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About Us Contact Us Privacy Terms Review Guidelines Missing Rewards Submit a
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 1. Eat Around Town by Marriott Bonvoy Help Center
 2. Ancillary
 3. About Us




ARTICLES IN THIS SECTION

 * About Us
 * Contact Us
 * Privacy Policy
 * Terms of Use
 * Review Guidelines


TERMS OF USE

 * Updated July 19, 2022 18:54

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

 * Dining Terms
 * Events and Specials Terms

Rewards Network Establishment Services Inc. and its affiliates (“we,” “us,” and
“our”) have collaborated with Marriott Bonvoy® (“Rewards Partner”) to provide
Eat Around Town by Marriott Bonvoy (“Program”). By accessing this website or
mobile application (collectively, “Site”) and/or participating in the Program,
you agree to these terms of use, including our Privacy Policy. Please read these
Terms carefully as they contain very important information about terms
applicable to use of the Site and participation in the Program. These Terms are
between you and us, and there are no third-party beneficiaries of these Terms.
THESE TERMS CONTAIN AN ARBITRATION PROVISION.

You may visit this Site without registering or providing us any information.
Participation in the Program will require enrollment in the Program and
enrollment of your personal information as described herein. If you do not agree
to these Terms, please exit this Site and, if you are enrolled in the Program,
cancel your enrollment by following the instructions in the “Cancellation and
Termination” section of these Terms.

 * Privacy Policy
 * Changes to Terms
 * Program Rewards
 * Reward Limitations and Restrictions
 * Limits on Linked Cards
 * Use of the Site
 * Limited License
 * Copyright Notice
 * User Conduct
 * Links
 * Warranty Disclaimer
 * Limitation on Damages
 * Indemnity
 * Mandatory Arbitration
 * Enforcement and Choice of Law
 * Cancellation and Termination
 * Assignment and Transfer
 * Contact Us


PRIVACY POLICY

In addition to these Terms, our Privacy Policy, which describes what information
we collect about you and how we use it and share it, governs your use of the
Site and enrollment in the Program.


CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify, add, or remove any
portion of these Terms in whole or in part, at any time. Modifications will be
posted on the Site and will be effective immediately upon posting (or such
effective date as may be indicated at the top of the revised Terms), and we will
otherwise strive to provide you notice of such changes. Any use of the Site or
any service provided via the Site or continued participation in the Program
following such change constitutes your agreement to the change. Online
modifications and amendments supersede any printed version/copy of these
policies, terms, and conditions.


PROGRAM REWARDS

When you have a qualifying purchase at a restaurant in the Program
(“Participating Merchant”) with an eligible credit and/or debit card that you
have enrolled in the Program (“Linked Card”), we will work with Rewards Partner
to award you the reward stated on the Program Site or promotional materials,
subject to the terms and conditions stated on the Program Site or promotional
materials, which are incorporated into these Terms by this reference. See "How
It Works" for current information on rewards requirements and benefits. You
authorize the applicable Payment Card Network (as defined below) to share with
us Linked Card purchase or return transaction information, such as the time,
date and amount, at Participating Merchants. Program benefits are subject to
change at any time.


REWARD LIMITATIONS AND RESTRICTIONS

Not all purchases at Participating Merchants will yield rewards. You will not
receive rewards for a purchase from a Participating Merchant unless your
purchase with your Linked Card meets the terms of a qualifying purchase. For
instance, purchases with your Linked Card at a Participating Merchant may
qualify only up to a specified dollar amount, or only if made during certain
time periods on specified days, or may be subject to other restrictions included
on the Site. You should refer to the Participating Merchant’s details web page
on the Site or, for a promotional offer, the terms stated on the promotion for
the specific terms applicable for a qualifying purchase. Other conditions for
earning rewards (for example, submission of a survey within a specified time
period or building a minimum amount of rewards within a specified period of
time) may be applicable.

