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REWARD SALAD PROGRAM AGREEMENT

 

This Reward Salad Program Agreement governs the terms and conditions on which you may participate in Reward Salad and use services that we provide to you. Please read this Agreement carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.

Please read this privacy policy so that you can make informed decisions about participating in Reward Salad or using our services. By participating in Reward Salad or using our services, you agree to the provisions of Agreement.

Rewards Network Inc. and its affiliates operate Reward Salad and provide services to you. In this Agreement, words like "we", "us" and "our" refer to Rewards Network Inc. and our affiliates, collectively.

General

1. To become a member of and participate in Reward Salad, 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.

2. To participate in Reward Salad, you must register with us at least one valid Visa®, MasterCard®, American Express® or Discover® payment card. The term "payment card" includes credit cards, debit cards and other pre-paid payment cards, such as gift or rewards cards. We refer to the payment card(s) that you register with us as "Registered Cards". You may register up to 5 Registered Cards at any time.

3. We operate many different rewards programs. A Registered Card may relate to only one program that we operate. If a Registered Card is registered in a second program that we operate, we will cancel that Registered Card's participation in the first program that we operate. You are responsible for registering a new payment card with us if your Registered Card is no longer valid.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 email address changes.

4. We provide you information about Reward Salad by posting such information on our Web site at Reward Salad.com. You agree to receive this information via our Web site. We may provide information or notices to you by other means, including email, but we are not required to do so. You agree to visit our Web site regularly to view any changes to this Agreement or other important information about your participation in Reward Salad. You may request paper copies of information posted at our Web site by calling our Member Services representatives, but certain information may be available only at our Web site.

Rewards We Provide

5. You are eligible to earn rewards as provided in this Agreement when you use a Registered Card to make a purchase at a business that participates in Reward Salad, such as a restaurant, bar, or club. We refer to the businesses that participate in Reward Salad as "Participating Merchants".

6. The rewards in Reward Salad consist of benefits that we may provide to you as rewards cards, checks, cash credits on your Registered Card or other payment devices in the amount of your reward. If you want to earn a different form of rewards, such as airline frequent flier miles or loyalty program points, you may join one of the other rewards programs that we operate. We reserve the right to change the type of reward that we provide to you at any time. We also 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. If your qualifying purchase is in a currency other than U.S. dollars, we will do a currency conversion for the qualifying transaction based on a conversion rate selected by us to determine your reward.

7. You will receive rewards for a purchase at a Participating Merchant only if the business is a Participating Merchant on the date of the purchase. You will not receive rewards for a purchase if our Web site indicates that no rewards are being offered or given for the type of purchase you made.

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.

9. The rewards that you earn may vary depending on a variety of factors, such as the Participating Merchant and your level of activity within Reward Salad. Other conditions for earning rewards (for example, submission of a survey within a specified time period or building a minimum amount of benefits within a specified period of time) may be applicable. Information on the type, amount, limits and other conditions on rewards, as well as on current Participating Merchants, is posted on our Web site. You are responsible for reviewing this information before you make a purchase at a Participating Merchant, as these details may change from time to time and may affect the rewards you receive. We provide mobile smartphone applications that you may use to get information about Reward Salad and the rewards that are available at Participating Merchants. The mobile smartphone applications may not provide all of the limits and other conditions for earning rewards and may not reflect future changes in your Reward Salad status when displaying rewards for future dates. You should refer to the Web site for limits and other conditions on rewards and the amount of rewards available for future dates.

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.

Receipt of Rewards

11. We may provide that if you do not have a qualifying purchase in Reward Salad during a specified period of time, the rewards that you are building that have not yet been paid to you may expire and no longer be available. All account inquiries or disputes related to a reward must be received by us within 90 days of the qualifying purchase or you will forfeit your rights to that reward.

12. You are responsible for any tax consequences resulting from your receipt of rewards from Reward Salad. We may report rewards provided to you to relevant tax authorities.

Mandatory Arbitration

13. You agree that:

(a) Any claim, dispute, or controversy between you and us, our subsidiaries, our affiliates, and/or any holder of this Agreement, or the employees, agents or assigns of any of them (collectively, "Rewards Network"), arising from or relating to Reward Salad, this Agreement (or any prior agreement between you and us), or the relationships that result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum ("NAF"), under the Code of Procedure ("Code") of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling (800) 474.2371.

(b) You and Rewards Network will each be responsible for paying their own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, Rewards Network will pay your arbitration fees due to the NAF; for a larger Claim, Rewards Network will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. Rewards Network will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.

