Terms of Use


Welcome to the Reward Dragon website. Reward Dragon, LLC, an Indiana corporation, helps local businesses gain customer testimonials and referrals. The following Terms of Use outline your obligations when using the Reward Dragon websites, applications, and services (“Site and Services”).

This website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Site and Services. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website, applications and services signifies your acceptance of the updated or modified Agreement.

USE OF THE SITE AND SERVICES

As a condition of your use of the Site and Services, you warrant that (i) all information supplied by you is true, accurate, current and complete, (ii) if you have a Reward Dragon account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older in order to register for an account. Reward Dragon does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

USER CONDUCT

The content and information on this Site and Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) access, monitor or copy any content or information of this website, applications and services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this website, applications and services or bypass or circumvent other measures employed to prevent or limit access to this Site and Services;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this Website for any purpose without our express written permission; or

(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Reward Dragon in connection with the Site and Services.

REGISTRATION INFORMATION

You may be required to create an account to use or access certain parts of the Site and Services and use certain products and features. You may be required to provide login information such as a username and password to access and utilize your account. As a condition of your use of the Site and Services, you agree to (a) provide Reward Dragon with true, accurate, current and complete information as prompted by the Reward Dragon registration forms, when registering for or using the Site and Services, and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.  Please contact us if you have questions about managing multiple accounts.

FEES AND PAYMENT

Reward Dragon charges a fee for certain service subscriptions and may ask an additional fee for certain ‘premium’ parts thereof. You will be notified in advance about such fees. You can terminate at any time prior to the end of the then-current month to avoid having to pay any fees for the following month. Actual use of the service constitutes agreement with the fees.

Fees must be paid in advance. Failure to pay a fee on time will result in your account being downgraded to providing limited functionality of the Free Subscription.

Fees are not prorated, are due per month and will not be refunded.

TESTIMONIALS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

  • As a condition of submitting any Content or other Materials to this Site and Services, you agree that:
  • You grant to Reward Dragon a royalty free, perpetual, and irrevocable, worldwide, nonexclusive, transferable, and sub-license-able license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content or other Materials into other works; grant to Reward Dragon all rights necessary to publish or refrain from publishing your name and address in connection with your Content and other Materials; sublicense through multiple tiers the Content or other Materials, and acknowledge that this license cannot be terminated by you once your Content or other Materials are submitted to the Site and Services;
  • You grant to Reward Dragon all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content or other Materials by any other party;
  • You represent that you own or have secured all legal rights necessary for the Content or other Material submitted by you to be used by you, Reward Dragon, and others as described and otherwise contemplated in these Terms of Use;
  • You represent and warrant that each person identified, depicted, or shown in your Content or other Materials, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content or other Materials consistent with these Terms of Use;
  • You are solely responsible for your Content and other Materials;
  • Reward Dragon may, in its sole discretion, choose to remove or not to remove Content or other Materials once published;
  • You will not submit any Content or other Materials that may be considered by Reward Dragon to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  • All of your testimonials will be based upon your actual first-hand experiences with the Service Providers you are endorsing;
  • All of your testimonials of the Service Providers that you are endorsing will be accurate, honest, truthful, and complete in all respects;
  • You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit testimonials;
  • You will not submit testimonials that comment on other users or the testimonials of other users;
  • You will not submit testimonials with hyperlinks; or
  • The testimonials that you provide do not reflect the views of Reward Dragon, its officers, managers, owners, employees, agents, designees or other users.

DELAYS AND ACCESSIBILITY

The Site and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Reward Dragon is not responsible for any delays, failures or other damage resulting from such problems.

USER FEEDBACK

Reward Dragon appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Site and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Site and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Reward Dragon. In addition, none of the Submissions will be subject to any obligations of confidentiality and Reward Dragon will not be liable for any future use or disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS

You acknowledge that Reward Dragon has no control over, and no duty to take any action regarding: which users gain access to or use the Site and Services; what effects the content on or in connection with the Site and Services may have on you; how you may interpret or use the content on or in connection with the Site and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Site and Services. You release Reward Dragon from all liability for you having acquired or not acquired content or information through the Site and Services. The Site and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Reward Dragon makes no representations concerning any content contained in or accessed through the Site and Services, and Reward Dragon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services. Reward Dragon makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER REWARD DRAGON NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF REWARD DRAGON, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL REWARD DRAGON OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL REWARD DRAGON OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REWARD DRAGON OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, REWARD DRAGON DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REWARD DRAGON'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

REWARD DRAGON SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REWARD DRAGON HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Reward Dragon has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content.  You release Reward Dragon from all liability for you having acquired or not acquired Content through the Site and Services. Reward Dragon makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site and Services, and Reward Dragon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services.   

The Site and Services may display links to other Internet sites or resources.  Because Reward Dragon has no control over such sites and resources, you acknowledge and agree that Reward Dragon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Reward Dragon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless Reward Dragon, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Reward Dragon or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Reward Dragon will have sole control of the defense of any such damage or claim.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REWARD DRAGON, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REWARD DRAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITE AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITE AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY REWARD DRAGON OR THE FAILURE OF REWARD DRAGON TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT REWARD DRAGON, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

NOTICE

By use of the Site and Services, you consent to receive electronic communications from Reward Dragon (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Reward Dragon may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site and Services. All notices to Reward Dragon will be provided by either sending: (i) an email to  helpdesk@rewarddragon.com; or (ii) a letter, first class certified mail, to Reward Dragon, 5255 Winthrop Avenue, Ste 180, Indianapolis, Indiana 46220, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Reward Dragon. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Reward Dragon regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Reward Dragon under these Terms of Use.

GOVERNING LAW

These Terms of Use and the relationship between you and Reward Dragon will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Reward Dragon may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Reward Dragon, Reward Dragon may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Reward Dragon's remedies are cumulative and not exclusive. Failure of Reward Dragon to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with Reward Dragon's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Site and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Reward Dragon as a result of these Terms of Use or use of the Site and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at helpdesk@rewarddragon.com.