PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
You may visit this Site without registering or providing us any information. Participation in the Program will require enrollment in the Program and enrollment of your personal information as described herein. If you do not agree to these Terms, please exit this Site and, if you are enrolled in the Program, cancel your enrollment by following the instructions in the “Cancellation and Termination” section of these Terms.
Changes to Terms
We reserve the right, at our sole discretion, to modify, add, or remove any portion of these Terms in whole or in part, at any time. Modifications will be posted on the Site and will be effective immediately upon posting (or such effective date as may be indicated at the top of the revised Terms), and we will otherwise strive to provide you notice of such changes. Any use of the Site or any service provided via the Site or continued participation in the Program following such change constitutes your agreement to the change. Online modifications and amendments supersede any printed version/copy of these policies, terms, and conditions.
When you have a qualifying purchase at a restaurant in the Program (“Participating Merchant”) with an eligible credit and/or debit card that you have enrolled in the Program (“Linked Card”), we will work with Rewards Partner to award you the reward stated on the Program Site or promotional materials, subject to the terms and conditions stated on the Program Site or promotional materials, which are incorporated into these Terms by this reference. See "How It Works" for current information on rewards requirements and benefits. You authorize the applicable Payment Card Network (as defined below) to share with us Linked Card purchase or return transaction information, such as the time, date, and amount, at Participating Merchants. Program benefits are subject to change at any time.
Online Ordering Available
When you place a qualifying Online Ordering Available order through the Program Site (online ordering powered by ChowNow), you will earn rewards at your current earning rate, or at another rate as otherwise communicated from time to time by us to you via email, promotional material, or via placement on the Program Site. No rewards will be earned on tax, tip, and/or delivery-related fees for orders placed through the Program Site. You will not need to use a Linked Card to earn rewards when you place an online order directly through the Program Site.
Online Ordering Only
Participating Merchants identified on the Program Site as “Online Ordering Only” only award rewards for orders placed directly through the Program Site. No rewards will be awarded for qualifying transactions completed on dine-in orders. Like with Online Ordering Available Participating Merchants, no rewards will be earned on tax, tip, and/or delivery-related fees for orders placed at Online Ordering Only Participating Merchants. You will not need to use a Linked Card to earn rewards when you place an online order directly through the Program Site.
Reward Limitations and Restrictions
Not all purchases at Participating Merchants will yield rewards. You will not receive rewards for a purchase from a Participating Merchant unless your purchase with your Linked Card meets the terms of a qualifying purchase. For instance, purchases with your Linked Card at a Participating Merchant may qualify only up to a specified dollar amount, or only if made during certain time periods on specified days, or may be subject to other restrictions included on the Site. You should refer to the Participating Merchant’s details web page on the Site or, for a promotional offer, the terms stated on the promotion for the specific terms applicable for a qualifying purchase. Other conditions for earning rewards (for example, submission of a survey within a specified time period or building a minimum amount of rewards within a specified period of time) may be applicable.
Not all payment cards are eligible to participate in the Program. Certain payment cards (such as gift cards, flexible spending accounts or EBT cards) may not be processed through American Express®, Mastercard®, Visa®, Discover® or another payment card network (each, “Payment Card Network”), or a payment card processor and are therefore not eligible to participate. Your Linked Card may not be monitored for eligibility to earn rewards through some Payment Card Networks or payment card processors, that cannot identify our merchants. In addition, depending on the Payment Card Network or payment card processor, some transactions with your Linked Card (for example, PIN-based transactions, or transactions through a third-party payment mobile application), may not be monitored for eligibility to earn rewards. Please do not use a debit card PIN or a third-party payment app if you want a qualifying purchase to earn rewards. Certain corporate payment cards may be ineligible to earn rewards through the Program. If you attempt to link an ineligible card, you will receive an error message.
The rewards for which you are eligible may vary depending on a variety of factors, such as the Participating Merchant and your level of activity within the Program. You may be eligible for rewards and offers that are not available to others, and other rewards and offers may not be available to you. Information on the type, amount, limits, and other conditions on rewards and offers available to you, as well as current Participating Merchants, are available by signing in to your Program account with your unique login ID. You are responsible for reviewing this information before you make a purchase at a Participating Merchant, as these details may change from time to time and may affect the rewards and offers you receive. Reward Partner’s program may also contain terms and conditions that govern the award or redemption of, or other terms related to, rewards and rewards under the Program are subject to Reward Partner’s Program Terms and Conditions and Program Guidelines.