(c) The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.

(d) You can reject the arbitration provisions in Section 13(a), (b), and (c) ("Arbitration Provisions") by providing us written notice, signed by you, within thirty (30) days of enrolling in Reward Salad for the first time. Please send the written notice to Rewards Network Services Inc., Two North Riverside Plaza, Suite 950, Chicago, Illinois 60606, Attention: Chief Compliance Officer.

Limit on Liability and Indemnity

14. You agree that:

(a) Reward Salad is provided "as is" and, to the maximum extent permitted by law, we disclaim any express or implied warranties with respect to Reward Salad, including any implied warranties of merchantability or fitness for a particular purpose.

(b) We will not be liable for any damage that you may suffer in connection with your participation in Reward Salad, unless the damage results directly from our failure to perform our express obligations under this Agreement. In no event will we be liable for any damage caused by any act or omission of a Participating Merchant.

(c) We will not be liable to you or any other person for any indirect, special, incidental, contingent, consequential, reliance or special damages (including lost profits) in connection with this Agreement or Reward Salad, whether or not we have been advised of the possibility of such damages.

15. You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your alleged violation of this Agreement, or your improper participation in Reward Salad.

Changed Terms and Cancellation

16. This Agreement is binding upon you at the time you enroll in Reward Salad. We may, from time to time, change this Agreement (including any rewards available under Reward Salad) by adding, modifying or deleting any term or condition. Any addition, modification or deletion will be effective upon posting to our Web site, although we may provide you notice by other means.

17. You may cancel this Agreement at any time by providing notice to us. We may cancel this Agreement at any time, with or without cause, by providing you notice. We also may cancel this Agreement, or suspend your participation in Reward Salad, immediately and without notice if (i) you do not perform your obligations under this Agreement, (ii) you provide us any false or misleading information, (iii) you engage in any illegal or improper transaction, (iv) you engage in behavior we deem to be abusive to us, our employees, or to Reward Salad, (v) you do not make a qualifying purchase at a Participating Merchant for over 180 days, or (vi) we terminate Reward Salad. Sections 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24, and 25 will survive cancellation of this Agreement.

Additional Terms

18. All reviews, surveys, comments, feedback, and other information about your dining experiences, Participating Merchants, or participation in Reward Salad disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted (in whole or in part) by us consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a non-exclusive, irrevocable assignment to us of all worldwide rights, titles, and interests in all intellectual properties of the Comments. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

19. You agree to pay us any fees (including membership fees) that we charge, from time to time, in connection with Reward Salad, along with all applicable taxes thereon.

20. You agree that we may provide to (and receive from) Participating Merchants, and the issuer of your Registered Card, information about you, your Registered Card and your participation in Reward Salad, in connection with our operation of Reward Salad, including in connection with determining your eligibility for rewards and compliance with this Agreement, and requesting that you receive rewards.

21. You agree to the terms of our Privacy Policy, as posted on our Web site from time to time. In addition, when you use our Web site, you agree to the Terms of Use for the Web site, which are posted on our Web site, as in effect from time to time. The terms of the Privacy Policy and Terms of Use for the Web site are hereby incorporated into this Agreement.

22. Participating Merchants are not our agents, and have no authority to take any action or make any commitments on our behalf. You and we are the only parties that may enforce this Agreement; there are no third party beneficiaries of this Agreement (except persons expressly included in the scope of Sections 13, 14 and 15 who shall be included to enforce the provisions of those sections).

23. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration Provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, the entire Section 13 shall be unenforceable.

24. You may not assign your rights under the Agreement or in Reward Salad without our prior written consent. We may assign this Agreement, or any or all of our rights in Reward Salad, without notice to you.

25. Any waiver by us of our rights under this Agreement must be in writing and signed by us. A waiver of a right by us in one instance will not limit our ability to enforce the right in another instance.

26. This Agreement, and the relationship between you and us, shall be governed by the laws of the State of Illinois, without regard to choice of law principles, except that Section 13 shall be governed by the Federal Arbitration Act and not Illinois law.

The Terms and Conditions were last revised on October 1, 2010.

 

Web Site Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE

Rewards Network Inc. and its affiliates operate this Web site. In these Terms of Use, words like "we", "us" and "our" refer to Rewards Network Inc. and our affiliates, collectively. By accessing the Web site, you agree to these Terms of Use. These Terms of Use apply exclusively to your access to and use of the Web site, and does not alter any other agreement you may have with us.

