Terms of use: United States

1. Binding Arbitration of All Disputes or Claims. The parties agree to arbitrate all disputes and claims between them (“Disputes or Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to any HighRewards Sites and Features or our Services, privacy, data security, collection, use and sharing, advertising, purchase or other transactions, Rewards crediting, maintenance or expiration, Account balances or closures, Promotions, or any emails, texts, or other communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the transactions or relationship between you and us, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory; (3) Disputes or Claims that arose before your agreement to these Terms or any prior arbitration agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that arose or may arise before or after your use, or the termination of your use, of any HighRewards Sites and Features or our Services. Consistent with and without limiting the applicability of the foregoing, all Disputes or Claims, and all legal and equitable issues relating to or arising from any Disputes or Claims, and/or these Terms or arbitration provisions, or any other terms or agreements that incorporate the same by reference, are exclusively for the arbitrator (rather than a court) to decide, including without limitation all claims, disputes, or issues relating to formation, validity, conscionability, interpretation, scope, and enforceability, and whether a claim is subject to arbitration. For purposes of these arbitration provisions, references to “we” and “us” include all entities included within the definition of “Company” above, and each of their affiliates, and each such entity’s respective directors, managers, officers, employees, shareholders, members, agents, suppliers, and assignees (collectively, the “Company Parties”). It is the mutual intent of the parties that this delegation of all matters to the arbitrator be a “clear and unmistakable” delegation, notwithstanding any other provision of these Terms or any other communication, agreement, or document between us (including any provisions or any other communication, agreement or document that may make reference to a court).
2. Providing Us an Opportunity to Informally Resolve Your Dispute. If you intend to seek arbitration, please first send to us, by certified mail, a written Notice of Dispute (a “Dispute Notice”). Each Dispute Notice to us should be sent to our customer service address at: HighRewards Dispute Resolution, HighRewards Inc, 7957 N University Dr PMB 2029, Parkland,FL 33067 USA, Attention: Legal Department. The Dispute Notice should include: (1) your name, email address, telephone number and mailing address; (2) the nature and basis of your Dispute(s) or Claim(s); (3) identification or enclosure of all relevant documents and information; and (4) a description of the specific relief that you seek from us. Before you may pursue or participate in any Disputes or Claims in small claims court or in arbitration against us, after you send the Dispute Notice described above, you should allow us a reasonable opportunity (not less than 30 days) to resolve your Disputes or Claims. After we receive your Dispute Notice, the parties agree to negotiate in good faith with each other to try to resolve your Disputes or Claims without formal procedures. 
3. Agreement to Participate in Binding Arbitration. If the parties do not reach an informal resolution of your Disputes or Claims within 30 days after we receive your written Dispute Notice, you may pursue your Disputes or Claims in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Disputes or Claims within 30 days after our receipt of your Dispute Notice, you may commence an arbitration proceeding by sending an arbitration demand (“Arbitration Demand”) to the following address: HighRewards Dispute Resolution, HighRewards Inc, 7957 N University Dr PMB 2029, Parkland,FL 33067, USA, Attention: Legal Department. The parties agree to arbitrate any Disputes or Claims between them, except to the extent either party chooses to instead pursue the Disputes or Claims in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. 
4. Arbitration Rules and Procedures. The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by these Rules, will govern the arbitration. The AAA Rules are available online at www.adr.org. If your asserted Disputes or Claims—collectively—are for $10,000 or less (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing under the AAA Rules. If your asserted Disputes or Claims—individually or in the aggregate—exceed $10,000 (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), the right to a hearing and the manner of hearing will be determined by the AAA Rules. Furthermore, if AAA at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in these Terms; provided, however, that in no event may such Minimum Standards contravene or restrict the application of subsection E below requiring individual arbitration and prohibiting class, representative or consolidated arbitration proceedings (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms of Use). Unless the parties agree otherwise in writing, any arbitration hearings will take place in the county, province, or other local jurisdiction in which you reside within the United States or Canada. One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the Internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties, or if the parties are unable to mutually approve the arbitrator, by the AAA. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. Regardless of the manner in which the arbitration is conducted, in any arbitration proceeding with Disputes or Claims exceeding $10,000, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Unless otherwise provided herein, the AAA Rules will govern the payment of all arbitration fees. The arbitrator may make any determinations and resolve any Disputes or Claims as to the payment and reimbursement of arbitration fees at any time during the proceeding and within 14 days after the arbitrator’s final ruling on the merits. 
5. Individual Arbitration; Waiver of Representative or Class Action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms of Use). Furthermore, these arbitration provisions shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, but without affecting the arbitrator’s exclusive right to decide all matters subject to arbitration as provided above. 

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):

• ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE COMPANY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL DISPUTES OR CLAIMS (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms of Use).
• UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms of Use).
• THE COMPANY DOES NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF THE ARBITRATOR REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. 

1. Limitations Period.  The parties must bring any Arbitration Demand or small claims action regarding Disputes or Claims within two years after the events or circumstances upon which the Disputes or Claims are based originally arose, or the Disputes or Claims will be permanently barred by the statute of limitations. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Disputes or Claims, then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply. 
2. Confidentiality.  You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any discussions or mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy in support of arbitration, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
3. Changes to Arbitration Provisions. We may make changes to these arbitration provisions from time to time. You may reject any material changes by sending us written objection within 30 days of the change to HighRewards Dispute Resolution, HighRewards Inc., 7957 N University Dr PMB 2029, Parkland, FL 33067, USA, Attention: Legal Department. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of these provisions prior to such change. If you do not send written objection to any change as provided above, you are agreeing to arbitration in accordance with the changed language of these provisions. To the extent that an arbitrator determines that applying any changes to these arbitration provisions to any Disputes or Claims relating to prior events or circumstances would render this an illusory or unenforceable contract or otherwise violate your legal rights, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the effective date of such changes, and in that case any Disputes or Claims relating to such prior events or circumstances shall be arbitrated in accordance with the language of these provisions prior to such changes to the extent necessary to avoid these Terms being deemed illusory or unenforceable. 
4. Small Claims Court Alternative. You may choose to pursue your Disputes or Claims in small claims court rather than by arbitration if your Disputes or Claims qualify for small claims court in a location where jurisdiction and venue over you and us is proper. 
5. Excluded Disputes and Claims; Injunctive Relief. Notwithstanding subsection A above, you or we may at any time bring suit in a court of competent jurisdiction against the other party in relation to (and are not required to arbitrate) claims based upon infringement or misuse of intellectual property and/or misappropriation of trade secrets.  Furthermore, nothing shall be construed to preclude you or us from seeking injunctive relief in order to protect your or our rights pending an outcome of Disputes or Claims while in arbitration.  This paragraph is not intended by either party to affect, and shall not affect, the “clear and unmistakable” delegation of all matters to the arbitrator in Section 11.A above.
6. Governing Law; Federal Arbitration Act. Subject to the AAA Rules, any Disputes or Claims arising between you and us arising out of or related in any way to the HighRewards Sites and Features or our Services, privacy, data security, collection, use and sharing, advertising, purchase or other transactions, Rewards crediting, maintenance, or expiration, Account balances or closures, Promotions, or any emails, texts, or other communications with you, or arising out of or relating to any aspect of the transactions or relationship between you and us, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory, will be governed by the internal laws of the state or province in which you reside (except that, if you reside outside of the United States and Canada, the internal laws of the State of California will govern), without regard to choice of law principles; provided, however, that the relationship and transactions between you and us evidence a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the interpretation and enforcement of these arbitration provisions.

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.