Terms & Conditions

RewardThePublic Terms of Use     Last modified: 10/11/2012

RewardThePublic Inc., a Wisconsin corporation (“RewardThePublic”), owns and operates the Web site located at the URL www.rewardthepublic.com, and portions of other Web pages and Web content (collectively, “the “Site”) through which you have accessed these Terms of Use (this “Agreement”). By visiting, using and/or submitting information to the Site, you accept and agree to be bound and abide by the terms and conditions of this Agreement and RewardThePublic’s Privacy Policy, located at http://www.rewardthepublic.com/privacy (the “Privacy Policy”), incorporated hereby.

This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, RewardThePublic may monitor your access and use of the Site in accordance with RewardThePublic’s Privacy Policy.

Amendments of this Agreement

RewardThePublic reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged and expected to revisit this Agreement from time to time in order to review any changes that have been made, as they are binding on you. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Your Access and Use of the Site

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and RewardThePublic’s Privacy Policy.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify RewardThePublic of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Your access and use of the Site may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that RewardThePublic, in its sole discretion, may elect to take. RewardThePublic reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

Any action by you that, in RewardThePublic’s sole discretion: (i) violates the terms and conditions of this Agreement and/or RewardThePublic’s Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without the prior express written permission of RewardThePublic.

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.

Public Forums; Reliance

RewardThePublic.com may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing users of the Site to contribute information and make statements (“User Generated Content”). RewardThePublic does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that RewardThePublic has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. RewardThePublic assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Without limiting the generality of the foregoing, and although RewardThePublic does not regularly review User Generated Content provided in the Forums, RewardThePublic reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

Immediately report problems with the Forums to RewardThePublic at admin@rewardthepublic.com.

Transmissions, Submissions and Postings to the Site

If you transmit, submit or post information to the Site that is copyright protected, you automatically grant RewardThePublic and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the RewardthePublic and its affiliates the license granted above.

You shall not transmit, submit or post the following to the Site:

  • Information that infringes RewardThePublic’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation or promotes any illegal activity;
  • Information that is libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to RewardThePublic or third parties or that infringes on RewardThePublic’s or any third party’s rights of publicity or privacy;
  • Information that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  •  Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  •  Information that is false, inaccurate or misleading; or
  • Commercial advertisements or solicitations without written permission from RewardThePublic.

Although RewardThePublic does not regularly review your transmissions, submissions or postings, RewardThePublic reserves the right (but not the obligation) to:

  • Review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement;
  • Edit, refuse to post or remove your transmissions, submissions or postings for any or no reason in our sole discretion;
  • Take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion if we believe that such User Generated Content violates this Agreement, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public or could create liability for the RewardThePublic;
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;
  • Terminate your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS REWARDTHEPUBLIC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REWARDTHEPUBLIC OR LAW ENFORCEMENT AUTHORITIES.

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

RewardThePublic’s Intellectual Property Rights

The names “RewardThePublic”, “RewardThePublic.com”, and “Rewardthepublic.com and design”, and RewardThePublic’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RewardThePublic or its subsidiaries, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of RewardThePublic, which permission may be withheld in RewardThePublic’s sole discretion. RewardThePublic makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, RewardThePublic or its Content suppliers. RewardThePublic also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of RewardThePublic or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You are solely responsible for any damage resulting from your infringement of RewardThePublic’s or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by RewardThePublic or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

RewardThePublic grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work for legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of RewardThePublic or in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, create derivative works of, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of RewardThePublic, which permission may be withheld in RewardThePublic’s sole discretion. If you print, copy, modify, download or otherwise use any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may not use any meta tags or any other “hidden text” utilizing RewardThePublic’s name or trademarks without the express written permission of RewardThePublic, which permission may be withheld in RewardThePublic’s sole discretion.

Access and Interference

The Site contains robot exclusion headers. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without RewardThePublic’s express written permission which may be withheld in RewardThePublic’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in RewardThePublic’s sole discretion an unreasonable or disproportionately large load on RewardThePublic’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of RewardThePublic and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass RewardThePublic’s robot exclusion headers or other measures RewardThePublic may use to prevent or restrict access to the Site. Notwithstanding the foregoing, RewardThePublic grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on the Site, but not caches or archives of such materials. RewardThePublic reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without the express written permission of RewardThePublic, which permission may be withheld in RewardThePublic’s sole discretion.

