PLEASE READ THE FOLLOWING TERMS OF USE AND
DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing
or using this Site, you agree to these terms of use, conditions and all
applicable laws. If you do not agree to these terms you may not use this
Site.
MODIFICATION OF THESE TERMS OF USE.
REWARDSCOUNTRY reserves the right to change the terms, conditions, and
notices under which the REWARDSCOUNTRY Web Site is offered, including but
not limited to the charges associated with the use of the REWARDSCOUNTRY Web
Site. You are responsible for regularly reviewing these terms and
conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the REWARDSCOUNTRY Web Site is for your personal
and noncommercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the REWARDSCOUNTRY Web Site.
You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
electronically copy, download and print hard copy portions of the material
from the different areas of the Site solely for your own noncommercial use,
or to place an order with or through REWARDSCOUNTRY or to purchase
REWARDSCOUNTRY products. Any other use of materials on this Site, including
but not limited to the modification, reproduction, distribution,
republication, display or transmission of the content of this Site, without
prior written permission of REWARDSCOUNTRY is strictly prohibited.
Harassment in any manner or form on the Site including via e-mail and chat
or by obscene or abusive language is strictly forbidden. Impersonation of
others, including a REWARDSCOUNTRY employee, host, or representative or
other members or visitors on the Site is prohibited. You may not upload to,
distribute, or otherwise publish through the Site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any party
or otherwise give rise to liability or violate any law. You may not upload
commercial content on the Site or use the Site to solicit others to join or
become members of any other commercial online service or other
organization. You may not sign up anyone but yourself for any products,
offers, contests or email lists unless specifically stated.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work under the United States and
other copyright laws, and is the property of REWARDSCOUNTRY. The collective
work includes works that are licensed to REWARDSCOUNTRY. Copyright 2006,
2007 ALL RIGHTS RESERVED. All trademarks, service marks, and trade names
(collectively the "Marks") are trademarks or registered trademarks of and
are proprietary to REWARDSCOUNTRY, or other respective owners that have
granted REWARDSCOUNTRY the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the address listed at
the bottom of this document. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING
WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
TYPOGRAPHICAL ERRORS.
In the event a REWARDSCOUNTRY product or service is listed at an incorrect
price due to typographical error or error in pricing information received
from our suppliers, REWARDSCOUNTRY shall have the right to refuse or cancel
any orders placed for product or service listed at the incorrect price.
REWARDSCOUNTRY shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
canceled, REWARDSCOUNTRY shall issue a credit to your credit card account in
the amount of the incorrect price.
TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the
Site and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be modified or terminated by REWARDSCOUNTRY
without notice at any time for any reason. The provisions relating to
Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability,
Indemnification, Applicable Laws, Arbitration and General, shall survive any
termination.
USER PARTICIPATION.
REWARDSCOUNTRY does not and cannot always review all communications and
materials posted to or linked through listings on the Site and is not in any
manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and
distribute user generated content on the Site, REWARDSCOUNTRY is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the Site.
However, REWARDSCOUNTRY reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) violates
any law or regulation or (e) offensive or otherwise unacceptable to
REWARDSCOUNTRY at its sole discretion. Note that any personally identifiable
information you may post or transmit will be treated by REWARDSCOUNTRY in
accordance with REWARDSCOUNTRY's
Privacy Statement.
USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you
under the guidelines established in our
Privacy Statement, any
material, information or other communication you transmit, upload or post to
this Site ("Communications") will be considered non-confidential and
non-proprietary. REWARDSCOUNTRY will have no obligations with respect to the
Communications. REWARDSCOUNTRY and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein for any
and all commercial or noncommercial purposes.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site contains
links to other sites on the Internet that are owned and operated by third
party vendors and other third parties (the "External Sites"). However, even
if the third party is affiliated with REWARDSCOUNTRY, REWARDSCOUNTRY has no
control over these linked sites, all of which have separate privacy and data
collection practices, independent of REWARDSCOUNTRY. REWARDSCOUNTRY has no
responsibility or liability for these independent policies or actions and is
not responsible for the privacy practices or the content of such web sites.
These linked sites are only for your convenience and therefore you access
them at your own risk. Links do not imply that RewardsGold sponsors,
endorses, is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark, design, logo,
symbol or other copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, REWARDSCOUNTRY seeks to protect the
integrity of its Site and the links placed upon it and therefore requests
any feedback on not only its own Site, but for sites it links to as well
(including if a specific link does not work). You should contact the Site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
EMAIL.
REWARDSCOUNTRY never intentionally sends out unsolicited email. Email
lists are compiled with the email addresses of individuals who have
requested membership on a list. The majority of our email
communications carry unsubscribe links which enable REWARDSCOUNTRY to remove
any individual that requests removal within a reasonable amount of time from
the email list.
STATE OF MAINE
By using this site, residents of the State of Maine agree that they are at
least 18 years of age. Residents of the State of Maine who are under 18
years of age must have received parental permission to use this Site.
REWARDSCOUNTRY has instituted measures to attempt to prevent visitors who
are under 18 years of age and residents of the State of Maine from providing
personal information to REWARDSCOUNTRY.
In the event that any resident of the State of Maine who is under 18 years
of age provides any personal information to
REWARDSCOUNTRY, REWARDSCOUNTRY will be
held harmless of any damages arising thereto by the breech of any state law
and will not be responsible for any penalties, fines, or fees.
DISCLAIMER.
REWARDSCOUNTRY makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site or External
Sites. REWARDSCOUNTRY does not filter advertisements or other content that
children may view through our sites or "hot-linked" sites, and they could
receive content and materials from the Internet and/or advertising that are
inappropriate for children. We encourage parents and guardians to spend time
online with their children and to consider using an electronic filtering
software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS
SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REWARDSCOUNTRY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. REWARDSCOUNTRY DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. REWARDSCOUNTRY DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL REWARDSCOUNTRY BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF REWARDSCOUNTRY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless
REWARDSCOUNTRY, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your Internet account (including
negligent or wrongful conduct), by you or any other person accessing the
Site using your Internet account.
APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the
State of New York, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this Site (including
but not limited to the purchase of REWARDSCOUNTRY products) . Any cause of
action or claim you may have with respect to the Site (including but not
limited to the purchase of REWARDSCOUNTRY products) must be commenced within
one (1) year after the claim or cause of action arises. REWARDSCOUNTRY's
failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions.
REWARDSCOUNTRY may assign its rights and duties under this Agreement to any
party at any time without notice to you.
ARBITRATION.
By using this Site, you agree that REWARDSCOUNTRY, at its sole discretion,
may require you to submit any disputes arising from the use of this Site, or
these Terms and Conditions concerning or, including disputes arising from or
concerning their interpretation, violation, nullity, invalidity,
non-performance or termination, as well as disputes about filling gaps in
this contract or its adaptation to newly arisen circumstances, to final and
binding arbitration under the International Rules of Arbitration of the
American Arbitration Association, by one or more arbitrators appointed in
accordance with the said Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of the state as set forth in the
previous section. Any award in an arbitration initiated under this
clause shall be limited to monetary damages and shall include no injunction
or direction to any party other than the direction to pay a monetary amount.
Further, the arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the prevailing party's actual
damages in any arbitration initiated under this section, except as may be
required by statute.
GENERAL.
REWARDSCOUNTRY may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these Terms may
be superseded by expressly designated legal notices or terms located on
particular pages at this Site.