RewardPal Inc. and Michigan Rewards Terms of Service

Welcome to RewardPal Inc. and Michigan Rewards!

1. Your relationship with RewardPal Inc. and Michigan Rewards

1.1 Your use of RewardPal Inc. ( Reward Pal ) and Michigan Rewards products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by RewardPal Inc. and Michigan Rewards under a separate written agreement) is subject to the terms of a legal agreement between you and RewardPal Inc. and Michigan Rewards. “RewardPal Inc. and Michigan Rewards” means RewardPal Inc. Inc. and Michigan Rewards Inc., whose principal place of business is at 43422 West Oaks Drive, #145, Novi, Michigan 48337, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with RewardPal Inc. ( Reward Pal ) and Michigan Rewards, your agreement with RewardPal Inc. ( Reward Pal ) and Michigan Rewards will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with RewardPal Inc. and Michigan Rewards will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and RewardPal Inc. ( Reward Pal ) and Michigan Rewards in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by RewardPal Inc. and Michigan Rewards in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that RewardPal Inc. and Michigan Rewards will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with RewardPal Inc. ( Reward Pal ) and Michigan Rewards, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where RewardPal Inc. ( Reward Pal ) and Michigan Rewards has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with RewardPal Inc. and Michigan Rewards.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by RewardPal Inc. and Michigan Rewards

4.1 RewardPal Inc. ( Reward Pal ) and Michigan Rewards has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of RewardPal Inc. and Michigan Rewards itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 RewardPal Inc. ( Reward Pal ) and Michigan Rewards are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which RewardPal Inc. and Michigan Rewards provide may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that RewardPal Inc. ( Reward Pal ) and Michigan Rewards may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at RewardPal Inc. ( Reward Pal ) and Michigan Rewards' sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform RewardPal Inc. and Michigan Rewards when you stop using the Services.

4.4 You acknowledge and agree that if RewardPal Inc. ( Reward Pal ) and Michigan Rewards disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that while RewardPal Inc. ( Reward Pal ) and Michigan Rewards may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by RewardPal Inc. and Michigan Rewards at any time, at RewardPal Inc. and Michigan Rewards’ discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to RewardPal Inc. and Michigan Rewards will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by RewardPal Inc. ( Reward Pal ) and Michigan Rewards, unless you have been specifically allowed to do so in a separate agreement with RewardPal Inc. ( Reward Pal ) and Michigan Rewards. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with RewardPal Inc. and Michigan Rewards, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that RewardPal Inc. and Michigan Rewards has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RewardPal Inc. and Michigan Rewards may suffer) of any such breach.

USER : 
You agree not to: 
(1) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites; 
(2) disrupt or interfere with any other person s access, use or enjoyment of the Site or affiliated or linked web sites; 
(3) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; 
(4) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site; 
(5) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and 
(6) violate any local, state or federal laws or regulations that apply to your access to or use of the Site. 
 
LINKS: 
The Site may contain links to third party services and resources. We do not control the availability and content of these third party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party site does not constitute our endorsement or recommendation of the third party or the third party's site. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE. 
You must receive our prior written permission before creating a link to the Site. Any unauthorized links or false or misleading uses of the Site or our trademarks or service marks is prohibited. You may not use any robot, spider or other device to monitor Content on the Site.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to RewardPal Inc. ( Reward Pal ) and Michigan Rewards for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify RewardPal Inc. and Michigan Rewards immediately at info@RewardPal.net

7. Privacy and your personal information

7.1 For information about RewardPal Inc. and Michigan Rewards’ data protection practices, please read RewardPal Inc. and Michigan Rewards’ privacy policy at http://www.myRewardPal.com/MichiganRewards/privacypolicy.aspx . This policy explains how RewardPal Inc. and Michigan Rewards treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with RewardPal Inc. and Michigan Rewards’ privacy policies.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to RewardPal Inc. and Michigan Rewards (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by RewardPal Inc. and Michigan Rewards or by the owners of that Content, in a separate agreement.

8.3 RewardPal Inc. and Michigan Rewards reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, RewardPal Inc. and Michigan Rewards may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that RewardPal Inc. and Michigan Rewards has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which RewardPal Inc. and Michigan Rewards may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that RewardPal Inc. and Michigan Rewards (or RewardPal Inc. and Michigan Rewards’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RewardPal Inc. and Michigan Rewards and that you shall not disclose such information without RewardPal Inc. and Michigan Rewards’ prior written consent.

