JACKPOT REWARDS
TERMS OF SERVICE

Last Updated on September 30, 2011

1. Acceptance of These Terms of Service.

   Welcome to Jackpot Rewards, Inc.'s ("JPR") JackpotRewards.com website and application ("Jackpot Rewards"). Jackpot Rewards includes the www.jackpotrewards.com website and application and all features and services on the website, and a system of portals and social media applications employed to enhance your Internet experience. By using Jackpot Rewards, you indicate your unconditional acceptance of these Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at http://www.JackpotRewards.com/company/tos/. These Terms of Service apply to all Jackpot Rewards services and features unless otherwise indicated.

2. Scope of Service.

   JPR maintains Jackpot Rewards as a service to Jackpot Rewards Members and visitors, subject to these Terms of Service. Jackpot Rewards Members and visitors are referred to collectively as "Users". Users of Jackpot Rewards ("you") are responsible for obtaining any equipment and Internet service necessary to access Jackpot Rewards and for paying any fees for the equipment and service you select. JPR may alter, suspend, or discontinue Jackpot Rewards in whole or in part, at any time and for any reason, without notice. Jackpot Rewards may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Website Content.

   Users have a personal, non-transferable, non-exclusive right to access and use the Content of Jackpot Rewards subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, or other material accessible through Jackpot Rewards, whether created by us or provided by another person for display on Jackpot Rewards.

   The Content may contain typographical errors, other inadvertent errors, or inaccuracies. JPR reserves the right to revoke any stated offer, correct any errors, inaccuracies or omissions and to make changes to document names and content, promotion offers, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

   You may view, copy, download, and print Content that is available on Jackpot Rewards, subject to the following conditions:

   1. The Content may be used solely for your internal informational purposes. No part of Jackpot Rewards or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
   2. The Content may not be modified; and
   3. Copyright, trademark, and other proprietary notices may not be removed.

   Nothing contained on Jackpot Rewards should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Jackpot Rewards or any Content displayed on Jackpot Rewards, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Service; or (ii) with JPR's prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on Jackpot Rewards.

4. Indemnification.

   BY USING JACKPOT REWARDS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JPR, ITS PARENT COMPANY, SUBSIDIARIES AND OTHER AFFILIATES, CONSULTANTS, AGENTS, SUPPLIERS, ADVERTISERS, MERCHANT PARTNERS, AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM YOUR USE OF JACKPOT REWARDS OR OUR SERVICES, FOR ANY MATERIALS IN ANY FORM WHATSOEVER THAT ARE PROVIDED BY YOU (OR THROUGH YOUR USER NAME AND/OR PASSWORD), YOUR VIOLATION OF THESE TERMS OF SERVICE OR JPR'S PRIVACY POLICIES, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN OUR DEFENSE AND/OR SETTLEMENT OF ANY CLAIM. WE RESERVE IN OUR REASONABLE DISCRETION THE RIGHT TO ASSUME EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

5. Content Submitted by Users and Vendors.

   1. 1. Accuracy. You may use Jackpot Rewards without volunteering personally identifiable information ("Personally Identifiable Information" or "PII"). Please refer to JPR's Privacy Policy for additional information on JPR's practices for handling PII. However, if you choose to provide information to register for or participate in a product, service, event, or promotion offered by Jackpot Rewards, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you.
   2. 2. Liability. JPR is not responsible or liable for the conduct of users or for views, opinions, and statements expressed in Content submitted for public display through Jackpot Rewards, such as information provided by vendors, including authors of newsletters JPR may publish on Jackpot Rewards from time to time, or accessed through Jackpot Rewards. JPR does not prescreen information posted to online photo, video, or discussion forums. With respect to such forums, JPR is acting as a passive conduit for such distribution and is not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online forum are those of the respective author(s) or distributor(s) and not of JPR. JPR neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to Jackpot Rewards is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting, or submission of Content to Jackpot Rewards.
   3. 3. Monitoring. JPR has the right, but not the obligation, to monitor Content submitted to Jackpot Rewards through an online photo, video, or discussion forum to determine compliance with these Terms of Service and any other applicable rules that JPR may establish. JPR has the right, at its sole discretion, to edit or remove any material submitted to or posted in any online forum provided through Jackpot Rewards. Without limiting the foregoing, JPR has the right to remove any material that JPR, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to Jackpot Rewards.