Not all payment cards are eligible to participate in the Program. Certain
payment cards (such as gift cards, flexible spending accounts or EBT cards) may
not be processed through American Express®, Mastercard®, Visa®, Discover® or
another payment card network (each, “Payment Card Network”), or a payment card
processor and are therefore not eligible to participate. Your Linked Card may
not be monitored for eligibility to earn rewards through some Payment Card
Networks or payment card processors, that cannot identify our merchants. In
addition, depending on the Payment Card Network or payment card processor, some
transactions with your Linked Card (for example, PIN-based transactions, or
transactions through a third-party payment mobile application), may not be
monitored for eligibility to earn rewards. Please do not use a debit card PIN or
a third-party payment app if you want a qualifying purchase to earn rewards.
Certain corporate payment cards may be ineligible to earn rewards through the
Program. If you attempt to link an ineligible card, you will receive an error
message.

The rewards for which you are eligible may vary depending on a variety of
factors, such as the Participating Merchant and your level of activity within
the Program. You may be eligible for rewards and offers that are not available
to others, and other rewards and offers may not be available to you. Information
on the type, amount, limits, and other conditions on rewards and offers
available to you, as well as current Participating Merchants, are available by
signing in to your Program account with your unique login ID. 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 and offers you receive. Reward Partner’s program may also
contain terms and conditions that govern the award or redemption of, or other
terms related to, rewards and rewards under the Program are subject to Reward
Partner’s Terms of Use.

In some cases, a Participating Merchant’s payment card processor may experience
a lag time (approximately 24 hours) between when a credit and/or debit card is
linked to a Program account and when the payment card processor is able to
identify and provide us with the dining transaction data associated with that
Linked Card. If you believe that you are eligible for rewards for dining at a
Participating Merchant, and those rewards have not registered in your Program
account within 10 days of the dine, please contact the Program’s Member Services
at (866) 884-3463. We reserve the right to require that you provide a receipt
from the Participating Merchant or documents reasonably required by us to
evidence an eligible transaction in order to receive your reward.

We and Rewards Partner are not responsible for income tax or other tax liability
(if any) associated with rewards you earn under the Program.


LIMITS ON LINKED CARDS

We operate many different rewards programs, of which this Program is only one. A
list of the rewards programs we operate is available here. You may link up to
twelve (12) Linked Cards with us as part of the Program, but any one eligible
credit and/or debit card may be linked with only one program. If you
subsequently link a Linked Card with another program that we operate, we will
remove your Linked Card from participation in this Program, and that Linked Card
will earn rewards under the new program and not under the original Program.
Likewise, if your Linked Card was previously linked with us in another program
that we operate, we will remove that Linked Card from participation in the other
program, and that Linked Card will earn rewards in this Program. You will be
notified if your Linked Card has been removed from one program because it has
been linked in another program that we operate. For example, if you are a member
of our Rewards Network-owned program, https://neighborhoodnoshrewards.com/
("Neighborhood Nosh"), and you enroll a Linked Card that is part of the Program
in Neighborhood Nosh, that Linked Card will be removed from the ability to earn
rewards in the Program and you will be notified of this by email.


USE OF THE SITE

You may use the Site to obtain information about, and to enroll and participate
in, rewards programs we offer based on use of credit and/or debit cards at
Participating Merchants. In order to participate in the Program, you must be at
least 18 years old and a resident of the United States. We do not knowingly
market to, or solicit or collect information from, children under the age of 18.

We may terminate, change, suspend, or discontinue any aspect of the Site,
including the availability of any features of the Site, at any time. We also may
impose limits on certain features and services or restrict your access to part
or all of the Site without notice or liability.


LIMITED LICENSE

We grant you a non-exclusive, non-transferable, limited right to access,
display, and use the Site, and all images, illustrations, designs, icons,
photographs, software, video clips, and written and other materials ("Content")
on the Site, for your personal and internal purposes.

You may download Content from the Site subject to these restrictions: (1) you
will not obtain any ownership or title to the Content; (2) you may use the
Content solely for your internal and personal use in learning about, evaluating,
or participating in the Program; (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.


