These Terms were last updated April 30, 2024.
NOTICE OF ARBITRATION PROVISIONS
Your use of the HighRewards Sites and Features and our Services (both as defined below) is subject to binding individual arbitration of any disputes which may arise, including a class action waiver, as provided in Section 11 of these Terms of Use. Please read the arbitration provisions carefully and do not use any of the HighRewards Sites and Features or our Services if you are unwilling to arbitrate any disputes you may have with us (including without limitation any disputes relating to these Terms of Use and our Privacy Policy) as provided herein.
Introduction
HighRewards, Inc. (together with any affiliates, the “Company”) owns and operates a number of different websites, mobile applications, and interactive services, including without limitation the HighRewards mobile application, HighRewardsapp.com, and others (collectively, the “HighRewards Sites”). These Terms of Use (“Terms”) apply to the HighRewards Sites and to all of the features, Internet browser extensions, emails, text (SMS) messages, online services and other functionalities (collectively, the “Features”) available via or related to the HighRewards Sites, whether accessed via a computer, mobile device or other devices you use (each a “Device” and collectively, “Devices”), or otherwise (collectively, the “HighRewards Sites and Features”), and all services available on or through the HighRewards Sites and Features (“our Services”). These Terms are a legal agreement between you and the Company. By using any of the HighRewards Sites and Features or our Services, or clicking to “Accept” or otherwise agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, please do not register with or use any HighRewards Sites and Features or our Services. You also acknowledge that you have had the opportunity to review our standalone Privacy Policy, and you consent to our collection, use and disclosure of your personally identifiable information in accordance with the Privacy Policy. We may post additional terms, official rules, agreements, or guidelines (collectively “Additional Terms”) that apply to certain HighRewards Sites and Features or our Services, and you may be subject to such Additional Terms when you access those HighRewards Sites and Features or our Services. When you are using any HighRewards Sites and Features or our Services that are subject to Additional Terms, all references herein to these Terms include the Additional Terms. In the event of any conflict between the Additional Terms and these Terms, these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms. If you have any questions or concerns regarding these Terms or any Additional Terms, please contact us as provided in Section 17 below.
1. Use of HighRewards Sites and Features and our Services
You agree to use the HighRewards Sites and Features and our Services only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the HighRewards Sites and Features and our Services solely as provided herein. You may download material displayed on the HighRewards Sites and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the HighRewards Sites and Features, including any text, images, audio, or video, for public or commercial purposes without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the HighRewards Sites and Features and our Services is not transferable. You acquire no rights or licenses in or to the HighRewards Sites and Features and materials contained therein other than the limited right to access and utilize the HighRewards Sites and Features and our Services in accordance with these Terms. If you are accessing the HighRewards Sites and Features via any of our applications available via third parties including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the foregoing third parties are party to these Terms, and they are not sponsors of, nor in any way affiliated with, the HighRewards Sites and Features or any of our Services.
2. User Representations and Warranties
We prohibit anyone from using the HighRewards Sites and Features or Services who is under 18 years of age. If you are under the age of 18 (or the legal age of majority in your jurisdiction), you represent by accessing the HighRewards Sites and Features or our Services that you have your parent’s or legal guardian’s approval to access them. If we receive actual notice that you are under the age of 18 (or the applicable minimum age in your jurisdiction) or, we will terminate your access to the HighRewards Sites, Features, and Services; deactivate your account; and delete your data. Some offerings on the HighRewards Sites, and Features and some of our Services may also be subject to additional age or parental consent restrictions. By using the HighRewards Sites and Features or Services, you confirm, represent, and warrant that:
If you are the parent or legal guardian of a user under the age of 18, by allowing your child to use the HighRewards Sites and Features and our Services, you are subject to these Terms and responsible for your child’s related activity.
3. Rewards Programs
4. Sweepstakes, Contests and Promotions
Any sweepstakes, contests, or promotions (collectively, “Promotions”) that may be offered via any of the HighRewards Sites and Features or our Services may be governed by Additional Terms, including but not limited to official rules, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof.
5. Intellectual Property
You acknowledge that the HighRewards Sites and Features have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos, and service marks (“Marks”) displayed on the HighRewards Sites and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The HighRewards Sites and Features are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the HighRewards Sites and Features for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user any ownership interest in any Mark, copyright, patent, or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, translations, digital conversions, and other materials included within the HighRewards Sites and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
6. Reporting Copyright Infringement – DMCA Policy
If you believe that any content, user-posted materials, or any other material found on or through the HighRewards Sites and Features or our Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions.
Written notices must be sent either:
Please do not use the [email protected] email address to submit any requests or communications related to any topic other than copyright notices, and any other requests or communications submitted to that email address will be disregarded.
Each written notification must contain the following information to be deemed a valid notice:
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
7. User Conduct
You agree that you will not engage in any activity or conduct that interferes with or disrupts the HighRewards Sites and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer, mobile phone, or other Device to gain any advantage on any of our Rewards Programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell our Services for any purpose. You further agree that your use of the HighRewards Sites and Features and our Services shall not be fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules and guidelines found throughout the HighRewards Sites and Features or our Services. You agree to comply with the instructions set out in any robots.txt file present on the HighRewards Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the HighRewards Sites and Features or our Services in any improper manner, including to:
If we determine in our sole and absolute discretion that you have violated these Terms, we may issue you a warning regarding the violation prior to terminating or suspending any Account you have created (or which is associated with you) using our Services. However, you acknowledge and agree that we need not provide you with any warning or notice before we terminate or suspend your Account and your access to the HighRewards Sites and Features and our Services, which we may do at any time and for any reason, at our sole and absolute discretion. If we terminate or suspend your Account, you agree not to attempt to join or re-join or create another Account in any of our Rewards Programs without our prior written authorization.
