The e-Rewards program ("e-Rewards Program") is provided by e-Rewards, Inc. ("e-Rewards"), a Delaware corporation, 5800 Tennyson Parkway, Suite 600, Plano, TX 75024, USA, and operated by e-Rewards. The e-Rewards
Program is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement").
If you are not yet thirteen (13) years old, or do not reside in the United States, Puerto Rico, Guam or U.S. Virgin Islands, please discontinue using the website or application immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Member Agreement (defined below), please discontinue using the website
immediately because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age and meet any other eligibility and residency requirements of the website.
Please read this Member Agreement carefully before accessing or using the e-Rewards Program. By accessing or using the e-Rewards Program, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.
If you do not agree to the terms and conditions set forth below, you may not use the e-Rewards
Program or the e-Rewards Mobile application.
The e-Rewards Program is limited to individuals only; corporations or other business entities may not become Members.
The e-Rewards Program is limited to one (1) account per individual, even if the individual has multiple email addresses.
Employees of e-Rewards, its subsidiaries, affiliates and related parties, and members of their household are not permitted to redeem welcome gifts ("Welcome Gifts") or e-Rewards currency ("e-Rewards Currency").
Automated services, scripts, or other machines are not eligible.
Member must be
years of age or older to be eligible to join the e-Rewards Program.
Member must be a legal resident of
the United States, Puerto Rico, Guam or U.S. Virgin Islands
to be eligible to join the e-Rewards Program.
Member may only participate in surveys when physically located in the country of residence specified during enrollment into the e-Rewards Program.
2. Member Registration Obligations
Equipment. In order to access and use the e-Rewards Program, Member needs computer equipment and telecommunications access necessary to connect to and access the Internet. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees (such as ISP charges) necessary to access the e-Rewards Program and any future enhancements or additional services.
Registration Data. In consideration of use of the e-Rewards Program, Member agrees to provide to e-Rewards true, accurate, current, and complete information as prompted by this website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If Member provides any information that is untrue, inaccurate, not current, or incomplete, e-Rewards may suspend or, in the event of a material breach of this Member Agreement, terminate Member's account immediately and may refuse Member all current or future use of the e-Rewards Program.
3. Password & Account Access
Member's Password Account Access Rights & Responsibilities
Member must select a password as part of the registration process.
In order to prevent unauthorized activity or access to the e-Rewards Program, Member must give the e-Rewards Program his/her email address and selected password in order to update personal information (name, email address, etc.) and redeem e-Rewards Currency.
For security purposes, Member is advised to memorize, and not to write down, his/her password.
Member is responsible for keeping his/her email address and password confidential, and is solely responsible for all activities that occur under Member's email address and password, including all unauthorized activities.
Member agrees to (a) immediately notify e-Rewards of any unauthorized use of Member's email address and password or any other breach of security related to this website, the application,
or the e-Rewards Program, and (b) ensure that Member logs out from Member's account at the end of each session.
Member agrees to abide by all applicable laws and regulations with respect to Member's account.
e-Rewards' Password & Account Access Rights & Responsibilities
e-Rewards will encrypt Member's password on the database.
e-Rewards is entitled to act on instructions received under Member's password and email address.
e-Rewards cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's email address and/or password, provided that such results are not attributable to a failure of e-Rewards, including but not limited to e-Rewards' fraud or gross negligence.
4. Value of e-Rewards Currency
e-Rewards Currency has no monetary value and may not be redeemed for cash.
e-Rewards Currency is not transferable:
It may not be auctioned, traded, bartered or sold.
It is not transferable...
...as part of a domestic relations matter.
...or otherwise, except by operation of law.
e-Rewards Member accounts may not be merged under any circumstances.
e-Rewards Member accounts are not transferable...
They may not be auctioned, traded, bartered or sold.
They are not transferable...
...as part of a domestic relations matter.
...or otherwise, except by operation of law.
5. Earning e-Rewards Currency
Member agrees to receive invitations to answer surveys from e-Rewards, its third-party clients ("Clients"), its third-party sponsors ("Sponsors"), its third-party marketing and panel partners ("Partners") via electronic mail, text message or SMS, the Internet and direct (physical) mail.
Members can earn e-Rewards Currency each time Member responds to an invitation to participate in a market research survey.
The amount of e-Rewards Currency that can be earned will be stipulated in each invitation.
Member acknowledges that he/she may not be eligible to receive invitations to certain surveys.
On occasion, e-Rewards may allow Member to earn additional e-Rewards Currency via special earning opportunities.
The amount of e-Rewards Currency offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
Member must comply with the terms of each special earning opportunity to earn any such additional e-Rewards Currency.
Member acknowledges that he/she may not be eligible to receive certain earning opportunities.
