TERMS OF USE
The foregoing outlines the general Terms of Use (hereinafter “Terms”) under which you the user (hereinafter “You,” “Your” or “User”) may access the content, underlying functionality, connections, and related information available through www.RewardsMD.com well as any related mobile or tablet application which draws information from that URL (hereinafter “the Platform” or “Platform”).
RewardsMD.com (hereinafter “Company”) has created, developed, launched and now monitors, maintains, and supports the Platform for purposes of facilitating users to check in using a biometric on their smart phone for which they may earn rewards upon accruing points. The Platform may leverage user’s personal and/or work phone numbers, addresses, and email addresses.
The Terms include a Privacy Policy (hereinafter “Policy”) which can be accessed at www.RewardsMD.com and are incorporated by reference herein which User agrees to read and abide by.
The Terms as well as the Policy may be revised from time-to-time by Company and posted by Company on it’s website as they become available requiring User to periodically review the Platform for such modifications.
The User agrees to review at first opportunity any and all modifications or amendments to the Terms and Policy and further agrees to be bound by any subsequent modification or amendments of the Terms and Policy of the Company.
Company has the exclusive right to change, alter, terminate, alter, adjust or modify the points rewards program. Company is NOT responsible for any changes in vendor gift cards including values, monetary amounts, or business practices of said vendor.
The following is mutually agreed upon by both User and COMPANY with regard to allowing access as well as future use of functionality provided through the Platform:
1. Eligibility. In order to use, gain access, create a profile/account, or enjoy the functionality of the Platform, You must be at least 18 years of age or older, or the age of majority as defined in the jurisdiction in which You reside. By accessing and using the Platform, You represent and warrant to COMPANY that You have reached the age of majority in your jurisdiction, and that You have the capacity and authority to abide by the Terms and Privacy Policy. You also represent to COMPANY that You will not use the Platform in a manner inconsistent with applicable laws and regulations in Your jurisdiction.
2. Registration and User Account. To access the Platform, you first must create an account. You may never use an account of another user without the express written permission of COMPANY. When creating your account, You must provide full, ACCURATE and complete information. The information You submit will be used in accordance with the Privacy Policy. You are solely responsible for the activity that occurs on Your account, and You must keep your account password secure. You must notify COMPANY IMMEDIATELY of any breach of security or unauthorized use of Your account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your profile, account and password, whether or not authorized by You. You agree to IMMEDIATELY notify COMPANY of any unauthorized use of your account, profile, passwords, as the case may be. You understand and acknowledge that You have no ownership rights in your COMPANY account, and, if You cancel your account, all your account information may be deleted from the COMPANY database at the discretion of COMPANY.
4. User’s Restrictions. You may not use the Platform in order to transmit, post, distribute, store or destroy material, including without limitation, any type of material that:
a. violates any applicable law or regulation;
b. constitutes any form of solicitation of illicit, leud, immoral, or illegal service;
c. infringes in any manner the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
d. is defamatory, obscene, threatening, abusive or hateful.
You are also prohibited from violating or attempting to violate the security of the Platform, including without limitation, the following activities:
a. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. COMPANY will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
e. User may not “check-in” as required by RewardsMD app and not receive medical attention. In order for a User to achieve points for the “check-in”, User must have a visit with a medical professional in which a claim is generated to an insurer, either private or public
f. User may not receive points for more than one “check-in” per day
g. User may not receive points for more than one pharmacy visit per day
h. User will not qualify for any points if more than one person uses biometric to generate a check-in on same smart phone. .
5. Responsibility for Content. You are solely responsible for Your account information, profile, content, messages, audio, video, photos, text, images, compilations or other information that You post on the Platform or transmit to other users. COMPANY is not responsible or liable to any government or jurisdiction for the use of the Platform by any their citizens, residents or subjects. COMPANY does not recognize any laws passed in any jurisdiction which holds COMPANY or Platform liable for the behavior or use by any user.
6. Cooperation with Law Enforcement. COMPANY will protect all user information and records and will only release any request for user records or transactions with a legitimate, validated judicial subpoena from a jurisdiction that COMPANY and its officers deems not to pose an arbitrary threat to the civil liberties of its citizens or residents. COMPANY and its officers will not cooperate with any government that is deemed to be corrupted or a threat to the civil liberties of its citizens or residents. Generally speaking, COMPANY will willingly cooperate with the law enforcement and intelligence agencies of all NATO member countries.
