PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING THE RATEMYREWARDS.COM “WEBSITE.” YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE LEGALLY BINDING TERMS. CAREFULLY READ THE COMPLETE TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE YOU MUST EXIT THE WEBSITE.
THE INFORMATION AVAILABLE ON THIS WEBSITE DOES NOT CONSTITUTE FINANCIAL OR INVESTMENT ADVICE AND IS PROVIDED AS IS AND FOR INFORMATIONAL PURPOSES ONLY. ALL CONTENT (AS DEFINED HEREIN) IS OF A GENERAL NATURE AND IS NEVER INTENDED TO CONSTITUTE ADVICE WITH RESPECT TO SPECIFIC CIRCUMSTANCES OR OTHER ADVICE OF ANY KIND. BY AGREEING TO THESE TERMS YOU ACKNOWLEDGE AND AGREE NOT TO HOLD US, OUR EMPLOYEES, OFFICERS, DIRECTORS OR AFFILIATES LIABLE FOR ANY POSSIBLE CLAIM FOR ANY DAMAGES WHATSOEVER ARISING FROM ANY DECISION YOU MAKE OR AGREEMENT YOU ENTER INTO WITH ANY THIRD PARTY ARISING FROM YOUR ACCESS TO THE CONTENT AND THIS WEBSITE.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1 By using our Website, you, as the “User,” acknowledge having read and understood these Conditions of Use (“Conditions of Use” or “Terms”) and, accordingly, you agree to abide by them, as well as any future modifications that may be made. These Conditions of Use represent a binding agreement between you and Rate My Rewards (“RMR”, “us, “we” or “our”).
1.2 These Conditions of Use are subject to change, modification, addition or deletion at any time, at RMR’s sole discretion without notice to you. Any such change will be posted on this page. Please refer to these Conditions of Use regularly in case any changes are made to them. Your continued use of this Website signifies your acceptance of such revised Conditions of Use.
1.4 RMR is based in Toronto, Ontario in Canada. We provide this Website for use only by persons located in Canada, and it is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. We take no responsibility or liability whatsoever in this regard.
Service Disclaimer: RMR provides an information service for Users to compare various aspects of credit cards featured on the Website. By using these “Services,” you understand and acknowledge that RMR provides a platform for Users to obtain information on third party credit card products. RMR is not a provider, vendor or broker of credit cards, nor is it a financial or investment advisor. The information provided on the Website is provided AS IS and for informational purposes only and is not and should not be construed as financial or investment advice. RMR makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date. Additionally, some of the information about credit card products appearing on the Website is provided directly by “Vendors” of credit cards, not by RMR (“Vendor Content”). As between RMR and Vendors, Vendors are exclusively responsible for Vendor Content, and RMR shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content. Users are strongly encouraged to consult an independent competent professional before transacting with any Vendor for any Financial Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.
Membership/Subscription: You do not need a membership/subscription in order to view the Website or apply for a credit card, however, if you do not register for a membership/subscription certain features (i.e. special offers) will not be available to you. In order to subscribe, you will be required to provide your personal information such as your name and e-mail address. During the registration process you will be asked to agree to receiving communications from RMR. You are not obligated to agree to receiving communications but if you do not, you will not be able to receive many of our Services.
Fees: The use of the Website is free of charge for Users. RMR may receive referral fees from third parties or Vendors from directing you to those services.
3. PERSONAL USE/PRIVACY/CONTENT
Under no circumstances will RMR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via this website. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that RMR does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. RMR shall have no obligation to monitor any user generated content, however, RMR and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on this website, including disabling access to content that you have downloaded through this website.
3.3 YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content (including, without limitation, anything in connection with your comments) or otherwise use this website in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; or (v) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of RMR. RMR reserves the right to remove any Content from this Website at any time, for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if RMR is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not RMR, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate and you warrant that you possesses all rights necessary to provide such content to RMR and to grant RMR the rights to use such information in connection with this website and as otherwise provided herein.
4. GUEST BLOGGERS/WRITERS The opinions expressed by RMR guest bloggers/writers are the personal opinions of the guest bloggers/writers and do not necessarily reflect the views of RMR (“Blogger Content”). RMR disclaims all liability related to any Blogger Content.