6. Participation in Surveys
Member's Participation in e-Rewards, Client, Sponsor or Partner Surveys Rights & Responsibilities
Member's participation in e-Rewards surveys is solely at Member's discretion. e-Rewards will not be in any way responsible for personally identifiable information that Member may voluntarily share with Client, Sponsor or Partner in the course of answering a survey.
Member is responsible for complying with any rules or terms set forth by Client, Sponsor or Partner which Member is informed of in advance.
e-Rewards' Participation in Client, Sponsor or Partner Surveys Rights & Responsibilities
e-Rewards assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by e-Rewards' Clients, Sponsors or Partners, or any part thereof.
e-Rewards assumes no liability, obligation, or responsibility for the maintenance of privacy of any personal information given by Member directly to Client, Sponsor or Partner.
Member agrees that e-Rewards shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients, Sponsors or Partners, or as the result of the presence of such Clients, Sponsors or Partners websites on this website or via the e-Rewards Program.
The limitations and exclusions above in Section 6b i. and ii. shall be subject to local law considerations.
7. Redeeming e-Rewards Currency
Once Member has accrued the minimum amount of e-Rewards Currency required to make a redemption ("threshold level"), Member may redeem his/her accrued e-Rewards Currency for rewards ("Rewards") as outlined in e-Rewards' then-current standard Reward redemption chart.
The Rewards represented on the chart, and the threshold level, are subject to change by e-Rewards at any time and without prior notice.
Member may redeem e-Rewards Currency on the "Rewards" section of this website or utilizing the application.
Member redemptions for Rewards offered by e-Rewards Sponsors and Reward Partners are limited. Members may view Reward redemption rules on the e-Rewards website.
e-Rewards assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any damages resulting from the usage of any Rewards provided by e-Rewards' Sponsors or reward partners ("Reward Partners"), or any part thereof, said Rewards (goods or services) being subject to e-Rewards' Sponsors and Reward Partners terms and conditions.
e-Rewards assumes no liability, obligation, or responsibility for the transactions between Member and Sponsor or Reward Partner, including but not limited to:
Fulfillment and timeliness of delivery of Sponsor or Reward Partner goods or services.
Security associated with credit card or other transactions directly initiated by Member with Sponsor or Reward Partner.
Maintenance of privacy of any personal information given by Member directly to Sponsor or Reward Partner.
Member agrees that e-Rewards shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Sponsors or Reward Partners, or as the result of the presence of such Sponsors or Reward Partners on this website, the application
or via the e-Rewards Program. By way of example, e-Rewards shall not be responsible if Member does not receive the Reward chosen when Member redeems e-Rewards Currency; if Member is dissatisfied with the Reward chosen; if a Sponsor or Reward Partner ceases business operations or is otherwise unable to provide Members chosen Reward, etc.
Member understands that all goods and services offered through the e-Rewards Program are offered by third parties, and that e-Rewards does not operate, control or endorse any information, goods or services in any way.
Member understands that Sponsors and Reward Partners may place restrictions on the use of goods and services offered through the e-Rewards Program.
The limitations and exclusions above in Section 7 shall be subject to local law considerations.
8. Expiration e-Rewards Currency
If Member's account has been inactive for twelve (12) months immediately preceding the end of the Membership Year, one-hundred percent (100%) of any unused e-Rewards Currency remaining in the a Member's account that was earned during the just-ended Membership Year will expire, and will be removed from the Member's account.
At e-Rewards' sole discretion, e-Rewards may choose to waive or defer enforcement of the expiration of a Member's e-Rewards Currency.
9. Proprietary Rights to Content
Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the e-Rewards Program shall remain in e-Rewards and/or its licensors and suppliers.
Member acknowledges that the content of this website, the application
and the e-Rewards Program - including but not limited to text, sound, photographs, graphics, software or other material contained in either e-Rewards, Sponsor, Client, Partner or Reward Partner electronic mail communications, services or software - is copyrighted by e-Rewards and/or its licensors and suppliers under United States and international copyright laws and author's rights laws, is subject to other intellectual property and proprietary rights and laws, and is owned by e-Rewards or its licensors and suppliers. Save as otherwise provided by applicable copyright law and/or author's rights laws, such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of e-Rewards and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by e-Rewards, its Clients, Sponsors, Partners or Reward Partners may be downloaded onto a single computer for Member's personal, non-commercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
Member may use e-Rewards', Sponsor's, Client's, Partner's or Reward Partner's content, service or software only as expressly authorized by e-Rewards, the Sponsor, the Client, the Partner or the Reward Partner.
