Last updated on January 4, 2016.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING RewardExpert.com Inc.’s WEBSITE, PRODUCTS AND SERVICES!
By accessing the RewardExpert.com Website (“RewardExpert Website”), or otherwise by using RewardExpert.com Inc.’s products and services (collectively “RewardExpert Service”), the User (“you” “your”) acknowledges and agree to be bound by the following Terms and Conditions of Use (“Terms”). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE AND EXIT THIS WEBSITE.
You acknowledge that by accessing and using RewardExpert Website and RewardExpert Service, you consent to be bound by this Agreement. Clicking on the ‘Register Now’ button on the RewardExpert Website, or otherwise through the Registration process, constitutes your explicit acceptance of this Agreement. Alternatively, any access and/or use of our RewardExpert Website by you shall also be deemed to constitute your acceptance of this Agreement.
RewardExpert reserves the right, at any time and without prior notice, to modify, discontinue, or restrict, either temporarily or permanently, portions or all of the RewardExpert Website and/or RewardExpert Service. RewardExpert also reserves the right to terminate your license to use our Website and/or Service, and to block or otherwise restrict your access to or use of the services, with or without notice to you, for any or no reason and at any time. Neither we nor our affiliates, third-party providers or licensors (collectively “Affiliates and Providers”) will be liable to you or to any third-party for any modification, restriction, or discontinuance of this Website and/or Service.
RewardExpert has created a service that will help people get the maximum benefit for their spending and flying. RewardExpert grants you a limited and revocable right to use the Service for that limited purpose solely. You represent and warrant that:
Further, you understand and agree:
YOU HEREBY EXPRESSLY APPROVE REWARDEXPERT TO ACT AS YOUR AGENT AND TO LOG INTO THIRD-PARTY WEBSITES USING YOUR LOG-IN CREDENTIALS IN ORDER TO RETRIEVE INFORMATION ASSOCIATED WITH YOUR ACCOUNT WITH SUCH THIRD-PARTY WEBSITES AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE THIRD-PARTIES YOU HAVE THOSE ACCOUNTS WITH.
The right to use the RewardExpert Website and RewardExpert Service is personal and non-transferable. You are responsible for all use of Your Account and ensuring it complies fully with the provisions of this Agreement. You shall also be responsible for protecting the confidentiality of your password. You shall not duplicate, reproduce, redistribute, sell or exploit for any commercial purposes, and of the RewardExpert Service or RewardExpert Content to any third-party.
If you have a free account on the RewardExpert Website and there is no monetary compensation paid by you to RewardExpert, you and RewardExpert agree that the business relationship represents full consideration for this Agreement and that the fulfillment of the obligations under this Agreement does not require monetary compensation from either party.
All RewardExpert Services, information, data and other content, including without limitation: text, audio, video, graphics, web links, software, their selection and arrangement (collectively “RewardExpert Content”), whether they appear on the RewardExpert Website or through communications from RewardExpert, are the proprietary property of either RewardExpert or its Affiliates and Providers and are protected by U.S. and international intellectual property laws. All right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials are reserved by RewardExpert, its Affiliates and Providers.
You may not copy, imitate or use, in whole or in part, or otherwise exploit in any way RewardExpert Content without obtaining prior written consent from RewardExpert or the owner/holder of property rights to the specific element of RewardExpert Content. Nothing in this Agreement, or otherwise between you and RewardExpert, should be construed as granting you a license to RewardExpert Content.