COPYRIGHT NOTICE

All Content on the Site, such as text, graphics, logos, page headers, button
icons, images, audio clips, digital downloads, data compilations, and software,
and the compilation of such content is our property or the property of our
Participating Merchants or Rewards Partner and is protected by United States and
international copyright laws. We, Participating Merchants, and Rewards Partner
reserve all rights thereto.

Trademarks, service marks, and all graphical elements, including the look and
feel appearing on the Site, are distinctive and protected trademarks or trade
dress of Rewards Network, our Participating Merchants or Rewards Partner. The
Site may also contain various third-party names, trademarks, and service marks
that are the property of their respective owners.

The Site contains the following copyright that is available for public use:

Copyright © 1991-2022 Unicode, Inc. All rights reserved.

Distributed under the Terms of Use in https://www.unicode.org/copyright.html.

Any unauthorized use of the Site Content or of the copyrighted, trademarked, or
other intellectual property on the Site is strictly prohibited and may be
prosecuted to the fullest extent that the law provides. All rights in the
intellectual property relating to the 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 Site or the Content.

Our policy is to terminate privileges of any user who infringes the copyright
rights of others. If you believe that your work has been copied and posted on
the Site in a way that constitutes copyright infringement, please provide the
following information to our Copyright Agent identified below.

(i) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Services; (iv) your
address, telephone number, and email address; (v) a written statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (vi) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf. Our Copyright Agent for purposes of this notifications is:

General Counsel
Rewards Network
540 West Madison Street
Suite 2400
Chicago, IL 60661
(312) 521-6767
legal@RewardsNetwork.com


USER CONDUCT

You agree not to: (1) disrupt or interfere with the security of, or otherwise
abuse, the Program, the Site, or any services, system resources, accounts,
servers, or networks connected to or accessible through the Site or affiliated
or linked websites; (2) disrupt or interfere with any other person’s access,
use, or enjoyment of the Program, Site or affiliated or linked websites; (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 that 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 or the Program. You may not access, use, or copy any portion of
the Site or of the Content through the use of indexing agents, spiders,
scrapers, bots, web crawlers, or other automated devices or mechanisms.


LINKS

The Site may contain links to third-party sites. We do not control the
availability and content of these third-party sites. Any concerns regarding any
third-party site should be directed to the particular third-party site.

The existence of a link on this 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.

Any false or misleading uses of the Site or its Content are prohibited. We
reserve the right in our sole discretion to require you to remove a link to the
Site or its Content.


WARRANTY DISCLAIMER

All Content on the Site is subject to change without notice. Although efforts
have been made to make the Site helpful and accurate, we do not warrant the
accuracy of the Content.

THE SITE, ITS CONTENT AND THE PROGRAM ARE PROVIDED "AS IS." TO THE MAXIMUM
EXTENT PERMITTED BY LAW, AND WE AND THE PAYMENT CARD NETWORKS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE
SITE, ITS CONTENT OR THE PROGRAM ARE OF A REASONABLY ACCEPTABLE QUALITY AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

WITHOUT LIMITING THE FOREGOING, WE AND THE PAYMENT CARD NETWORKS MAKE NO
WARRANTY THAT (A) THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS; (B) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR PROGRAM WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR PROGRAM WILL MEET YOUR
EXPECTATIONS; OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED
REPRESENTATIVES WILL CREATE ANY WARRANTY.SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO
THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


LIMITATION ON DAMAGES

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT OR THE
PROGRAM, IN NO EVENT WILL WE, REWARDS PARTNER OR THE PAYMENT CARD NETWORKS BE
LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, OR OTHER
CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ITS CONTENT OR THE PROGRAM,
ANY HYPERLINKED WEBSITE, THE PRODUCTS OR SERVICES OFFERED BY PARTICIPATING
MERCHANTS, OR THE ACTS OR OMISSIONS OF PARTICIPATING MERCHANTS, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR
IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART
OF OUR SITE OR ITS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT
LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE), OR (III)
THE PERFORMANCE OR NON PERFORMANCE BY US, REWARDS PARTNER, OR ANY PARTICIPATING
MERCHANT OR PAYMENT CARD NETWORK, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY. IN NO EVENT WILL IN ADDITION TO AND WITHOUT LIMITING ANY OF THE
FOREGOING, WE AND THE PAYMENT CARD NETWORKS WILL HAVE NO LIABILITY FOR ANY
FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, PUBLIC HEALTH
RESTRICTIONS, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY
SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.THE LIMITATIONS IN THIS SECTION
DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.