Member acknowledges and agrees that the e-Rewards Program and any necessary software provided by e-Rewards or its Sponsors, Clients, Partners, Reward Partners or other third-party partners and used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. e-Rewards grants Member a personal, non-transferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this website, the application
and the e-Rewards Program; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code (save as otherwise allowed by applicable copyright law for purposes of achieving interoperability with third party program), sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the e-Rewards Program. Member agrees not to access the e-Rewards Program by any means other than through the interface that is provided by e-Rewards for such use.
10. Member Conduct
Member agrees not to use the e-Rewards Program or this website, or the application
Violate applicable law;
Stalk, harass, or harm another individual;
Collect or store personal data about other Members;
Impersonate any person, or otherwise misrepresent Member's identity;
Interfere with, disrupt or violate the terms and conditions and operating rules of the e-Rewards Program or servers or networks connected to the e-Rewards Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Member's use of the e-Rewards Program;
Attempt to gain unauthorized access to the e-Rewards Program, or to other accounts, computer systems, or networks connected to the e-Rewards Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
Use the e-Rewards Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the e-Rewards Program to others.
Member agrees to provide truthful and well considered answers to all survey questions.
e-Rewards reserves the right to withhold awarding e-Rewards Currency to Member if, in e-Rewards' reasonable view, Members' survey question responses are untruthful or not well considered.
11. Deactivation of Dormant Members
Dormant Member Definition. A Member is “dormant” if he/she does not participate in an e-Rewards survey in more than three hundred sixty-five (365) days from either activating Member’s account or from the date of completing an e-Rewards survey.
A Dormant Member will be deactivated (“Deactivated Dormant Member”), and will be denied access to the e-Rewards Program and to this website.
A Deactivated Dormant Member will lose access to unused e-Rewards Currency.
If a Deactivated Dormant Member wishes to participate in the e-Rewards Program, he/she must re-enroll. Such re-enrollment must occur through re-invitation from an e-Rewards Sponsor.
e-Rewards will not provide a Deactivated Dormant Member access to re-enroll in the e-Rewards Program.
This Member Agreement commences upon Member's acceptance of this Member Agreement and completion of the registration process. This Member Agreement, and your account, may be terminated as follows:
By Member. Member may terminate membership in the e-Rewards Program at any time. Member's termination of the e-Rewards Program is effective upon Member terminating his/her membership on this website.
By e-Rewards.e-Rewards may terminate this Member Agreement, Member's password, account or use of the Member Service, and remove and discard any Member content effective immediately and without prior notice, for any reason, including, without limitation, inactivity; failure to provide accurate Registration Data; failure to provide accurate or truthful survey responses; sale, resale, auction, barter, or trade of e-Rewards Currency; or if e-Rewards believes that Member has violated or acted inconsistently with this Member Agreement.
Effect of Termination. Upon termination by either Member or e-Rewards:
e-Rewards may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or the e-Rewards Program.
Member's right to use the e-Rewards Program ceases immediately.
Member agrees to forfeit any unredeemed e-Rewards Currency upon termination.
In case of termination of the Member Agreement, Member agrees that e-Rewards shall not be liable to Member or to any third party for any termination of Member's account or Member's access to the e-Rewards Program.
Member may elect to discontinue receiving electronic communication from e-Rewards without terminating Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from e-Rewards.
Survival. The provisions of Sections 3b, 4, 6b, 9, 11, 12 and from 14 to 22 shall survive any termination of this Member Agreement.
e-Rewards reserves the right to modify this Member Agreement at any time without prior notice. e-Rewards may notify Member of changes to this Member Agreement, via email and/or by posting a notice on the e-Rewards website.
e-Rewards may discontinue, add to or revise any or all aspects of the e-Rewards Program in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the e-Rewards Program or membership. Sponsors and Reward Partners may be added, deleted, changed or modified at any time in e-Rewards' sole discretion.
If Member objects to any changes to the Member Agreement, Member's sole recourse shall be termination of the Member Agreement as set forth in Section 11 a. i. above.
Any new or additional features of the e-Rewards Program shall be subject to this Member Agreement.
Except as provided above with respect to modifications of this Member Agreement, e-Rewards may deliver notices to Member by prepaid certified mail, return receipt requested at the address in e-Rewards' database, or via electronic mail at the email address in e-Rewards' database; any such notice shall be deemed effectively given upon delivery. Member may give notice to e-Rewards by prepaid certified mail, return receipt requested at the following address: 5800 Tennyson Pkwy, Suite 600, Plano, TX 75024, Attn: Legal Department, and any such notice shall be effective upon receipt.
The provision by e-Rewards of a link to any other website or Internet location is for Member's convenience only and does not signify e-Rewards' endorsement of such other site or location or its contents. e-Rewards shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for Member's use of such information, software or links.
17. No Resale
Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website,
the e-Rewards Program, use of the e-Rewards Program, e-Rewards Currency, or access to the e-Rewards Program. The e-Rewards Program is provided for Member's personal, non-commercial use only.