CONTENT ON THE REWARDEXPERT WEBSITE MAY INCLUDE INFORMATION COMPILED BY REWARDEXPERT THROUGH INTERNAL AND EXTERNAL SOURCES AND MAY CONTAIN INACCURACIES AND ERRORS. THE REWARDEXPERT WEBSITE, REWARDEXPERT SERVICE AND REWARDEXPERT CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER REWARDEXPERT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, CONTINUITY, ACCURACY, AVAILABILITY, TIMELINESS, RELIABILITY, SECURITY OR SPEED OF SERVICE, SEQUENCE, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING WITHOUT LIMITATION PRICES, SCHEDULES, FARES, PHOTOGRAPHS, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE LANES, FREQUENT FLYER MILE EARNINGS, HOTEL AMENITIES, HOTEL RATINGS, OR ANY HELP WE MAY PROVIDE VIA E-MAIL, OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
REWARDEXPERT, ITS AFFILIATES AND PROVIDERS MAKE NO REPRESENTATIONS AND GRANTS, NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. ADDITIONALLY, REWARDEXPERT DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE AND SERVICE OR ANY EMAIL SENT FROM REWARDEXPERT IS FREE FROM HARMFUL COMPONENTS OR VIRUSES.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM REWARDEXPERT CREATES ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE AND UNDERSTAND, WITHOUT LIMITATION TO THE FOREGOING, THAT ANY USE OR BROWSING OF THIS WEBSITE BY YOU IS DONE SO AT YOUR OWN RISK. IN EXCHANGE FOR REWARDEXPERT’S PROVISION OF ACCESS AND USE OF THE REWARDEXPERT WEBSITE AND REWARDEXPERT SERVICES TO YOU, YOU AGREE THAT WE ARE ENTITLED TO A LIMITATION OF LIABILITY.
REWARDEXPERT, ITS AFFILIATES AND PROVIDERS, ARE NOT IN ANY EVENT LIABLE ON ANY CLAIMS ARISING OUT OF OR OTHERWISE RELATED OR CONNECTED TO YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS OF THE REWARDEXPERT WEBSITE AND REWARDEXPERT SERVICE, INCLUDING WITHOUT LIMITATION RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE OR OTHERWISE ARISING OUT OF YOUR ACCESS OR USE OF THIS WEBSITE, DAMAGE OR INJURY TO YOUR OR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, OR BUSINESS RESULTING FROM ERRORS OR OMISSIONS ON THE REWARDEXPERT WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ANY CLAIMS BROUGHT UPON ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND INCLUDES WITHOUT LIMITATION ANY CLAIM FOR:
IN NO EVENT WILL REWARDEXPERT BE LIABLE TO YOU OR THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, DISCLOSURE OF DATA, LOSS OF REPUTATION, DEFAMATION, COPYRIGHT OR PATENT INFRINGEMENT, OR CLAIMS BY THIRD PARTIES, OR FOR OTHER COSTS OR CLAIMS, OR ANY FOR OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF REWARDEXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES ARE CAUSED WHOLLY OR IN PARTY BY THE NEGLIGENCE, ERROR, OR OMISSION OF REWARDEXPERT, ITS EMPLOYEES, SUBCONTRACTORS, AND THEIR RESPECTIVE AGENTS.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE REWARDEXPERT WEBSITE OR THE REWARDEXPERT SERVICE, OR ADVICE RECEIVED THROUGH, OR ADVERTISED ON THE REWARDEXPERT WEBSITE OR REWARDEXPERT SERVICE, OR ADVICE RECEIVED AND RELIED UPON THROUGH ANY LINKS PROVIDED IN THE REWARDEXPERT WEBSITE AND REWARDEXPERT SERVICE. THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY PRODUCTS OR SERVICES THROUGH OR ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, RECOMMENDATION OR AFFILIATION OF SUCH WEBSITES, ITS OWNERS, ITS PROVIDERS, PRODUCTS OR SERVICES BY US.
IN NO EVENT SHALL REWARDEXPERT, OR ITS AFFILIATES AND PROVIDERS BE LIABLE TO YOU FOR THE EFFECTS ON YOUR CREDIT ARISING OUT OF OR OTHERWISE RELATED OR CONNECTED TO YOUR APPLICATION FOR ANY CREDIT CREDIT.
Please note that we are under no obligation to operate, maintain or repair the RewardExpert Website or RewardExpert Service or provide RewardExpert Content. RewardExpert has no responsibility or liability for the deletion or failure to store any User Content and other data maintained or transmitted by the RewardExpert Website or RewardExpert Service.
RewardExpert is under no obligation to review any information, messages or other content (“posted material”) posted by users on this Website and assumes no responsibility or liability to the same. We reserve the right to decline and/or remove any such posted material for any reason, including without limitation posted material that may be found to be offensive, indecent, or objection (including but not limited to explicit language).