In some cases, a Participating Merchant’s payment card processor may experience a lag time (approximately 24 hours) between when a credit and/or debit card is linked to a Program account and when the payment card processor is able to identify and provide us with the dining transaction data associated with that Linked Card. If you believe that you are eligible for rewards for dining at a Participating Merchant, and those rewards have not registered in your Program account within 10 days of the dine, please contact the Program’s Member Services at (866) 530-3463. We reserve the right to require that you provide a receipt from the Participating Merchant or documents reasonably required by us to evidence an eligible transaction in order to receive your reward.
We and Rewards Partner are not responsible for income tax or other tax liability (if any) associated with rewards you earn under the Program.
Limits on Linked Cards
We operate many different rewards programs, of which this Program is only one. A list of the rewards programs we operate is available here. You may link up to twelve (12) Linked Cards with us as part of the Program, but any one eligible credit and/or debit card may be linked with only one program. If you subsequently link a Linked Card with another program that we operate, we will remove your Linked Card from participation in this Program, and that Linked Card will earn rewards under the new program and not under the original Program. Likewise, if your Linked Card was previously linked with us in another program that we operate, we will remove that Linked Card from participation in the other program, and that Linked Card will earn rewards in this Program. You will be notified if your Linked Card has been removed from one program because it has been linked in another program that we operate. For example, if you are a member of our Rewards Network-owned program, https://neighborhoodnoshrewards.com/ ("Neighborhood Nosh"), and you enroll a Linked Card that is part of the Program in Neighborhood Nosh, that Linked Card will be removed from the ability to earn rewards in the Program and you will be notified of this by email.
Use of the Site
You may use the Site to obtain information about, and to enroll and participate in, rewards programs we offer based on use of credit and/or debit cards at Participating Merchants. In order to participate in the Program, you must be at least 18 years old and a resident of the United States. We do not knowingly market to, or solicit or collect information from, children under the age of 18.
We may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.
We grant you a non-exclusive, non-transferable, limited right to access, display, and use the Site, and all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials ("Content") on the Site, for your personal and internal purposes.
You may download Content from the Site subject to these restrictions: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your internal and personal use in learning about, evaluating, or participating in the Program; (3) you may not modify the Content, or sell, assign, or transfer the Content to any person; (4) you may not reproduce, disclose, display, or distribute the Content in any public or commercial manner; and (5) you will not alter or remove any copyright notice, proprietary legend, or other notice contained in any Content.
All Content on the Site, such as text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, and software, and the compilation of such content is our property or the property of our Participating Merchants or Rewards Partner and is protected by United States and international copyright laws. We, Participating Merchants, and Rewards Partner reserve all rights thereto.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Site, are distinctive and protected trademarks or trade dress of Rewards Network, our Participating Merchants or Rewards Partner. The Site may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Any unauthorized use of the Site Content or of the copyrighted, trademarked, or other intellectual property on the Site is strictly prohibited and may be prosecuted to the fullest extent that the law provides. All rights in the intellectual property relating to the Site and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Site or the Content.
Our policy is to terminate privileges of any user who infringes the copyright rights of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide the following information to our Copyright Agent identified below.
(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 the Services; (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. Our Copyright Agent for purposes of this notifications is:
540 West Madison Street
Chicago, IL 60661
You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Program, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; (2) disrupt or interfere with any other person’s access, use, or enjoyment of the Program, Site or affiliated or linked websites; (3) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (4) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site; (5) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and (6) violate any local, state, or federal laws or regulations that apply to your access to or use of the Site or the Program. You may not access, use, or copy any portion of the Site or of the Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
The Site may contain links to third-party sites. We do not control the availability and content of these third-party sites. Any concerns regarding any third-party site should be directed to the particular third-party site. Links to third-party sites include, but are not limited to, links to Online Ordering partners (like ChowNow).
The existence of a link on this Site does not constitute our endorsement or recommendation of the third party or the third-party’s site. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE.
Any false or misleading uses of the Site or its Content are prohibited. We reserve the right in our sole discretion to require you to remove a link to the Site or its Content.
All Content on the Site is subject to change without notice. Although efforts have been made to make the Site helpful and accurate, we do not warrant the accuracy of the Content.