8. Communication Channels
The HighRewards Sites and Features and our Services may include communication channels such as forums, communities, comments, or chat areas (“Communication Channels”) designed to enable you to communicate with other Services users. The Company has no obligation to monitor these Communication Channels, but we may do so, and we reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice, for any reason, in our sole and absolute discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances be liable for any activity or conduct within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
9. Disclaimer of Warranties, Limitations of Liability, and Indemnification
Disclaimer of Warranties. You agree that your use of the HighRewards Sites and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company disclaims any and all guarantees, warranties and representations, express or implied, in connection with the HighRewards Sites and Features, or our Services, and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the HighRewards Sites and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the HighRewards Sites and Features or our Services, or any third party products or services promoted therein, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our HighRewards Sites and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the HighRewards Sites and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. You acknowledge and agree that HighRewards is not affiliated with nor responsible for any third-party products or services that may be displayed, distributed, or otherwise promoted on the HighRewards Sites and Features or our Services. HighRewards neither represents nor endorses the quality, accuracy, reliability, integrity or legality of any third party’s products or services, nor the truth or accuracy of the description of any third party’s products or services, nor any third-party advertising material, including Offers, ads, links, content, advice, opinions, proposals, statements, data, or other information that is provided or controlled by third parties and displayed, distributed, or otherwise used on or in connection with the HighRewards Sites and Features or our Services. You further agree that the Company will not be liable for, nor be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Accounts, including without limitation any unredeemed Rewards in your Account or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any past, present, or future Rewards, in the event there is any change in the potential value or redemption options for any Rewards, or any data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the amount of Rewards or balance of any Account. All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option. Please note that at any time, we may, in our sole and absolute discretion, terminate our legal agreement with you and deny you continued use of the HighRewards Sites and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (iii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
10. Compliance with FTC Guides on Endorsements & Testimonials
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR 255, as amended, available here) (the “Endorsement Guides”). For example, if you have been offered, paid or provided with free or discounted products, services or Rewards in exchange for discussing or promoting any of our HighRewards Sites and Features or our Services, including but not limited to Referral Program Rewards, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through our Services, you agree to comply with the Endorsement Guides’ requirements for disclosing such relationships. You, and not HighRewards, are solely responsible for any endorsements or testimonials you make regarding our HighRewards Sites and Features or our Services or any other product or service.
11. Binding Arbitration of all Disputes and Claims
YOU AND THE COMPANY AGREE THAT (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms of Use):
Please note that if you uninstall the application without first unlinking your payment card, HighRewards will continue receiving transaction data for up to one hundred (100) days after you uninstall. This data will only be used as described above in the “use of transaction information” section outlined in the Points for Purchases Terms and Conditions for MasterCard cards or in the Points for Purchases Terms and Conditions for Visa cards and as described in this Privacy Policy.
12. Tax Matters
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Rewards you received or redeemed in any Rewards Program are considered reportable income or taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the HighRewards Sites and Features or our Services, including liability arising from your accrual of Rewards or your redemption of such Rewards. As a condition of your continued use of the HighRewards Sites and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your redeemed Rewards to an appropriate tax authority. We encourage you, and it is your responsibility, to seek the advice of a tax expert in order to determine the tax consequences of your use of the HighRewards Sites and Features and our Services, and any associated Rewards received or redeemed.
13. Notification of Changes
We reserve the right to make changes to these Terms from time to time in our sole and absolute discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the HighRewards Sites and Features deemed appropriate by us so our users are always aware of the terms of their use of the HighRewards Sites and Features and our Services. Your continued use of any of the HighRewards Sites and Features or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please close your Account and discontinue your use of such HighRewards Sites and Features and our Services. To the extent that an arbitrator (or small claims court, if applicable) determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the HighRewards Sites and Features or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the required notice period has passed after the date of these Terms.
14. International Users
The HighRewards Sites and Features and our Services are controlled, operated, and administered by the Company from our offices within the United States of America. The Company makes no representation that materials on the HighRewards Sites and Features or our Services are appropriate or available for use at other locations outside of the United States and Canada, and we prohibit access to them from territories where the contents or products available through the HighRewards Sites and Features or our Services are illegal. You may not use the HighRewards Sites and Features or our Services or export any content or products in violation of U.S. export laws and regulations. If you access HighRewards Sites and Features from a location outside of the United States and Canada, you are responsible for compliance with all local laws.
15. Excluded Users and Territories
You are not permitted to download or use any of the HighRewards Sites and Features or our Services, including making any purchases of products or services from the Company, or redeeming any Rewards, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.
16. Miscellaneous
The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator (or in the case of a small claims action, the small claims court) to be invalid, the parties nevertheless agree that (except as otherwise provided in Section 11.E) the arbitrator or small claims court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without the Company’s prior written consent, and any such unauthorized assignment shall be invalid. The provisions of these Terms that are by their nature intended to survive termination (e.g., limitations of liability, indemnities, arbitration agreements, and class action waivers) shall survive.
17. Contact Us
If you have any questions or concerns regarding these Terms or your use of any HighRewards Sites and Features or our Services, or wish to report any Error, please contact us as follows: You will find answers to frequently asked questions (FAQs) by visiting the Help Center of each of our Services. Our Help Center or contact options are generally located or accessed from the applicable HighRewards Sites and Features footer or main menu options. If your question is not answered in the Help Center, you can submit a ticket to our Customer Support team for the appropriate Service. To contact us by mail, send your correspondence to the following address and specify the HighRewards Sites and Features or our Services you are using, along with your request, question, or concern to: [email protected].