumes no liability for any issues related thereto.
To use our Services, you must be at least 16 years old. If you are 16 or older but under the legal age of majority in your location, you agree to review this Agreement with a parent or legal guardian to ensure understanding and agreement. If you are a parent or legal guardian agreeing on behalf of your child, you accept full responsibility for your child's use of the Services. InRewards does not allow users under the age of 16.
When registering for our Services, you agree to provide accurate and up-to-date information. You will select a username and password, and you are responsible for maintaining their confidentiality. You may not share, assign, or transfer your account or login information to others. You are solely responsible for all activities conducted through your account, and InRewards assumes that any activity under your account is done by you. Notify InRewards immediately if you suspect unauthorized use of your account. InRewards reserves the right to change or modify your username and password at any time. You agree to use the Services only for personal purposes, not for competition or other non-personal reasons. You confirm that you are not a competitor of InRewards and that you are not using the Services to investigate potential claims.
InRewards may update or modify the Services at its discretion, and you may be required to use the latest version provided. All updates will be subject to this Agreement and remain the exclusive property of InRewards. InRewards may not support older versions of the Services, and you may need to download the latest version to continue using the Services. In the event of a conflict between this Agreement and terms related to updates, the latter will prevail.
InRewards may offer user support but reserves the right to modify or discontinue such support at any time. For product-related inquiries, contact the relevant Merchant directly. You agree to receive communications from InRewards, including marketing materials, via email or other contact information you provide. It is your responsibility to ensure that InRewards has your current email address. Any communication sent to this email will be considered received by you.
Our Services include automated processes that provide relevant content recommendations based on data from you and other users. Portions of the Services may be available on mobile devices, and you are solely responsible for any charges incurred from your carrier. If you access the Services through mobile devices, information about your device and carrier may be communicated to InRewards. InRewards is not responsible for any fees or charges related to mobile device usage.
You agree to only use the Services for personal reasons and understand that you may not copy or otherwise use the Services in an unauthorized manner. Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other relevant policies, InRewards grants to you a personal, non-exclusive, non-transferable, revocable limited license to download, access and use the Services and related software (excluding source and object code) for your non-commercial, personal use on a device or machine(s) of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense or prepare derivative works of any of the Services. If you sell or otherwise transfer to a third party a device on which the Services are installed, you must remove the Services from such device before doing so.
Our Services include content from third parties such as Creators and Merchants, which we do not control. Where our Services contain links to other sites provided by third parties, InRewards does not control the contents of those sites. Such links should not be interpreted as approval by InRewardsof those linked websites. We also may offer users the ability to use Linked Technologies and/or Third Party Apps for Product sales with certain Merchants. You acknowledge and agree that the Services are not a marketplace, and any contract of sale of Products made through the Services is directly between you and the Merchants. Merchants, not InRewards, are the merchants/sellers of record for all Products you purchase through the Services. We disclaim any liability for such content or use. You understand that InRewards does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, and/or Linked Technologies and/or Third Party Apps including statements and opinions on the Services, Products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by InRewards, its employees, agents, and affiliates are provided for informational purposes only. InRewards reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. InRewards makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products advertised, offered, or provided by any Merchant, statements made by any Creator, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto. InRewards does not guarantee the accuracy, integrity, appropriateness, or quality of any third party content, including Creators or Merchants, and in no way will be liable for any content published, promoted, or linked to by any Creator or Merchant.
Our Services may include the ability to upload or post content including text through the Services or make contact with other users of the Services. At all times, you must comply with this Agreement and the Community Guidelines. You further warrant that any such content does comply with those standards and you will be liable to us and indemnify InRewards for any loss or damages we may suffer as a result of your breach of warranty. You further acknowledge that InRewards has no obligation to prescreen, monitor, review, or edit any content posted by you and other users on the Services. You further agree and represent that you own any content that you publish or transmit and that you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Services. By posting content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your content. InRewards has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. InRewards reserves the right to cut, crop, edit, or refuse to publish your content at our sole discretion. You acknowledge that Creators may have the ability to delete certain content on their posts, including comments you may publish. You acknowledge that Creators have no liability to you in the event your comment is deleted and that Creators have discretion to manage comments on their posts pursuant to the Community Guidelines. Further, InRewards has the right to remove, disallow, block, or delete any posting you make on our Services if, in our sole discretion, your post does not comply with this Agreement or the Community Guidelines or in response to complaints from other users or third parties, including Merchants, with or without notice and without any liability to you.