By submitting any materials to RMR guest bloggers/writers automatically grant (or warrant that the owner of such materials expressly grants) RMR and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Website or other service through which the materials were submitted or generated, and for all promotions thereof. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived and you acknowledge that RMR has the right to revise or edit, as it considers appropriate, any materials which you submit to RMR.
RMR and/or its affiliates and licensors are not responsible for Blogger Content and will not be responsible for any reliance or decisions made based on such information. Please note that RMR reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
All letters, blogs, articles, comments, and other material submitted for publication may be published, distributed and stored by RMR, its assignees and its licensees in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the author.
5.2 By using this Website, you expressly relieve RMR from any and all liability arising from your use of any third party website or entering into an agreement with a third-party vendor promoted on this Website. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RMR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that RMR is under no obligation to become involved.
6. INTELLECTUAL PROPERTY
6.1 The trademarks and logos used or posted on our Website are trademarks and logos registered or used by RMR or third parties. Nothing on our Website may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos by you without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on our website for commercial or advertising purposes or to increase the number of visitors to your website.
6.2 All the Content on our Website (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts and software) are protected by copyright and belong to RMR or third parties acting as Content providers.
6.3 Subject to section 6.4 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on our website, in whole or in part.
6.4 You can download or copy Content only for your personal use (i.e. non-commercial purposes) provided you maintain all of the intellectual property notices they contain. Copying, downloading, distributing, or modifying Content for purposes other than personal use is strictly forbidden without the prior written permission of RMR.
6.5 You are responsible for all of your activity in connection with accessing this Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any RMR User. Use of this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on this website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on this website infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of this Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on this website.
7. REPRESENTATIONS AND WARRANTIES
7.1 You hereby indemnify, defend and hold RMR, its directors, officers, shareholders, employees, affiliates , representatives and content providers harmless from and against any and all monetary damages in principal, interest, legal and extrajudicial costs and any other damages, including without limitation, all legal costs incurred by RMR related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance by you or any other user of your account with these Conditions of Use. RMR reserves the right to participate in the defense of any such Claim and to be represented by a legal representative of its choice.
8. WARRANTY DISCLAIMER.
8.1 RMR has no special relationship with or fiduciary duty to you. You acknowledge that RMR has no control over, and no duty to take any action regarding: which Users gains access to this Website; what Content you access or use via this Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content, including using Content to make financial or investment decisions; or what actions you may take as a result of having been exposed to the Content. You release RMR from all liability for you having acquired or not acquired Content through this Website. RMR makes no representations concerning any content contained in or accessed through this website, and RMR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this Website. RMR makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on this Website, or regarding suggestions or recommendations of services or products offered or purchased through this Website, or that this Website or any content will be uninterrupted or error-free. Services are provided “AS IS” without any warranty of any kind from RMR. THE SERVICES, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR
COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK.
9. LIMITATION OF LIABILITY
9.1 Our Website may contain opinions and advice provided by our writers, independent bloggers and experts, which opinions and advice do not necessarily reflect the views of RMR nor does not endorse their content, Blogger Content. RMR disclaims all liability related to any such content. Thus, RMR, its affiliates, directors, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of or reliance on any such opinions and advice.
9.2 RMR disclaims all liability related to any error which may be found on its Website. Thus, RMR and any third party providing content on RMR’s website, their respective affiliates, directors, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of our Website.
LIMITATION OF LIABILITY. IN NO EVENT SHALL RMR OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THIS WEBSITE OR ITS CONTENT OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND RMR’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10.1 You can cancel your subscription/membership to the RMR at any time by sending an email notice to email@example.com or by clicking the unsubscribe button included in our electronic communications. RMR can, at its sole discretion, cancel your subscription/membership for any reason, including without limitation, the non-compliance with these Conditions of Use.
11.1 This Agreement shall remain in full force and effect while you use this website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. RMR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RMR’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with RMR’s prior written consent. RMR may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of Ontario without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Toronto, Ontario. Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RMR in any respect whatsoever.
13. HOW TO CONTACT US ABOUT THESE CONDITIONS OF USE
13.1 If you have any questions regarding these Conditions of Use, you can reach us at Info@ratemyrewards.com