6. Prohibited Conduct.

   y accessing Jackpot Rewards or any of JPR's online forums or other service provided through Jackpot Rewards, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use Jackpot Rewards or any related online forum to:

   1. Transmit via or through Jackpot Rewards any information, data, text, images, files, links, or software except in connection with your authorized use of Jackpot Rewards or otherwise in response to specific requests for information by us.
   2. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by JPR.
   3. Use a name or language that JPR, in its sole discretion, deems offensive.
   4. Post defamatory statements.
   5. Post hateful or racially or ethnically objectionable material.
   6. Post Content that infringes another's copyright, trademark, or trade secret.
   7. Post unsolicited advertising or unlawfully promote products or services.
   8. Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
   9. Impersonate another person.
   10. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
   11. Exploit children under 18 years of age.
   12. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
   13. Introduce viruses, worms, Trojan horses, or harmful code to Jackpot Rewards or the Internet.
   14. Obtain unauthorized access to any computer system through Jackpot Rewards.
   15. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent's consent in the case of a child under 18 years of age).
   16. Solicit personal information from children under 18 years of age.
   17. Violate any federal, state, local, or international law or regulation.
   18. Encourage conduct that would constitute a criminal or civil offense.
   19. Tamper with Jackpot Rewards or any component of Jackpot Rewards.
   20. Conduct fraudulent activities.
   21. Collect or harvest information regarding other users of Jackpot Rewards for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

7. Children.

   Jackpot Rewards is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. JPR does not knowingly market to, solicit or collect information from any person under age 13.

8. Intellectual Property Rights.

   Unless otherwise noted, all Content contained on Jackpot Rewards is the property of JPR or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

   Our graphics, logos, page headers, button icons, scripts, service names, and other components of the Jackpot Rewards website and related materials are trademarks or trade dress of JPR. JPR's trademarks or trade dress may not be used in connection with any product or service that is not JPR's, in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits JPR or Jackpot Rewards.

   JPR does not claim ownership of Content submitted by users without compensation by JPR and with the expectation that such Content will be made publicly accessible through Jackpot Rewards. By submitting such Content, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until JPR deletes the Content from JPR's systems.

9. Copyright Infringement Policy.

   The following represents JPR's policy regarding copyright infringement and the Company's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512)("DMCA")

   JPR respects the intellectual property rights of others and require those that use Jackpot Rewards do the same. JPR may, in appropriate circumstances and at JPR's discretion, remove or disable access to material on Jackpot Rewards that infringes upon the copyright rights of others. JPR also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Jackpot Rewards User infringes on others' copyrights, JPR may in our sole discretion terminate that individual's rights to use Jackpot Rewards.

   If you believe that your work has been used on Jackpot Rewards in any manner that constitutes copyright infringement, please notify JPR's copyright agent by written notice. The notice should include the following information:

   1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
   2. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
   3. Identification of the location on Jackpot Rewards of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
   4. Your name, address, telephone number and email address;
   5. A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
   6. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

   JPR's copyright agent for notice of claims of copyright infringement on Jackpot Rewards is Legal Department (Copyright Notice) who can be reached at following:

   • By mail: 60 Hickory Drive, 6th Floor; Waltham, MA 02451
   • By email: copyrightnotice@jpr-inc.com
   • By telephone: 617-795-2850
   • By facsimile: 617-795-2851

   After receiving a notification, JPR will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), JPR will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

10. Security.

    When you register to participate in an online photo, video, or discussion forum, promotion, or other service offered on Jackpot Rewards, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify JPR immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. JPR is not responsible for losses or damage caused by your failure to safeguard your login and password.