RewardExpert is not liable in any event for refunding any cost related to travel bookings made in connection the use of the RewardExpert Website or RewardExpert Service, including without limitation the cost of airline tickets or hotel charges, in the form of cash or miles, or fuel, taxes and government fees. Without any limitation to the foregoing, you expressly agree that while RewardExpert may provide expiration dates, it is your sole responsibility to verify the expiration dates directly with the miles or points provider and in the event any rewards are lost as a result of the inaccuracy of an expiration date reported by RewardExpert or any other reason, we are not in any way liable for such loss. RewardExpert is not liable or responsible for any modification or cancellation of your reservations by any corresponding third-party provider. RewardExpert is not responsible for missed flights due to inaccurately reported dates or times of such flights. It is your responsibility to verify the details of your itinerary, including without limitation, airlines, hotels, car rentals, etc., directly with the providers.
The above disclaimers and limitations apply to the fullest extent permitted by law in your jurisdiction. In jurisdictions which do not allow limitations of liability, the foregoing limitation may not apply to you.
If, notwithstanding the limitations above, RewardExpert, its Affiliates and Providers are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of RewardExpert, its Affiliates and Providers will in no event exceed, in the aggregate, (a) the service fees paid by you to RewardExpert, if any, or (b) One Hundred Dollars (US$100.00) or its equivalent in local currency.
Each of the foregoing provisions is severable and independent of all other provisions of this Agreement. The limitations set forth in this section will apply even if any limited remedy fails of its essential purpose. The foregoing shall not apply to the extent prohibited by applicable law. The foregoing limitations of liability inure to the benefit of RewardExpert, its Affiliates and Providers.
You agree to indemnify, defend and hold harmless RewardExpert, and RewardExpert’s officers, shareholders, directors, employers, agents, RewardExpert’s affiliates, and third-party providers (collectively “RewardExpert Indemnified Parties”), from and against all liabilities, obligations, causes of action, losses, damages, deficiencies, taxes and penalties, levies and fines, judgments, settlements, expenses (including reasonable attorney’s and accountant’s fees and disbursements), including without limitation, damage to property or bodily injury, and costs arising from a claim, demand, proceeding, suit or action by a third-party (“Third Party Claims”), incurred by or asserted against any of the RewardExpert Indemnified Parties to the extent such Third Party Claims relate to or arise out of your access or use of RewardExpert Website, Service and Content, including but not limited to:
The foregoing indemnity shall survive termination of this Agreement.
This Agreement is effective as of the date of your acceptance by means of clicking on the ‘Register Now’ button on the RewardExpert Website or otherwise as part of the registration process, or as of the date of your first access and/or use of the RewardExpert Service, whichever is earliest.
These Terms will continue to apply to you until either of you or RewardExpert terminates this Agreement.
In its sole discretion, and for any or no reason at all, RewardExpert may restrict, suspend, or terminate your access to all or any part of the RewardExpert Website and Service, delete your User Content, data, account, or any other information associated with you, and terminate this Agreement at any time, without prior notice. You agree, to the fullest extent permitted under applicable law, that upon termination, RewardExpert shall have no liability or responsibility to you, except as otherwise provided in this Agreement.
RewardExpert may make a reasonable effort to notify you upon termination and its effective date. However, lack of such notice shall not be construed as a limitation of RewardExpert’s ability to terminate without notice.
You may also terminate this Agreement at any time by requesting termination of your account with RewardExpert through the Contact Us button on the Website. Non-use by you of the Website or Service for any period of time does not constitute termination of this Agreement.
The RewardExpert Website and Service is controlled and offered by RewardExpert.com Inc. in the U.S. Please note that RewardExpert makes no representations that the RewardExpert Service is appropriate or available for use in other locations outside of the U.S. If you access or use the RewardExpert Website or Service from other jurisdictions outside the U.S., you do so at your own will and are responsible for compliance with local law, if and to the extent local laws are applicable.
This Agreement, and all legal issues arising from or related to the RewardExpert Website and Service, shall be interpreted, governed by, and construed in accordance with the laws of the State of Delaware without regard to that state’s choice or conflict of law provisions.
Should a problem or dispute arise, you agree to give RewardExpert an opportunity resolve and disputes or claims arising out of or otherwise related or connected to our Website and Service by using the Contact Us link on the RewardExpert Website.
If within 45 days we are unable to resolve the matter, any and all disputes between you and RewardExpert will be resolved by binding Arbitration as set forth in the Arbitration Agreement below. By agreeing to these Terms, you agree to forego your right to go to court to assert or defend your rights under this Agreement in all matters, except those which may be properly taken to small claims court, where your rights will be determined by a neutral arbitrator and your claims cannot brought as a class action. Please note there is no judge or jury in arbitration and that court review of arbitration awards is limited, however, an arbitrator can award on an individual basis the same damages and relief as court and is required to follow and enforce this Agreement as a court would.