INDEMNITY

You agree to defend, indemnify, and hold us, Rewards Partners, the Payment Card
Networks and our respective 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
Site, its Content or the Program (except to the extent caused by our material
failure to perform under the express obligations of these Terms), your violation
of these Terms, including your infringement of any intellectual property or
other right or policy of us or any person, your violation of applicable law,
including, or your other actions or omissions that result in liability to us. We
reserve the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us under these Terms, and
you agree to cooperate with our defense of these claims.


MANDATORY ARBITRATION

By agreeing to these Terms, you also agree to resolve any claim, dispute, or
controversy arising from or relating to the Site, its Content, the Program or
these Terms (or any prior agreement between you and us with respect to the
same), or the relationships which result from these Terms (whether a tort or
statutory claim, or a claim seeking monetary, equitable, or other relief)
(“Claim(s)”), 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 such
arbitration will take place in Chicago, Illinois, unless the parties agree to an
alternative location, and will apply the substantive law set forth below. All
parties to the arbitration will have the right, at their own expense, to be
represented by an attorney or other advocate of their choosing. Any arbitration
proceeding may not be consolidated or joined with any other proceeding and will
not proceed as a class action. 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. Notwithstanding the foregoing, Rewards Network
or Rewards Partner may seek injunctive or equitable relief through a court of
competent jurisdiction in the event of any misuse of its intellectual property
or any misuse of its Site, its Content, the Program or its systems, without the
posting of a bond, proof of damages, or other similar requirement.

THE DECISION OF THE ARBITRATOR WILL BE A FINDING AND BINDING RESOLUTION OF THE
CLAIM. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO
ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE NAF RULES. 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, and proceedings to enforce this
arbitration requirement may be pursued, in any court having jurisdiction.

If any portion of this arbitration provision is deemed invalid or unenforceable,
the remaining portions shall remain in full force and effect, except that if the
prohibition on class actions or joinder of multiple claimants is found to be
unenforceable, all of the arbitration provisions in these Terms will be deemed
invalid or withdrawn.


ENFORCEMENT AND CHOICE OF LAW

Subject to the Arbitration and Class Action Waiver provisions above, these Terms
are governed by the laws of the State of Illinois, without regard to its
conflict of laws principles. For all disputes arising from or related to the
Site, its Content, the Program, or these Terms, you agree to submit to the
personal and exclusive jurisdiction and venue of the state and federal courts
located in Illinois. If any part of these Terms is unenforceable, such part will
not make any other part of these Terms 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 these
Terms will be deemed unenforceable.


CANCELLATION AND TERMINATION

We may cancel our provision of the Site, its Content, and the Program at any
time, with or without cause and with or without notice to you, without liability
to us. We also may terminate or suspend your participation in the Program and/or
access to the Program Site, immediately and without notice if we reasonably
determine (i) you breach 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, Rewards
Partner, a Participating Merchant or to the Program, or (v) your membership in
the Eat Around Town by Marriott Bonvoy loyalty program or your ability to earn
Marriott Bonvoy points in the Eat Around Town by Marriott Bonvoy program has
been terminated or canceled for any reason.

You may cancel your participation in the Program at any time by contacting us at
(866) 884-3463 or by logging in to your account and visiting the "Account
Center" portion of the Program Site while signed in, navigating to “Manage
Cards,” and deleting all remaining credit and/or debit cards from your account.

Certain provisions will survive cancellation or termination of this Agreement by
their nature, including without limitation Mandatory Arbitration, Warranty
Disclaimer, Limitation on Damages, Indemnity, and Enforcement and Choice of Law.
Upon termination, we will retain all rights, including all intellectual property
rights, proprietary rights, and licenses retained in this Agreement, and the
limitations upon your use and treatment of Content will remain in full force.