18. Use and Storage
Member acknowledges that e-Rewards may establish general practices and limits concerning use of the e-Rewards Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the e-Rewards Program, the maximum disk space that will be allotted on e-Rewards' servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the e-Rewards Program in a given period of time. Member acknowledges that e-Rewards reserves the right to terminate accounts that are inactive for twelve (12) months or longer, as defined inactive by e-Rewards in its sole discretion. Member further acknowledges that e-Rewards reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that e-Rewards has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the e-Rewards Program.
19. Trademark Information
e-Rewards® and the e-Rewards logo are trademarks of e-Rewards, Inc. Other e-Rewards trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website, the application
or on or through the e-Rewards Program, are the property of their respective owners.
20. Disclaimer and Warranties
To the extent permitted by applicable law:
Member agrees that use of the e-Rewards Program and this website
is solely at the risk of the Member.
The e-Rewards Program and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
Neither e-Rewards nor its third-party partners make any warranty, express or implied:
With regard to any products, services, or gifts obtained by Members through the e-Rewards Program or through Clients, Sponsors, Partners or Reward Partners.
That the e-Rewards Program will meet Member's requirements.
That the e-Rewards Program will be uninterrupted, timely, free of errors or without defects.
As to the results a Member may obtain by using the e-Rewards Program.
As to the accuracy or reliability of any information obtained via the e-Rewards Program.
e-Rewards expressly disclaims any and all express, implied and statutory warranties regarding the e-Rewards Program, information, services or goods provided by or through the e-Rewards Program (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
The implied warranty of merchantability;
The implied warranties of fitness for a particular user or purpose; and
e-Rewards cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, Sponsors, Partners, Reward Partners, manufacturers of merchandise or suppliers of services.
No advice or information, whether oral or written, obtained by a Member from e-Rewards or via the e-Rewards Program shall create any warranty not expressly made herein.
21. Limitation of Liability
Neither e-Rewards nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:
The use or inability to use the e-Rewards Program;
The cost of procurement of substitute goods or services;
Any transaction entered into or through the e-Rewards Program;
The reliance on or use of any information, goods, services or merchandise provided on the e-Rewards Program;
Unauthorized access to or alteration of Member's transmissions or data;
Statements or conduct of any third party;
Any claim attributable to errors, omissions or other inaccuracies in the e-Rewards Program and/or materials or information retrieved through the e-Rewards Program; or
Any other matter relating to the e-Rewards Program or this Member Agreement.
The above limitation is applicable even if e-Rewards or its authorized representatives have been advised of (or know or should know of) the possibility of such damages.
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
Member acknowledges and agrees that e-Rewards neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for:
The accuracy of material contained in electronic mail, Internet, or other communications.
Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications.
Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
Member agrees that e-Rewards is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of the e-Rewards Program, including changes or discontinuances of service from particular providers to the e-Rewards Program, which may affect the amount of the e-Rewards Currency offered or the accrual of e-Rewards Currency.
22. Laws and Arbitration
The Member Agreement shall be governed by and construed according to United States federal law, as applicable, and by the laws of the state of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding the actual residence of the parties.
The Member Agreement constitutes the complete, final and exclusive understanding between e-Rewards and Member relating to the subject matter hereof and governs Member's use of the e-Rewards Program, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients, Sponsors, Partners, Reward Partners or other third-party partners of e-Rewards.
If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. e-Rewards and Member agree that all lawsuits or proceedings arising out of this Member Agreement; the enforceability, interpretation, or questions concerning the arbitration provisions set out below; or out of Member's use of the e-Rewards Program shall be brought in the State or Federal Courts located in Dallas County, Texas, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
e-Rewards' failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by e-Rewards in writing.
Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the e-Rewards Program or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
e-Rewards may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
All headings in this Member Agreement are for convenience only and have no legal effect.
Any dispute arising under or in respect of this Agreement may, at the election of either Member or e-Rewards, be resolved through binding arbitration in Dallas County, Texas, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. e-Rewards agrees to pay all arbitrator fees.
In the event Member or e-Rewards elects to resolve any claim or dispute between them by arbitration, neither Member nor e-Rewards shall have the right to litigate that claim in court or to have a jury trial on that claim, even if all parties have opted to litigate a claim in court. Member or e-Rewards may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.
Neither Member nor e-Rewards shall be entitled to join or consolidate claims in arbitration by or against other Members with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
The arbitrator shall only have the authority to resolve individual disputes between Member and e-Rewards.
The Federal Arbitration Act ("FAA") shall govern this provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statues of limitation, and shall honor all claims of privilege recognized by law.
Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order.
Member agrees to indemnify and hold harmless e-Rewards and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, Partners, Reward Partners or other partners, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the negligent or willful violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of the e-Rewards Program by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).