THE SITE, ITS CONTENT AND THE PROGRAM ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WE AND THE PAYMENT CARD NETWORKS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SITE, ITS CONTENT OR THE PROGRAM ARE OF A REASONABLY ACCEPTABLE QUALITY AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
WITHOUT LIMITING THE FOREGOING, WE AND THE PAYMENT CARD NETWORKS MAKE NO WARRANTY THAT (A) THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PROGRAM WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR PROGRAM WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation on Damages
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT OR THE PROGRAM, IN NO EVENT WILL WE, REWARDS PARTNER OR THE PAYMENT CARD NETWORKS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ITS CONTENT OR THE PROGRAM, ANY HYPERLINKED WEBSITE, THE PRODUCTS OR SERVICES OFFERED BY PARTICIPATING MERCHANTS, OR THE ACTS OR OMISSIONS OF PARTICIPATING MERCHANTS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR ITS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US, REWARDS PARTNER, OR ANY PARTICIPATING MERCHANT OR PAYMENT CARD NETWORK, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IN NO EVENT WILL IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND THE PAYMENT CARD NETWORKS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, PUBLIC HEALTH RESTRICTIONS, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold us, Rewards Partners, the Payment Card Networks and our respective subsidiaries, affiliates, successors, and assigns, and our and their respective shareholders, directors, officers, employees, and agents, harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your use of the Site, its Content or the Program (except to the extent caused by our material failure to perform under the express obligations of these Terms), your violation of these Terms, including your infringement of any intellectual property or other right or policy of us or any person, your violation of applicable law, including, or your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
By agreeing to these Terms, you also agree to resolve any claim, dispute, or controversy arising from or relating to the Site, its Content, the Program or these Terms (or any prior agreement between you and us with respect to the same), or the relationships which result from these Terms (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim(s)”), will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place in Chicago, Illinois, unless the parties agree to an alternative location, and will apply the substantive law set forth below. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Rewards Network or Rewards Partner may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site, its Content, the Program or its systems, without the posting of a bond, proof of damages, or other similar requirement.
THE DECISION OF THE ARBITRATOR WILL BE A FINDING AND BINDING RESOLUTION OF THE CLAIM. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE NAF RULES. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered, and proceedings to enforce this arbitration requirement may be pursued, in any court having jurisdiction.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect, except that if the prohibition on class actions or joinder of multiple claimants is found to be unenforceable, all of the arbitration provisions in these Terms will be deemed invalid or withdrawn.
Enforcement and Choice of Law
Subject to the Arbitration and Class Action Waiver provisions above, these Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. For all disputes arising from or related to the Site, its Content, the Program, or these Terms, you agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in Illinois. If any part of these Terms is unenforceable, such part will not make any other part of these Terms unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in these Terms will be deemed unenforceable.
Cancellation and Termination
We may cancel our provision of the Site, its Content, and the Program at any time, with or without cause and with or without notice to you, without liability to us. We also may terminate or suspend your participation in the Program and/or access to the Program Site, immediately and without notice if we reasonably determine (i) you breach this Agreement, (ii) you provide us any false or misleading information, (iii) you engage in any illegal or improper transaction, (iv) you engage in behavior we deem to be abusive to us, our employees, Rewards Partner, a Participating Merchant or to the Program, or (v) your membership in the Free Spirit® Dining loyalty program or your ability to earn Free Spirit® points in the Free Spirit® Dining loyalty program has been terminated or canceled for any reason.
You may cancel your participation in the Program at any time by contacting (866) 530-3463 or by logging in to your account and visiting the “Account Center” portion of the Program Site while signed in, navigating to “Mangage Cards,” and deleting all remaining credit and/or debit cards from your account.
Certain provisions will survive cancellation or termination of this Agreement by their nature, including without limitation Mandatory Arbitration, Warranty Disclaimer, Limitation on Damages, Indemnity, and Enforcement and Choice of Law. Upon termination, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in this Agreement, and the limitations upon your use and treatment of Content will remain in full force.
Assignment and Transfer
We may assign, transfer, or otherwise dispose our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer or otherwise dispose of these Terms or any rights to use the Site or Program to any third party.
If you have any other questions or concerns regarding these Terms, please contact us at:
Rewards Network Establishment Services Inc.
Free Spirit® Dining Member Services
(866) 530-3463 (8 a.m.– 5 p.m. CT, Monday-Friday)
Rewards Network is pleased to offer the Rewards Network Events and Specials as a means for our Restaurant Partners to communicate bespoke messages (the “Content”) directly to you (broadly, the “Services”).
Your use of Events and Specials:
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Content Reporting and Removal:
We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you believe that your Content has been copied in a way that constitutes copyright infringement, or that Content is otherwise offensive in violation of the Reward Network Offers Platform Rules, please report this by contacting us at:
Rewards Network Establishment Services Inc.
Attn: Legal Department
540 West Madison Street
Chicago, IL 60661
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Rewards Network Entities” refers to Rewards Network, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE REWARDS NETWORK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Rewards Network Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Rewards Network Entities or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDS NETWORK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REWARDS NETWORK ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID REWARDS NETWORK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE REWARDS NETWORK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.