ASSIGNMENT AND TRANSFER

We may assign, transfer, or otherwise dispose our rights and obligations under
these Terms, in whole or in part, at any time without notice. You may not
assign, transfer or otherwise dispose of these Terms or any rights to use the
Site or Program to any third party.


CONTACT US

If you have any other questions or concerns regarding these Terms, please
contact us at:

Rewards Network Establishment Services Inc.
Eat Around Town Member Services
(866) 884-3463 (8 a.m.– 5 p.m. CT, Monday-Friday)
marriottbonvoyeataroundtown@rewardsnetwork.com

 


EVENTS AND SPECIALS TERMS OF USE

Rewards Network is pleased to offer the Rewards Network Events and Specials as a
means for our Restaurant Partners to communicate bespoke messages (the
“Content”) directly to you (broadly, the “Services”).


YOUR USE OF EVENTS AND SPECIALS:

Any use or reliance on any Content or materials posted via the Services or
obtained by you through the Services is at your own risk. We do not endorse,
support, represent, or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the Services or endorse
any opinions expressed via the Services. You understand that by using the
Services, you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive. All Content is the sole responsibility of
the person who originated such Content. We may not monitor or control the
Content posted via the Services and, we cannot take responsibility for such
Content.


CONTENT REPORTING AND REMOVAL:

We reserve the right to remove Content that violates the User Agreement,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.

If you believe that your Content has been copied in a way that constitutes
copyright infringement, or that Content is otherwise offensive in violation of
the Reward Network Offers Platform Rules, please report this by contacting us
at:

Rewards Network Establishment Services Inc.
Attn: Legal Department
540 West Madison Street
Suite 2400
Chicago, IL 60661
Email: legal@rewardsnetwork.com


GENERAL PROVISIONS:

In consideration for Rewards Network granting you access to and use of the
Services, you agree that Rewards Network and its third-party providers and
partners may place advertising on the Services or in connection with the display
of Content or information from the Services whether submitted by you or others.
You also agree not to misuse our Services, for example, by interfering with them
or accessing them using a method other than the interface and the instructions
that we provide. You may not do any of the following while accessing or using
the Services: (i) access, tamper with, or use non-public areas of the Services,
Rewards Network’s computer systems, or the technical delivery systems of Rewards
Network’s providers; (ii) probe, scan, or test the vulnerability of any system
or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means
(automated or otherwise) other than through our currently available, published
interfaces that are provided by Rewards Network (and only pursuant to the
applicable terms and conditions), unless you have been specifically allowed to
do so in a separate agreement with Rewards Network (NOTE: crawling the Services
is permissible if done in accordance with the provisions of the robots.txt file,
however, scraping the Services without the prior consent of Rewards Network is
expressly prohibited); (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Services to
send altered, deceptive or false source-identifying information; or (v)
interfere with, or disrupt, (or attempt to do so), the access of any user, host,
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the
Services. We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of Rewards
Network, its users and the public. Rewards Network does not disclose
personally-identifying information to third parties except in accordance with
our Privacy Policy.

Your access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and “AS
AVAILABLE” basis. The “Rewards Network Entities” refers to Rewards Network, its
parents, affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors. Without limiting the foregoing, to the
maximum extent permitted under applicable law, THE REWARDS NETWORK ENTITIES
DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The
Rewards Network Entities make no warranty or representation and disclaim all
responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security, or reliability of the Services or any Content; (ii) any
harm to your computer system, loss of data, or other harm that results from your
access to or use of the Services or any Content; (iii) the deletion of, or the
failure to store or to transmit, any Content and other communications maintained
by the Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the Rewards Network Entities
or through the Services, will create any warranty or representation not
expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDS NETWORK ENTITIES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REWARDS NETWORK ENTITIES EXCEED
THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID
REWARDS NETWORK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO
THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE REWARDS NETWORK ENTITIES HAVE
BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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