11. Disclaimer of Warranty.

    Under no circumstances will JPR be liable for any loss or damage caused by your reliance on information in any Content on Jackpot Rewards. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through Jackpot Rewards. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.

    ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM JACKPOT REWARDS ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, JPR DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON JACKPOT REWARDS IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY JACKPOT REWARDS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) JACKPOT REWARDS OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability.

    IN NO EVENT WILL JPR, ITS PARENT COMPANY, SUBSIDIARIES OR OTHER AFFILIATES, OR ITS SUPPLIERS, ADVERTISERS, MERCHANT PARTNERS, CONSULTANTS OR AGENTS, OR THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (THE "COVERED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE JACKPOT REWARDS WEBSITES OR SERVICES OR ANY INFORMATION CONTAINED THEREON, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE JACKPOT REWARDS WEBSITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE JACKPOT REWARDS WEBSITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THE JACKPOT REWARDS WEBSITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT JPR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JPR'S LIABILITY OR THE LIABILITY OF ANY OTHER COVERED PARTY TO YOU EXCEED $100.00 IN THE AGGREGATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF WWW.JACKPOTREWARDS.COM, RELATED SERVICES, OR THESE TERMS OF SERVICE\ OR JPR'S PRIVACY POLICIES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL FOREVER BE BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.

13. Exclusions.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Links to Third-Party Websites.

    Jackpot Rewards may contain links to third party websites that are provided to you as a convenience. Any third party website accessed from Jackpot Rewards is independent from Jackpot Rewards, and JPR has no control over the content of such third party websites. JPR is not responsible for the content of any linked third party website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party websites.

15. No Implied Endorsements.

    In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by JPR of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that JPR endorses or accept any responsibility for the content or use of such a website. JPR does not endorse, warrant, or guarantee any product or service offered by any third party through this Jackpot Rewards and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

16. Jurisdictional Issues.

    JPR makes no representation that information on Jackpot Rewards is appropriate or available for use outside the United States. Those who choose to access Jackpot Rewards from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

17. Termination.

    JPR may terminate or suspend any User's access to Jackpot Rewards, including access to any online photo, video, or discussion forum, in our sole discretion, for any reason and at any time, with or without prior notice. It is JPR's policy to terminate Users who violate these Terms of Service as deemed appropriate in our sole discretion. You agree that JPR is not liable to you or any third party for any termination or suspension of your access to and/or use of Jackpot Rewards. If at any time, we notify you that your access to and /or use of Jackpot Rewards is terminated or suspended, you must cease and desist from all such access and/or use immediately. In the event these Terms of Service are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

18. Enforcement.

    These Terms of Service shall be governed by and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law, and expressly excluding (i) The United Nations Convention on Contracts for the International Sale of Goods, (ii) the 1974 convention on the Limitation Period in the International Sale of Goods, and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts U.S.A. before a single arbitrator under the commercial arbitration rules of the American Arbitration Association and you consent to such jurisdiction and venue and waive all objections thereto. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, JPR shall be entitled to seek injunctive relief, security, or other equitable remedies for any breach of these Terms of Service from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

19. Severability.

    If for any reason any provision of these Terms of Service or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of these Terms of Service will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms of Service which shall continue in full force and effect.

20. Entire Agreement.

    YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER AGREE THAT THESE TERMS OF SERVICE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JPR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE WITH THE UNDERSTANDING THAT JPR MAY, AT ITS SOLE DISCRETION AND WITHOUT NOTICE, REVISE THESE TERMS OF SERVICEAT ANY TIME BY UPDATING THIS POSTING.

21. For Additional Information.

    If you have any questions about these Terms of Service, please contact memberservices@jackpotrewards.com.

Copyright © 2012, Jackpot Rewards, Inc. All Rights Reserved.