9.2 Unless you have agreed otherwise in writing with RewardPal Inc. and Michigan Rewards, nothing in the Terms gives you a right to use any of RewardPal Inc. and Michigan Rewards’ trade names, trademark, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with RewardPal Inc. and Michigan Rewards, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and RewardPal Inc. and Michigan Rewards' brand feature use guidelines as updated from time to time. These guidelines can be viewed onlihttp://www.MyRewardPal.com/ or such other URL as RewardPal Inc. and Michigan Rewards may provide for this purpose from time to time).

9.4 Other than the limited license set forth in Section 11, RewardPal Inc. and Michigan Rewards acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RewardPal Inc. and Michigan Rewards, you agree that you are responsible for protecting and enforcing those rights and that RewardPal Inc. and Michigan Rewards has no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 Unless you have been expressly authorized to do so in writing by RewardPal Inc. and Michigan Rewards, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License from RewardPal Inc. and Michigan Rewards

10.1 RewardPal Inc. and Michigan Rewards gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by RewardPal Inc. and Michigan Rewards as part of the Services as provided to you by RewardPal Inc. and Michigan Rewards (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RewardPal Inc. and Michigan Rewards, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RewardPal Inc. and Michigan Rewards, in writing.

10.3 Unless RewardPal Inc. and Michigan Rewards has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give RewardPal Inc. and Michigan Rewards a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling RewardPal Inc. and Michigan Rewards to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this license includes a right for RewardPal Inc. and Michigan Rewards to make such Content available to other companies, organizations or individuals with whom RewardPal Inc. and Michigan Rewards has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that RewardPal Inc. and Michigan Rewards, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RewardPal Inc. and Michigan Rewards to take these actions.

11.4 You confirm and warrant to RewardPal Inc. and Michigan Rewards that you have all the rights, power and authority necessary to grant the above license.

12. Software updates

12.1 The Software which you use may automatically download and install updates from time to time from RewardPal Inc. and Michigan Rewards. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RewardPal Inc. and Michigan Rewards to deliver these to you) as part of your use of the Services.

13. Ending your relationship with RewardPal Inc. and Michigan Rewards

13.1 The Terms will continue to apply until terminated by either you or RewardPal Inc. and Michigan Rewards as set out below.

13.2 If you want to terminate your legal agreement with RewardPal Inc. and Michigan Rewards, you may do so by (a) notifying RewardPal Inc. and Michigan Rewards at any time and (b) closing your accounts for all of the Services which you use, where RewardPal Inc. and Michigan Rewards has made this option available to you. Your notice should be sent, in writing, to RewardPal Inc. and Michigan Rewards’ address which is set out at the beginning of these Terms.

13.3 RewardPal Inc. and Michigan Rewards may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) RewardPal Inc. and Michigan Rewards is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom RewardPal Inc. and Michigan Rewards offered the Services to you has terminated its relationship with RewardPal Inc. and Michigan Rewards or ceased to offer the Services to you; or

(D) RewardPal Inc. and Michigan Rewards is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by RewardPal Inc. and Michigan Rewards is, in RewardPal Inc. and Michigan Rewards' opinion, no longer commercially viable.

13.4 Nothing in this Section shall affect RewardPal Inc. and Michigan Rewards’ rights regarding provision of Services under Section 4 of the Terms.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RewardPal Inc. and Michigan Rewards have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. EXCLUSION OF WARRANTIES

14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT REWARDPAL INC. AND MICHIGAN REWARDS’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

14.3 IN PARTICULAR, REWARDPAL INC. AND MICHIGAN REWARDS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REWARDPAL INC. AND MICHIGAN REWARDS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14.6 REWARDPAL INC. AND MICHIGAN REWARDS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY

15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REWARDPAL INC. AND MICHIGAN REWARDS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH REWARDPAL INC. AND MICHIGAN REWARDS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE REWARDPAL INC. AND MICHIGAN REWARDS WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

15.2 THE LIMITATIONS ON REWARDPAL INC. AND MICHIGAN REWARDS’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT REWARDPAL INC. AND MICHIGAN REWARDS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Copyright and trade mark policies

16.1 It is RewardPal Inc. ( Reward Pal ) and Michigan Rewards’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of RewardPal Inc. and Michigan Rewards’ policy can be found at: http://www.myRewardPal.com/MichiganRewards/terms.aspx .

