terms of service

REWARDJET TERMS OF USE

Updated March 2016

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE (THE "SITE") AND THE SERVICES, FEATURES, CONTENT AND APPLICATIONS OFFERED BY US (COLLECTIVELY WITH THE SITE, THE "SERVICE"). REWARDJET IS A PRODUCT OF INDIVIDUAL DIGITAL, INC.

PLEASE READ THE TERMS OF USE CAREFULLY IF YOU WISH TO USE THE SERVICE.

Acceptance of Terms

If after reading all these Terms of Use ("Terms"), you agree to be bound by them then click the "accept" button. You may not use the Service unless you agree to these Terms. In the event you are able to technically bypass or disable the "click" through mechanism for acceptance of these Terms, then by accessing, installing, copying, downloading or otherwise using the Service, you agree to be bound by these Terms.

Privacy

We are very sensitive to your privacy. Please see our Privacy Notice for information and disclosures relating to the collection and use of your personal information in connection with your use of the Service.

Use of Site and Service

The Service will provide you access, through your organization, employer or other qualifying group (“Group”) to our proprietary platform called "RewardJet" as a means of providing you access to certain discounts, services and other benefits. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) Service or the Site.

Copyrights

We respect the intellectual property of others, and we ask you to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our Copyright Page to review our DMCA notification guidelines. We reserve the right to terminate any users account without notice if that user is determined to be a "repeat infringer" of other user's intellectual property.

Registration and Security

In order to use the Service, you are required to register with us. Your registration is subject to an invitation or notice from a registered Group on our system. The RewardJet service cannot be used if you are not part of a valid registered Group. Registration requires you to have a valid email address and password. You are permitted to establish one account and to access through your account by means of an Internet connection (which we do not provide). You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any breach of security with respect to your account. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time. You agree to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If we allow you to choose a username and you select, in our sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable or improper under applicable law, we have the right, without prior notice to you, to automatically change your username, delete your User Profile, deny you access to the Service, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify us immediately.

Description of Service

The Service requires that your initial Registration Data include certain basic core information, such as, your email address, gender, and location in the U.S. This Personal Data along with your activity on the Site (i.e., your migration throughout the Site, your comments, reviews, ratings, invitations, check-ins, postings, recommendations, purchase history, etc.) may be used by us to create your unique User Profile. We may aggregate your User Profile with other user profiles to create specific consumer profiles which may indicate, among other things, certain preferences for products ("Consumer Profiles"). From time to time, our platform may rank your use of the Service and award you through a basic reward point system. Your Consumer Profile may also be made available to our advertising and marketing clients as non-personally identifiable information. In other words, our marketing and advertisers clients will not be able to identify you individually by such things as your name, address, or other personally unique data sources, unless you provide them with such information by linking to their website or purchasing products, responding to surveys or other direct interaction with such third parties. Your Consumer Profile may indicate that you wish to receive offers, discounts, and information from businesses in product areas such as automobiles, retailers, airlines, hotels, financial services, or educational services, however It will be your decision whether or not to accept or transact with such third party advertiser or marketer and provide them with personally identifiable information.

As described above, you understand that as part of the Service, you may communicate with, receive communications from, or otherwise participate in or use the services or obtain goods and services of or from, third parties (e.g., our client advertisers and marketers) as a result of your use of the Service. All such communication, interaction and participation off of the Site is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Service does not constitute an endorsement by us with respect to the content, advertising, products, or other materials available on or from such sites. You further understand and agree that the Service may include certain communications from us (such as administrative messages and certain newsletters), and that these communications are considered part of the Service and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms. Finally, you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

User Content Submissions

You are solely responsible for the information, data, (including Personal Data), opinions, descriptions, photos, profiles, messages, audio, video, "shouts", clips, comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through the Service or transmit to or share with us and other users (collectively the "User Content"). By uploading, publishing, modifying or displaying User Content to any part of the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Service or Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Furthermore, you represent and warrant that your User Content will not contain any material that:

You understand and agree that User Content does not reflect our views and we do not verify, endorse, or vouch for any such content and if we determine in our sole discretion that any User Content is inaccurate, was posted without authorization, or otherwise does or may violate these Terms or applicable law, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.

Please note, that if you (by opting-out of some or all portions of the Service) or we delete any information provided by you or any behavioral data we have collected, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Service as aggregate data, or it may remain with the users who have previously accessed or downloaded your User Content.

Rules of Conduct

Your use of the Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

You further agree that you will not use the Service to:

Proprietary Rights

All content on the Service, including but not limited to visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site and all elements and components of the Service, and their selection and arrangement ("Site Content"), excluding any of your User Content which has been posted, is our proprietary property, our users or its licensors with all rights reserved. Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained within the Service (except for your User Content) without our express prior written consent.

Limited License

Provided that you are a valid registered user of the Service, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright or other notices contained on the Service, including notices on any content you download, transmit, print or reproduce from the Service, nor shall you distribute such Site Content. Except for your own User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service, Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Third Party Websites and Content

The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Promotions

Our Service may, from time to time, conduct promotions and/or reward programs, including, but not limited to sweepstakes and contests ("Promotions"). If we conduct a Promotion the terms, conditions and rules for that Promotion will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these Terms (and therefore a part of your agreement with us).

Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service.

Termination

We have the right to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems and (f) your Group deleting or pausing your account. You agree that we will not be liable to you or any third party for taking any of these actions.

Indemnification

You hereby agree to indemnify, defend and hold us , our subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Service, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Service, your violation or breach of any these Terms, your connection to the Service, or your violation of the rights of any other person or entity.

Warranty Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site and Service, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Service or Site.

Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE AND/OR THE SERVICE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Eligibility

The Service is intended solely for users who are of adult age in their jurisdiction, and any registration by, use of, or access to the Service by anyone under the age of majority is unauthorized, unlicensed, and in violation of these Terms. By using the Service, you represent and warrant you are of adult age in your jurisdiction and that you agree to abide by all of the terms and conditions herein. We may terminate your account, project, and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service for any reason, at any time in its sole discretion, with or without notice, including without limitation if we believe that you have misrepresented your age.

The Service is operated from the United States. The Service is available to you only in the United States, its territories and possessions. You agree not to use or attempt to use the Service from outside these locations. We may use technologies to verify your compliance with any territorial restriction.

Miscellaneous

Entire Agreement. These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you enter into contests or promotions or use or purchase certain other services, affiliate services, third-party content or third-party software. These Terms cannot be changed or terminated orally.

Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Service or delivering them to you through email. You may update your email address by visiting the Service where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at help@rewardjet.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Assignment. You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Choice of Law and Forum. The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

Waiver and Severability of Terms. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions

For questions contact us at:

Individual Digital, Inc.
195 Plymouth Street, Suite 411
Brooklyn, New York 11201

866-973-9401
help@rewardjet.com

Notifications