OWNERSHIP OF THE SITES AND SERVICE

All contents of the Service, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as “Content”. The Service and Content, and all associated intellectual property rights are the sole and exclusive property of Roost Rewards and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Roost Rewards. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

DISCOUNTS

We may offer sales and discounts to our customers from time to time, which may be subject to additional terms and conditions. Please note that regardless of any offers of such rewards, Roost Rewards reserves the right to change the rewards and discounts, if any, over time without any prior notice.

INDEMNIFICATION

By accepting points or rewards, you agree to indemnify each of Roost Rewards, other program partners, and each of their respective officers, directors, employees, agents, affiliates and successors for any and all claims, damages, expenses, losses and causes of action (including attorney fees and court costs) incurred or suffered by any of the foregoing persons or entities and arising out of or relating to your breach of any provision of these Program rules, or any materials (regardless of form) that are provided by you. You agree to cooperate as fully and reasonably required in our defense and/or settlement of any such claim. Roost Rewards reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

DAMAGES

Any attempt to deliberately damage any web site or undermine the legitimate operation of the Program is a violation of criminal and civil laws. Roost Rewards reserves the right to seek damages for any such attempt to the fullest extent permitted by law.

DISPUTES

If you have a dispute concerning Roost Rewards’ accrual or redemption of points and/or other Program activities, please notify Roost Rewards by sending an e-mail to admin@roostrewards.com. Roost Rewards will investigate the matter. If following such investigation Roost Rewards determines it appropriate, Roost Rewards will re-credit your points for the amount in dispute, or determine that a different adjustment or no adjustment is necessary.

PRIVACY

Each client who earns and/or redeems points and/or receives rewards consents to, and authorizes Roost Rewards, any of their respective subsidiaries and affiliates, and any non-affiliated third parties with whom any of the foregoing contract in order to manage and administer the Program, to share information about the client as necessary or appropriate to effect, administer, enforce, service, or fulfill the terms of the Program. In addition, if the client redeems points at the Roost Rewards Rewards website, then he or she thereby consents to and authorizes each of the foregoing parties to communicate with the client through electronic mail in order to accomplish the foregoing purposes. The client consents and authorizations shall be effective while the account is open and shall not be superseded by any future privacy statement or opt-out notifications or elections the client may make.

FEEDBACK

We welcome feedback, comments, user experience and suggestions for improvements to our Service (“Feedback”). You can submit Feedback by emailing us at admin@roostrewards.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We are not obligated to keep any Feedback confidential, to pay you anything for any Feedback (whether we use it or not), or to respond to any Feedback. We also are not obligated to return any Feedback to you, in any form. You agree that no Feedback provided to us will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

CHANGES

Unless otherwise agreed, Roost Rewards may discontinue or modify the Roost Rewards Platform at any time without prior notice to you, and you accept those modifications if you continue to use the Roost Rewards Platform.

TERMINATION

Roost Rewards may terminate your access to the Roost Rewards Platform for any reason, without prior notice.

GOVERNING LAW

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of Illinois, without regard to conflicts of law, and shall inure to the benefit of Roost Rewards’ successors and assigns, whether by merger, consolidation, or otherwise.

WARRANTY DISCLAIMER RELATING TO THE SERVICE

EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY Roost Rewards ON AN “AS IS” AND “AS AVAILABLE” BASIS. Roost Rewards, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Roost Rewards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. Roost Rewards DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, OR ANY FEATURE MADE AVAILABLE TO YOU THROUGH THE SERVICE, Roost Rewards’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Roost Rewards ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Roost Rewards WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, OR ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WARRANTY DISCLAIMER RELATING TO THE PRODUCTS

THE PRODUCTS (INCLUDING ANY SOFTWARE THAT MAY BE USED IN SUCH PRODUCTS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY Roost Rewards ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY Roost Rewards. Roost Rewards, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ROOST REWARDS, OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCT DESCRIPTIONS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.