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.
In addition to these Terms, our Privacy Disclosure, which describes what information we collect about you and how we use it and share it, governs your use of the Site and enrollment in the Program.
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, and we will otherwise strive to provide you notice of such changes. Any use of the Site or any service provided via the Site 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 Participating Merchant with an eligible credit or debit card that you have enrolled in the Program ("Registered Card"), we will work with Rewards Partner for Rewards Partner to award you the reward stated on the Program website or promotional materials, subject to the terms and conditions stated on the website or promotional materials. See "How It Works" for more information on rewards requirements and benefits. You authorize the applicable Payment Card Network (as defined below) to share with us Registered Card purchase or return transaction information, such as the time, date and amount, at Participating Merchants.
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 Registered Card meets the terms of a qualifying purchase. Purchases with your Registered Card at a Participating Merchant may be qualifying 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. In addition, not all transactions with your Registered Card (including PIN-based transactions or payments through a third-party digital wallet or payment app such as Apple Pay or Square) can be monitored for eligibility to earn rewards. Do not use a PIN or a third party digital wallet or 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.
In some cases, a Participating Merchant’s payment card processor may experience a lag time (approximately 24 hours) between when a credit or debit card is registered 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 Registered 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 are not responsible for income tax or other tax liability (if any) associated with rewards you earn under the Program.
Limits on Registered Cards
We operate many different rewards programs, of which the Program is only one. You may register up to twelve (12) Registered Cards with us as part of the Program, but any one eligible credit or debit card may be registered with only one program. If you subsequently register a Registered Card with another program that we operate, we will remove your Registered Card from participation in this Program, and that Registered Card will earn rewards under the new program and not under the original Program. Likewise, if your Registered Card was previously registered with us in another program that we operate, we will remove that Registered Card from participation in the other program, and that Registered Card will earn rewards in this Program. You will be notified if your Registered Card has been removed from one program because it has been registered in another program that we operate. For example, if you are a member of our Rewards Network-owned program, www.idine.com ("iDine"), and you enroll a Registered Card that is part of the Program in iDine, that Registered 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:
2 N. Riverside Plaza
Chicago, IL 60606
You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, 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 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. 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.
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, WE 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. WE DO NOT WARRANT THAT FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Damages
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT OR THE PROGRAM, IN NO EVENT WILL WE, OUR REWARDS PARTNERS OR PAYMENT CARD NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ITS CONTENT OR THE PROGRAM, ANY HYPER LINKED WEB SITE, 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 WEHAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
You agree to defend, indemnify, and hold us, Payment Card Network 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), or your violation of these Terms, including your infringement of any intellectual property or other right or policy of us or any person.
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 at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. 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 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 final and binding resolution of the Claim. 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 in any court having jurisdiction.
Enforcement and Choice of Law
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 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) you do not make a qualifying purchase at a Participating Merchant for over 1 year.
You may cancel your participation in the Program at any time by logging into your account and visiting "My Account → Account Information" and clicking "Cancel your membership."
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.
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