Terms of Service

Effective Date: July 13, 2011

This Terms of Service (“Terms of Service”) explains how Redeemr, Inc. (“Redeemr”) allows its services to be used and applies to all existing users as well as new users who register on our site on or after the Effective Date stated above. Terms of Service may be updated by us at any time without notice to you. Changes will be effective upon the posting of the new Terms of Service. By visiting our site(s), you agree that your use of Redeemr indicates your acceptance to the Terms of Service.

You can only use Redeemr if you:

• At any point in the past you have not been removed or suspended from Redeemr;
• Only have at max one user account (“RedeemrID”);
• Have full legal authority to agree with Terms of Service;
• Won’t perform any acts - intentional or accidental - that will harm Redeemr’s business or product;

You agree to the following when using Redeemr:

• You can legally form a binding contract;
• Your account provides true, accurate, current and complete information about yourself;
• You are not impersonating someone else;
• You are not creating multiple RedeemrIDs;
• You are responsible for maintaining the confidentiality of your password;
• You will not use the site or the content on Redeemr in a manner that violates any applicable law, regulation or this agreement;
• If you create, register or use a business account on Redeemr, then you are an authorized representative of the business;
• If you create, register or use a business account on Redeemr, then the account represents an established business as defined by the local, state, or country law;

We reserve the right to suspend, destroy, or close your account at any time for any or no reason.

Businesses

Businesses can create rewards to give to their qualifying customers through Redeemr. By accepting this Terms of Service, you agree to the following:

• You will only enroll or collect customers who have knowingly and voluntarily given you their RedeemrID for the purpose of enrolling, earning, and redeeming rewards at your business;
• You will not ask or collect highly sensitive private information using Redeemr including, but not limited to, customer’s social security numbers and/or debit/credit card information;
• You will not send any unsolicited, illegal and/or prohibited messages to your customers using Redeemr;

Your Rights and Restrictions on Use

Redeemr is protected by copyright, trademark, trade secret and other intellectual property laws. You are only granted the right to use its services and Redeemr reserves all rights of ownership in the services not granted to you in writing here. Redeemr grants to you a personal, limited, nonexclusive, nontransferable right to use the services that is valid only for the period of use while your account is active, your payment obligations to Redeemr are met and only for the purposes described by Redeemr on our site.

Unless authorized by Redeemr in writing, you are restricted from the following:

• Providing access to or giving any part of the services to any third party;
• Duplicating, copying, reverse-engineering, selling, trading, reselling or reproducing any of the services;
• Attempting to access any accounts that you do not own or represent;
• Overloading Redeemr systems;
• Cheating or using any parts of Redeemr’s services to earn rewards, discounts, offers, promotions in a way it was not intended to be used;

If any of these terms or any part of this agreement are violated, your right to use the services may be terminated by Redeemr in its sole discretion.

Content

You are legally responsible for all content you post, create, write or store on Redeemr. You will not hold Redeemr responsible for any content that is lost or unrecoverable through the use of Redeemr.

You grant Redeemr a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, imporove, distribute, publish, remove, retain, add, process, analyze, use and commercialize the content, ideas, concepts and techniques you submit to Redeemr, without any further consent, notice and/or compensation to you or to any third parties.

Inactive User and Business Accounts

We hold all rights to destroy any unpaid or inactive accounts along with the data associated with such accounts.

Cancelling the Service

You have the right to cancel your service at any time by emailing team@redeemr.com. Even with a cancelled account, you are fully required to pay the rest of your payment obligations to Redeemr as defined by any service contracts.

Privacy Policy

You have read through, fully understand, agree and consent to Redeemr’s privacy policy practices located in Privacy Policy our website.

Rewards

Businesses reserve the right to make edits or completely remove any portion of their reward program, in whole or in part, at any time. However, businesses are responsible to give the specified reward to their customers who have rightfully, as indicated by this Terms of Service, earned the specified reward. You will not hold Redeemr responsible for the behavior of businesses on Redeemr. You will not hold any businesses or Redeemr liable for any direct, indirect, special, punitive, consequential or other damages arising out of your use of their reward program.

Payment

Redeemr reserves the right to require payment of fees for certain features of the service. Should you elect to use to such features, you shall pay all applicable fees, as describes on our website in connection with such features. We reserve all rights to change its pricing and to institute new charges at any time, with or without any prior notice.

Indemnity

You agree to indemnify and hold Redeemr and its subsidiaries, affiliates, officers, agents, employes, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through Redeemr services, your use of Redeemr services, your violation of the Terms of Services or your violation of any rights of another.

Disclaimer

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. REDEEMR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REDEEMR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM REDEEMR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.

Limitations of Liability

YOU AGREE THAT REDEEMR SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF REDEEMR HAS BEEN ADVISED OF THE POSSIBILITY OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH REDEEMR RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL REDEEMR'S LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO REDEEMR FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND REDEEMR IN THESE TERMS.

General

Questions about the Terms of Service should be addressed to team@redeemr.com or by mail at:

Redeemr, Inc.
Attention: Terms of Service
301 Executive Park Blvd.
Unit #719
San Francisco, CA 94134 USA