You and RewardExpert agree that any dispute, claim or controversy arising out of or otherwise related or connected to the use or access or lack of use or access of our Website, Service, user interfaces, or these Terms and Agreement shall be determined by binding arbitration or small claims court, where applicable, instead of in a court of general jurisdiction. You and RewardExpert agree that this arbitration agreement also extends and applies to the determination of the scope or applicability of this agreement to arbitrate.
You agree that, by entering into this Agreement, you and RewardExpert are each waiving the right to a trial by jury or to participate in a class action. The interpretation and enforcement of this provision is governed by the Federal Arbitration Act. This arbitration provision survives both the termination of your use of the RewardExpert Website and Service and the termination of this Agreement.
In order to seek arbitration, you must first send a written Notice of Dispute (“Notice”) to RewardExpert via certified mail to: RewardExpert.com Inc., 2605 East 15th Street, Suite 204, Brooklyn, New York 11235 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we cannot resolve the claim by mutual agreement within 30 calendar days of receipt of Notice, either you or RewardExpert may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by you or RewardExpert shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RewardExpert is entitled. A copy of a form Notice and a form to initiate arbitration is available at www.adr.org
The arbitration shall be governed and administered by the American Arbitration Association (“AAA”) under its rules, including the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules”), as modified by this Agreement, which are available online at www.adr.org , by calling the AAA at 1-800-778-7879, or by written request to the Notice Address.
In the event the sum of your claims seeks less than US$10,000, we will reimburse you for filing fees paid to the AAA and will pay the arbitrator’s fees, unless the arbitrator determines your claims are frivolous. At your discretion, arbitration may be conducted by telephone, on the basis of written submissions, or in person in the state where you live or at another mutually agreed to location.
In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorney’s fees. Arbitration decisions may be confirmed by any court with competent jurisdiction.
Notwithstanding any provision in this Agreement to the contrary, we agree that any future changes made by RewardExpert to this arbitration provision, except a change to the Notice Address, may be rejected by you via written notice within 30 days of the change to the above specified Notice Address. Rejection of such a change by you as prescribed above, constitutes your agreement to arbitrate any dispute between you and RewardExpert in accordance with the language of this provision, and your agreement to promptly cease your use of the RewardExpert Website and RewardExpert Service.
RewardExpert, in its sole discretion, at any time and without prior notice, reserves the right to modify this Agreement and any of its terms. The entire modified Agreement will take effect immediately upon publication, even if you do not receive the notification, or if you do not explicitly acknowledge acceptance of the modified Agreement, for whatever reason. After the date of publication, any access or use by you of the RewardExpert Website, also constitutes your acceptance of the modified Agreement.
In order to be enforceable, any modification or amendment to this Agreement shall either: (a) be in writing and published in accordance with the Terms of this Agreement or otherwise communicated to you by RewardExpert, or are signed by authorized representatives of both parties.
Waiver by either party of any term or condition contained herein in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.
RewardExpert may assign this Agreement, either in whole or in part, at any time and without prior notice. You shall neither assign nor delegate its rights or obligation, neither in whole or in part to any person or entity.
You agree that your breach of this Agreement will cause irreparable harm to RewardExpert, for which monetary damage would be difficult to ascertain or insufficient to remedy, thereby entitling RewardExpert to immediate, injunctive relief without the requirement of posting bond or paying costs.
Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement survives this Agreement for the period of such performance or observance.
In the event any term, covenant, condition or provision of this Agreement or its application thereof to any person or circumstance shall at any time or to any extent be determined to be invalid or unenforceable under any provision of applicable law, then such provision shall be replaced by a valid provision which comes closest to the intentions of the parties to this Agreement. Should one or more of the provisions of this Agreement be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity or enforceability of the remaining provisions of this Agreement, which will remain in full force and effect. If at any time RewardExpert’s fails or delays enforcement any provision of this Agreement, such failure or delay does not waive our right to enforce the same or any other provision(s) of the Agreement in the future.
Any rights not herein expressly granted are reserved to RewardExpert.
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