You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of InRewards is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by InRewards. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of InRewards or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing InRewards's name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble or decompile any InRewards prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services. You agree that you will not use the Services for any authorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
You grant us a non-exclusive license to use your data in connection with the Services and their promotion. You grant to InRewards a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your data, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as InRewards sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. You further grant to InRewards all rights necessary to facilitate your use of a third party's site, app or services that require syndication or other use of your data in connection with the Services.
If you choose to share content and/or communications through the Services in areas that others can view, copy, and use, then you do so at your own risk. InRewards IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SERVICES OR ANY OF THE APPS IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.
You agree not to behave inappropriately or harass other users. We reserve the right to determine if an act is offensive. Inappropriate content and/or harassment includes anything InRewards, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, content that:
impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another's privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 1 years of age pursuant to the Children's Online Privacy Protection Act (see also, FTC's Children's Privacy Site at http://business.ftc.gov/privacy-and-security/childrens-privacy), likely to deceive any person,
or otherwise objectionable;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
you do not have the right to disclose under contract or applicable law;
contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
involves the transmission of “junk mail”, “chain letters” unsolicited mass emails — “spam”l or solicitations
uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
engages in promotion material, advertising, or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
incorporate the Services or any portion thereof into any other program or product;
use the Services in a manner that may create a conflict of interest of undermine the purposes of the Services;
provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
violates or encourages or facilitates the violation of any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. InRewards reserves the right, at any time and with or without notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content or use in violation of this Agreement, the Community Guidelines, or otherwise harmful to the Services or our users. Violating this Agreement may also lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.
Your decision to access Linked Technologies and Third-Party Applications is made at your own risk. We are not responsible for activities conducted by third parties. The Services may include links to third-party websites, networks, platforms, or apps ("Linked Technologies"), such as advertisers and payment platforms. Please be aware that InRewards does not control and is not responsible for the terms of service or privacy policies of these Linked Technologies. We advise you to be cautious when leaving the Services and to review the applicable agreements for all Linked Technologies. The Agreement only covers the Services provided by InRewards.
InRewards does not make any representations or warranties about Linked Technologies, including their content, accuracy, opinions, functionality, or services. The inclusion of Linked Technologies within the Services does not imply endorsement or approval by InRewards. If you choose to use any Linked Technologies, you do so at your own risk.
InRewards may, at its discretion, provide access to third-party applications that interact with InRewards application programming interfaces ("InRewards APIs"). These third-party applications, referred to as "Third-Party Apps" in this Agreement, use InRewards APIs but are not endorsed by InRewards. The use of Third-Party Apps is voluntary and at your own risk. By using Third-Party Apps, you may grant them access to your activities, including related metadata. InRewards makes no representations or warranties regarding Third-Party Apps, which are governed by separate agreements between you and the Third-Party App owners.
InRewards is not liable for Third-Party Apps, including issues with access to InRewards APIs, technical problems related to Third-Party Apps, or any damages or claims arising from or related to Third-Party Apps. InRewards may modify, suspend, or discontinue any aspect of the InRewards APIs at any time, including their availability, and may also limit features or restrict access to the APIs or Services without notice or liability.
We own our intellectual property and only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by InRewards and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. InRewards, the InRewards logos, and all designs are trademarks and/or trade dress of InRewards and may not be used without the express written permission of InRewards. All other trademarks appearing on the Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY InRewards. You agree to only use the Services as expressly permitted herein.
You agree to comply with all export laws. You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.
It's possible that not all Products or Services will be available to you. The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all Products or Services may be available in all geographic areas or to all users.
If you provide us feedback or ideas, then we may use or discard them at our discretion and without liability. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to InRewards in connection with the use of the Services shall be the exclusive property of InRewards, including, without limitation, any feedback on Beta Service offerings or Research services. Such Ideas will not subject InRewards to any confidentiality obligations and InRewards shall have no obligations to you, contractual or otherwise. You agree that InRewards may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. This includes that any user reviews about InRewards can be used for marketing purposes.
If you believe that your copyright has been infringed by a third party on our Services, then please follow this take down procedure.