16.2 RewardPal Inc. ( Reward Pal ) and Michigan Rewards operates a trade mark complaints procedure in respect of RewardPal Inc. ( Reward Pal ) and Michigan Rewards' advertising business, details of which can be found at http://www.myRewardPal.com/RewardsSite/contactus.aspx .

17. Advertisements

17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

17.2 The manner, mode and extent of advertising by RewardPal Inc. and Michigan Rewards on the Services are subject to change without specific notice to you.

17.3 In consideration for RewardPal Inc. ( Reward Pal ) and Michigan Rewards granting you access to and use of the Services, you agree that RewardPal Inc. ( Reward Pal ) and Michigan Rewards may place such advertising on the Services.

18. Other content

18.1 The Services may include hyperlinks to other web sites or content or resources. RewardPal Inc. and Michigan Rewards may have no control over any web sites or resources which are provided by companies or persons other than RewardPal Inc. and Michigan Rewards.

18.2 You acknowledge and agree that RewardPal Inc. and Michigan Rewards is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

18.3 You acknowledge and agree that RewardPal Inc. and Michigan Rewards is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

19. Changes to the Terms

19.1 RewardPal Inc. ( Reward Pal ) and Michigan Rewards may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, RewardPal Inc. and Michigan Rewards will make a new copy of the Universal Terms available http://www.myRewardPal.com/MichiganRewards/terms.aspx and any new Additional Terms will be made available to you from within, or through, the affected Services.

19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, RewardPal Inc. and Michigan Rewards will treat your use as acceptance of the updated Universal Terms or Additional Terms.

20. General legal terms

20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

20.2 The Terms constitute the whole legal agreement between you and RewardPal Inc. and Michigan Rewards and govern your use of the Services (but excluding any services which RewardPal Inc. and Michigan Rewards may provide to you under a separate written agreement), and completely replace any prior agreements between you and RewardPal Inc. and Michigan Rewards in relation to the Services.

20.3 You agree that RewardPal Inc. and Michigan Rewards may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

20.4 You agree that if RewardPal Inc. ( Reward Pal ) and Michigan Rewards does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RewardPal Inc. and Michigan Rewards has the benefit of under any applicable law), this will not be taken to be a formal waiver of RewardPal Inc. and Michigan Rewards’ rights and that those rights or remedies will still be available to RewardPal Inc. and Michigan Rewards.

20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

20.6 You acknowledge and agree that each member of the group of companies of which RewardPal Inc. and Michigan Rewards is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

20.7 The Terms, and your relationship with RewardPal Inc. ( Reward Pal ) and Michigan Rewards under the Terms, shall be governed by the laws of the State of California without regard to its conflict of law’s provisions. You and RewardPal Inc. and Michigan Rewards agree to submit to the exclusive jurisdiction of the courts located within the county of Oakland, Michigan to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RewardPal Inc. and Michigan Rewards shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

21.  General Services             
21.1. To become a member of and participate in our Program, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract, complete our enrollment process, and agree to the terms of this Agreement.          
21.2. To participate in a Program, you must have a valid RewardPal Inc. ® membership card or Visa®, MasterCard®, American Express® or Discover® payment card that is registered with us ("Registered Card"). Up to 10 Registered Cards may be registered for an individual at any time. You must register your payment card with us if you enroll directly in the Program or, if you are enrolled in a Program by your card issuer, employer or any other third party ("Third Party Provider"), that Third Party Provider will register your payment card with us.            
21.3. A Registered Card may relate to only one Program. If a Registered Card is registered in a second Program, we will cancel that Registered Card's participation in the first Program. You are responsible for registering a new payment card with us if your Registered Card is no longer valid. You must notify us if your name, postal address or e-mail address changes.         
21.4. We provide you information about the Program, and you agree to receive, by posting such information on our website at www.myRewardPal.com and www.RewardPal.net  ("our Website"). We may provide information or notices to you by other means, including e-mail, but we are not required to do so. You agree to visit our Website regularly to view any changes to this Agreement or other important information about your participation in the Program. You may request paper copies of information posted at our Website by calling our Member Services representatives, but certain information may be available only at our Website. 
 