Electronic Communications

When you visit the Site or send email to RewardThePublic, you are communicating with RewardThePublic electronically. You consent to receive communications from RewardThePublic electronically. Although RewardThePublic may choose to communicate with you by regular mail, RewardThePublic may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that RewardThePublic provides to you electronically satisfy any legal requirement that such communications be in writing.

Third Party Links

There may be provided on the Site links to other Web sites belonging to RewardThePublic’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by RewardThePublic of those Web sites, nor the products or services listed on those Web sites. RewardThePublic is not responsible for the activities or policies of those Web sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  RewardThePublic does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. RewardThePublic does not guarantee that the proposal, terms or rates offered by any particular advertiser, promoter, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including their privacy statements.  We encourage you to carefully read the privacy statement of any Web site you visit.

Copyright Infringement

It is RewardThePublic’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. RewardThePublic shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of RewardThePublic and/or others.

Without limiting the foregoing, if you believe that your work has been copied and posted on the RewardThePublic Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on RewardThePublic; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to RewardThePublic’s designated agent. RewardThePublic’s designated agent contact information is set forth below:

Gray Plant Mooty

ATTN: Jennifer C. Debrow - Copyright Infringement Notice

500 IDS Center

80 South 8th St

Minneapolis, MN 55402

Email address of designated agent: jennifer.debrow@gpmlaw.com

Facsimile number of designated agent: 1-612-632-4357

Geographic Restrictions

The Site is controlled and offered by us from our facilities in the United States of America. RewardThePublic makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

RewardThePublic Makes No Representations or Warranties Regarding the Content

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER REWARDTHEPUBLIC NOR ANY PERSON ASSOCIATED WITH REWARDTHEPUBLIC MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, REWARDTHEPUBLIC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, NON_INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. REWARDTHEPUBLIC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

REWARDTHEPUBLIC IS IN NO WAY AFFILIATED WITH NOR A SUBSIDIARY OF ANY VENDORS ON THE SITE. REWARDTHEPUBLIC IS NOT THE AGENT OF ANY AND ALL VENDORS ON THE SITE. REWARDTHEPUBLIC DOES NOT ENDORSE ANY VIEWPOINT, STATEMENT OR POLICY EXPRESSED BY VENDORS AND ANY VIEWOINT, STATEMENT OR POLICY IS SOLEY THAT OF THE VENDOR. affiliated

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, RewardThePublic recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.

Limitations on RewardThePublic’s Liability

IN NO EVENT WILL REWARDTHEPUBLIC OR ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REWARDTHEPUBLIC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. REWARDTHEPUBLIC’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT REWARDTHEPUBLIC SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of RewardThePublic

You shall defend, indemnify and hold harmless RewardThePublic and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by RewardThePublic; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).

RewardThePublic’s Remedies

You acknowledge that RewardThePublic may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, RewardThePublic shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Dane County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration

You agree that: (i) the Site shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over RewardThePublic, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement and any dispute or claim arising out of, or related to, it, its subject matter or its formation (in each case, including non-contractual disputes or claims) is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Dane County, Wisconsin.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS.

You and RewardThePublic shall select the arbitrator, and if you and RewardThePublic are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and RewardThePublic and your and RewardThePublic’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or RewardThePublic be entitled to punitive, special, indirect or consequential damages and both you and RewardThePublic hereby waive your and RewardThePublic’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RewardThePublic, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Dane County, Wisconsin.

Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

We use another company to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our site.

Web beacons

Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

We use a third party to gather information about how you and others use our Web site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.

Miscellaneous

No waiver of this Agreement by RewardThePublic shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of RewardThePublic to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by RewardThePublic from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and RewardThePublic’s Privacy Policy represent the entire understanding and agreement between you and RewardThePublic regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations, both written and oral regarding the same.

We value feedback from you. You may choose or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site. By submitting any such feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, will not place the RewardThePublic under any fiduciary or other obligation, and that we are free to use, disclose and otherwise exploit your feedback without any restriction and without additional compensation to you. By acceptance of your submission, RewardThePublic does not waive any rights to use similar or related feedback previously known to RewardThePublic, developed by its employees, or obtained from sources other than you.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact us via any of the methods set forth below:

•             Via telephone: (651) 216-1445

•             Via fax: 1-302-340-0322

•             Via mail: RewardThePublic Inc., PO Box 70, 808 Heggen St,  Hudson, WI 54016

•             Via email: admin@rewardthepublic.com