7. Accuracy of Content. COMPANY specifically prohibits any other use of the Platform, and all users agree not to engage in any of the following activity:
a) post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not your own;
b) post on the Platform any franchise, multi-level marketing scheme, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
c) delete or revise any material posted by any other person or entity;
d) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine, search agents and API available from COMPANY;
e) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform; aggregate, copy or duplicate in any manner any of the Platform content without express written consent from COMPANY;
f) frame or link to any information available from the Platform;
g) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant COMPANY all of the license rights granted herein.
COMPANY does not monitor any materials posted, transmitted, or communicated to or within the Platform. If you believe that any material posted on the Platform or accessible through the Platform violates these Terms please contact our designated agent set forth in Section 16 below. If notified by a user of any materials which allegedly do not conform to these Terms, COMPANY may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. COMPANY has no liability or responsibility to the users for performance or nonperformance of such activities.
8. Copyright Issues. COMPANY does not permit copyright infringing activities and infringement of intellectual property rights on its Platform, and COMPANY will properly notify and prosecute any infringers of COMPANY’s intellectual property rights. COMPANY reserves the right to remove material without prior notice. COMPANY is not responsible for the accuracy, usefulness, value or related information exchanged between users, including with regard to underlying services.
9. Account Termination Policy. COMPANY respects the intellectual property of others, and we ask our users and content partners to do the same. As a condition to your use of the Platform, You agree not to use the Platform in a matter that duplicates, copies, misappropriates and/or infringes the intellectual property rights of COMPANY in any way. We will terminate the accounts of any COMPANY users, and block access to the Platform of any users who are repeat infringers of the copyrights, or other intellectual property rights of COMPANY. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated, any other user which may or may not be affected by our actions or to the user whose access is blocked.
10. COMPANY Liability. COMPANY makes no representations about any non-verified profile, content, data, functionality, service information provided or offered on the Platform. COMPANY may take any action with respect to user profiles, content or service offering that it deems necessary or appropriate in its sole discretion to protect the integrity of its marketplace or users. While COMPANY reserves the right in its sole discretion to remove or alter content or other material from the Platform from time to time, COMPANY does not assume any obligation to do so and disclaims any liability for failing to take any such action.
You assume all risks associated with using any data provided through the Platform. We expect that You will use caution and common sense when using the Platform – Platform is not a game.
Accordingly, User shall release COMPANY (and its agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute You may have through use of the Platform.
COMPANY cannot guarantee and does not promise any specific results from use of the data, information or services offered on the Platform.
11. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. No Warranties as to Quality or Fitness of Goods/Access Sold/Exchanged. COMPANY makes no warranties as to the quality of access, goods or services brokered on the Platform, exchanged thereon and/or sold on Platform. Moreover, such access, services and/or jobs are purchased “AS IS” without any warranty by COMPANY, which includes the underlying data relating to the information and services provided for sale. COMPANY does not warrant any such access, goods, services or jobs offered for sale or sold are fit for any purpose. User agrees and admits that it shall have no claim in law or equity against COMPANY regarding the quality or fitness of any access, goods, services or jobs offered for exchange or sold through Platform, including any damages arising from use or employ of any of the information, data, services or related functionality offered on or through the Platform.
13. Indemnity. You agree to defend, indemnify and hold harmless COMPANY, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of Your user submissions/transactions/post(s) caused damage to a third party, or (v) any defects as to the quality of goods or services sold through the Platform. This defense and indemnification obligation will survive these Terms and Your use of the Platform.
14. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by COMPANY without restriction.
15. Jurisdiction and Disputes. This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be subject to resolution by the officers of Smartperks, Inc. and failing resolution or recusation by the COMPANY and/or its officers, the Parties (User and COMPANY) all consent first to the use of a professional arbitrator any finally to jurisdictional or a competent court of law as a venue of last recourse.
16. Designated Agent. All notices and communications with respect to the Terms are to be directed in writing by e-mail to Admin@RewardsMD.com