It is InRewards's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). InRewards does not make judgments about the veracity of intellectual property infringement claims or adjudicate such claims. If the information you are complaining about is located on a third party site or application, then you should contact that third party site or application. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
You may notify InRewards of alleged infringement of intellectual property rights by contacting our at:
Email: privacy@inrewards.com
Mail: 740 E Campbell Rd Ste 700, Richardson, TX 75081
Upon receipt of notice of claimed infringement, InRewards will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please be advised the DMCA requires that InRewards send a copy of your complaint to the alleged infringer.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
We may assign our rights and obligations, but you may not. InRewards may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without InRewards's written consent.
We disclaim any warranties for our Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED BY LAW, InRewards AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE “InRewards PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. InRewards PARTIES NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES. InRewards PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY USER COMMUNICATIONS. InRewards PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. InRewards PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE InRewards PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
This is the limit of our legal liability to you, if any. WHEN PERMITTED BY LAW, InRewards PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE InRewards PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, InRewards PARTIES' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS InRewards PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS' FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT TO PROVIDING INDEMNITY TO THE InRewards PARTIES LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A TRIAL BY JURY WAIVER AND CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND WE AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
It is understood and agreed between the parties to this Agreement that any and all claims, grievances, demands, controversies, causes of action, or disputes of any nature whatsoever, including those related to the issue of arbitration or dispute resolution itself, (whether in tort, contract, equity, upon any law, statute, order, regulation, or otherwise) (hereinafter “Disputes”), arising out of, in connection with, or in relation to (i) this Agreement, (ii) the interpretation or enforceability of this Agreement, or (iii) questions of arbitrability under this Agreement, that cannot be settled by mutual agreement will be finally settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) and the procedures set forth in this Section.
Any controversy or disagreement arising out of this agreement shall be determined by, and under the Commercial Rules of the American Arbitration Association. The hearing on such arbitration shall be held in Dallas, Texas. Any such controversy shall be arbitrated by three arbitrators with at least five full years of experience in commercial litigation in the state of Texas and shall be appointed under the commercial rules. The arbitrators shall hear and determine said controversy in accordance with applicable law and the intention of the parties as expressed in this agreement, as the same may have been duly modified in writing by the parties prior to the arbitration. Upon the evidence produced at an arbitration hearing scheduled at the request of any party, such pre-arbitration discovery shall be permitted as authorized under the commercial rules or state law applicable to arbitration proceedings. The award shall be executed by at least two of the three arbitrators, be rendered within thirty days after the conclusion of the hearing and may include attorney's fees and costs to the prevailing party. Judgment may be entered on the award in any court of competent jurisdiction notwithstanding the failure of a party duly notified of the arbitration hearing to appear thereat.
EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY SEEKING EQUITABLE RELIEF). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, AND (C) IT MAKES SUCH WAIVERS VOLUNTARILY.
If you downloaded the Apps from Apple's App Store, then please review these additional terms. The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple's App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html, and last visited February 7, 2017) as of the effective date hereof (“Apple's Usage Rules”): Acknowledgement. The Parties hereby acknowledge that:
this Agreement is between the Parties only, and not with Apple;
Apple is not responsible for the Sites, the Apps, or the content thereof;
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
Apple has no warranty obligations, whether express or implied;
Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Apps or your possession and/or use of any of the Apps, including, without limitation, (i) product liability claims, (ii) any claim that such Apps fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
this Agreement's usage rules for the Apps are not intended to be less restrictive than Apple's Usage Rules;
Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement; and
Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
Amended Scope of Limited License - The Apps. If you download, access, or use any of the Apps from or through Apple's App Store, then the limited license granted to you hereunder with respect to such Apps (see section 2(c) above) is hereby amended to add the following restriction: you may not use such Apps on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple's Usage Rules.
The Apps are a “Commercial Item” as that term is defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (2) only with those rights granted to other users under this Agreement. Unpublished rights are reserved under the copyrights of the United States.
InRewards Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of InRewards Parties or such other party.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. InRewards’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
This covers how to contact us. Any notices or communications sent by you to InRewards pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as InRewards may specify in writing.
All notices will be sent to:
ATTN: Legal
InRewards LLC
740 E Campbell Rd Ste 700, Richardson, TX 75081
Email: privacy@inrewards.com
September 6, 2024