USE OF THE SITE:

The Web site may be used for obtaining information about, enrolling and participating in, Reward Salad, a rewards program that we operate, or using other services that we may provide to you. In order to access the Web site, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract and agree to these Terms of Use.

PASSWORDS

We may establish an account on the Web site for you in which you can obtain information, from time to time, about your participation in Reward Salad. Access to your account at the Web site requires you to use a login identification, which we refer to as a Login ID, and password that you select. You agree to keep your Login ID and password confidential and not share them with anyone else. We may treat any person using your Login ID and password to have authority to access your account and act on your behalf with respect to Reward Salad and the services we provide.

LIMITED LICENSE:

We grant you a non-exclusive, non-transferable, limited right to access, display and use the Web site, and all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials (we refer to these items collectively as "Contents") on the Web site, for your personal, non-commercial purposes.

We also authorize you to download Content on the Web site, subject to your agreement that: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your personal use in learning about, evaluating, or participating in programs offered by us, and not for any commercial purposes; (3) you may not modify the Content, or sell, assign or transfer the Content to any person; (4) you may not reproduce, disclose, display or distribute the Content in any public or commercial manner; and (5) you will not alter or remove any copyright notice, proprietary legend or other notice contained in any Content.

The Web site as a whole, and all Content, is protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to us, unless otherwise noted. The Web site contains our service marks, including, but not limited to Rewards NetworkSMand Reward Salad®. All rights in the intellectual property relating to the Web site and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Web site or the Content.

ASSISTIVE TECHNOLOGY USERS:

We strive to provide the best guest experience for all visitors to our Web sites. We are committed to continuing to find ways to enhance and improve the experience for all guests, including those using assistive technologies. For help regarding your online experience, including assistance with the completion of member surveys, please call (866) 879-3463.

USER CONDUCT:

You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Web site, or any services, system resources, accounts, servers or networks connected to or accessible through the Web site or affiliated or linked Web sites; (2) disrupt or interfere with any other person's access, use or enjoyment of the Web site or affiliated or linked Web sites; (3) upload, post or otherwise transmit through or on the Web 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 Web site; (5) attempt to obtain unauthorized access to the Web site or portions of the Web 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 Web site.

LINKS:

The Web 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 Web site. Any unauthorized links or false or misleading uses of the Web site or our trademarks or service marks is prohibited. You may not use any robot, spider or other device to monitor Content on the Web site.

INFORMATION PROVIDED BY YOU:

All surveys, reviews comments, feedback, and other information about your dining experiences, Participating Merchants, or your participation in Reward Salad disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments")may be used and disclosed by us (in whole or in part) consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a non-exclusive, irrevocable assignment to us of all worldwide, transferable rights, titles, and interests in all intellectual properties of the Comments. You warrant that: (i) any use of Comments by us or others will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

LIMITATION OF DAMAGES:

All information provided on the Web site is subject to change without notice. While efforts have been made to make the Web site helpful and accurate, we do not warrant the accuracy of the information on the Web site. We do not provide a warranty regarding virus-free use of the Web site or use of any Content downloaded from the Web site.

THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

INDEMNITY

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your use of the Web site, except to the extent that we fail to perform our express obligations to you under this Agreement.

MANDATORY ARBITRATION

Any claim, dispute, or controversy between you and us or any holder of this Agreement, or the employees, agents or assigns of any of them, arising from or relating to the Web site or this Agreement (or any prior agreement between you and us with respect to the Web site), or the relationships which result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum ("NAF"), under the Code of Procedure ("Code") of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling (800) 474.2371.

You and we will each be responsible for paying our own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, we will pay your arbitration fees due to the NAF; for a larger Claim, we will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.

If you are enrolled in a program, and the agreement we have with you for the program has an arbitration provision, this arbitration provision will not apply to the extent that the arbitration provision in the other agreement applies.

CHANGES:

We reserve the right, at our sole discretion, to modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Web site. Your continued use of the Web site after any changes to this Agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of the Web site, including the availability of any features of the Web site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Web site without notice or liability.

ENFORCEMENT AND CHOICE OF LAW:

This Agreement shall be governed by the laws of the Illinois, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in this Agreement shall be unenforceable.

OUR PRIVACY POLICY:

Our privacy policy describes the types of information that we may collect when you visit the Web site and how we may disclose that information. By using the Web site, you agree to the terms of the Privacy Policy.

ENTIRE AGREEMENT:

Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Web site. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.