Rewards We Provide 
21.5. You are eligible to earn rewards ("Rewards") as provided in this Agreement when you use a Registered Card to make a purchase at a business that participates in the Program ("Participating Merchant"), such as a retail business or restaurant, bar, hotel or club ("Participating Business", "Participating Merchant") that participates in the Program.            
21.6. The Rewards in our Program may consist of (a) cash credits on your Registered Card ("Cash Rewards savings"), (b) frequent flyer Credits in programs offered by participating airlines ("Miles" or "Credits"), (c) college or charitable contributions in loyalty programs offered by participating partners ("Contributions"), or (d) points in loyalty programs offered by participating partners ("Points"). We reserve the right to require that you provide a receipt from the Participating Merchant for a purchase in order to receive your Reward for the purchase.            
21.7. You will receive Rewards for a purchase at Participating Merchant only if: (a) the business is a Participating Merchant on the date of the purchase; or (b) the hotel is a Participating Business on the date you make the reservation and the date you stay at the hotel. You will not receive Rewards for a purchase if our Website indicates that no Rewards are being offered or given for the type of purchase you made.   
21.8. You will receive Rewards only for qualifying purchases at a Participating Merchant. Purchases with your Registered Card at a Participating Merchant may be qualifying only up to a specified dollar amount, or only if made during certain time periods on specified days.        
21.9. The Rewards that you earn may vary depending on a variety of factors, such as your Program, the Participating Merchant, and your level of activity within the Program. Information on the type, amount and limits on Rewards, as well as on current Participating Merchants, is posted on our Website. You are responsible for reviewing this information before you make a purchase at a merchant, as these details may change from time to time and may affect the Rewards you receive.       
21.10. The Rewards may not be earned for qualifying purchases at a Participating Merchant when using coupons or discount cards or in combination with discount programs.       
21.11. You will receive Rewards for purchases at a Participating Business such as hotels only if you make your reservation for your stay (and any changes to your reservation) through our Website or by calling our Member Services representatives, and use your Registered Card for any required payments. Rewards are provided only for the payment of your room rate at the Participating Business such as hotels, and not for taxes, tariffs, incidental expenses charged to your room, or reservation change or cancellation fees.             
21.12. Fees may be imposed by a Participating Business such as hotels if you change or cancel a reservation you make through us. Additional fees for changing or canceling a reservation may be imposed by the Participating Hotel or us if you make the reservation, but not the change or cancellation, through us. We will forward to the Participating Hotel a special request you make for your stay, but we are not responsible if the hotel does not honor the request. 
 
Receipt and Use of Rewards 
21.13.  A retail business that provides the cash credit program in which you may receive Credits, a partner that operates the loyalty program in which you may receive Points or Contributions, and an issuer of the Registered Card on with you may receive Cash back Rewards savings, are sometimes referred to in this Agreement as an “Other Program Operator.”           
21.14. The Participating Merchant and Other Program Operator are solely responsible for the terms and conditions on which you receive actual credit for, and may use, Credits, Contributions or Points that we request the Participating Merchant and Other Program Operator provide you for Rewards you earn in our Program. We are not responsible for when Cash Credit Rewards savings, Credits, Contributions, Points, or other Rewards are actually credited to your credit/debit card, frequent flyer or loyalty program account.             
21.15. We make no representation, warranty or guarantee as to any value or benefit of Credits, Contributions or Points, any ability to use Credits, Contributions or Points, or any other matter relating to Credits, Contributions or Points, and we have no liability or obligation if Credits, Contributions or Points are not honored by a Participating Merchant or an Other Program Operator, including if the Participating Merchant or Other Program Operator ceases doing business, files for bankruptcy, or terminates the program to which the Credits, Contributions or Points were credited.       
21.16. If your frequent flyer or loyalty program account is invalid or inactive for a period of at least 120 days following the date of a purchase that qualified you for a Reward of Credits, Contributions or Points, you will forfeit your rights to such Miles, Contributions or Points even if such Miles, Contributions or Points were previously credited to your frequent flyer or loyalty program account. All account inquiries or disputes related to a Reward of Credits, Contributions or Points must be received by us within 90 days of the qualified transaction or the end of the bonus period, as applicable, or you will forfeit your rights to such Credits, Contributions or Points.            
21.17. You are responsible for any tax consequences resulting from your receipt or use of Rewards under the Program. We may report Rewards provided to you to relevant tax authorities.

November 20, 2009