Terms of Membership
Posting Date: April 15, 2024
Your access to, and use of the Rate4Rewards Website, owned and operated by Pathway Ventures, LLC d/b/a Rate4Rewards (“Website”, or “our”, or “us”) and your participation in the Membership on or through the Website (each a “Membership”), as well as promotions contained on or available through the Website (collectively “Promotions”) are all governed by and subject to the following Terms of Membership and applicable laws, rules, and regulations governing the same.
You must be a legal resident of the United States (including the District of Columbia) and over the age of 18 to register for Membership and participate in any promotions on or through the Website. Your registration on our Website constitutes your acceptance of these terms and gives rise to a binding contract between you and us. These Terms of Membership incorporates the posted Privacy Policy as though fully set forth herein.
If you do not agree and accept these Terms of Membership or Privacy Policy, please do not visit the Website, or participate in the Membership or promotions, by or through our Website. We reserve the right to modify these Terms of Membership and/or our Privacy Policy at any time in our sole discretion. Any material change will be noted on this page, and such terms shall be enforced from the date of posting forward without further notice to you. No provision of these Terms of Membership or modification thereof shall create any rights in or benefits to any third-party.
Mandatory Arbitration. These Terms of Membership contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.
No Class Action Participation. These Terms of Membership preclude your participation as a representative or member of any Class Action litigation involving our Website or Services or your Membership herein.
- Membership.
There is no fee or other charge to you for using the Website, registering as a Member, participating in our Promotions, and receiving rewards from your participation. Your access to the Website and its promotions is pursuant to a free, limited, revocable, and non-exclusive license from us, which may be modified, terminated, restricted, or limited by us at any time.
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- Eligibility. To use this Website, subscribe, and participate in our promotions, you must be a natural person who is 18 years of age or older and a legal resident of the United States (including District of Columbia). You must be the registered owner of the email address submitted with your registration.
- Equipment. You are solely responsible for providing and maintaining all devices, hardware, software, electrical, and other physical requirements for your access and use of the Website, including, but not limited to, telecommunications, internet access connections, and links, web browsers, or other equipment, compatibility, and all other programs or services required to access and use the Website and participate in the promotions offered through the Website.
- Registration as a Member. In order to participate in our rating system and receive rewards for your participation, you are required to activate an account with us. In order to activate an account, you are required to provide us with your full name, email, and create a password. We use a double opt-in process to ensure that you are the person who registered, and you must respond to our initial emails requesting confirmation. At all times, you are required to provide us accurate information. If any of your account information changes, you are required to notify us of such change promptly. You are not authorized to sign up an account in another person’s name or using another person’s email. If you fail to provide us accurate information about yourself or you attempt to use another person’s name or email without their permission, your account will be locked and terminated and any points earned shall be voided.
- Password Policy. Access to the platform and promotions through the Website requires you to use log in information consisting of an email address and a password. During the registration process, you will be asked to choose a unique sign-on password to become a User of this Website and gain access to restricted areas of the Website. Only one User can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to the restricted portions of the Website. By using the Website, you agree to keep your password confidential and protected from disclosure. In particular, you agree to be solely responsible for the confidentiality and use of your password as well as for any communication or interaction entered through the Website when using your password. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason.
- Restriction on Registration as a Member. We limit registrations to 6 sign-ups per IP address to prevent abuse and for Platform security purposes. The use of a VPN for registration is prohibited.
- Termination upon Suspicious Activity. We reserve the right to suspend or terminate your account if our security system detects suspicious activity, attempts to gain access to our protected or private systems, or attempts to defraud the system. Such termination will occur without further notice to you.
- Inactivity in your Membership Account. In the event there is inactivity in your account for thirty (30) consecutive days, we will terminate your account without further notice to you and any points earned shall be voided.
- License to Use your Ratings. By submitting any content to us, including your rating of our promotions, you grant to us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from, and use such content in any form, media, or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that you may have in or to any content submitted to us.
- Terms for Promotion Distribution.
Upon registration and confirmation, we will email you one of our promotions. If the email is in your spam folder, you must move it to your inbox. You must open the email and review the promotion therein. Then return to your account and provide a quick review of the promotion. We seek truthful reviews! So, be sure to tell us anything you like or do not like about the promotion. Negative reviews receive the same points as positive reviews. Once your review is complete, enter it into our platform and your account automatically records the points received. Points for reviews varies with the promotion being reviewed. The more you participate the more our systems will send you promotions for your review.
- Reward Type and Distributions.
Once you have earned the requisite number of points, you will receive an email from our reward provider “tremendous.com” who will notify you of the reward. All rewards are made in the form of gift cards facilitated through tremendous.com. We do not provide cash substitutes.
- Website and Platform Accessibility.
You agree that the Website and our platform, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs, or administrative reviews; or (c) causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
- Use of Personal Information.
Any personal information you provide, or we collect about you through your use of the Website, platform, or promotions is governed by and shall be used by us in accordance with and as set forth in the Privacy Policy. See the Privacy Policy for details and additional information. Your acceptance of a reward from or through the Website shall, unless prohibited by law, constitute a grant to us of all rights to print, publish, broadcast, or use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and without additional consent from you.
We consider your personal identifying information to belong to you, however, the operation of this Website requires the submission, use, and dissemination of various items of personal identifying information. As such, your use of this Website or the platform, constitutes acceptance of our policies and practices for the collection and use of personal identifying information. Please see the posted Privacy Policy for a summary of our personal identifying information collection and use policies and practices.
- Intellectual Property.
The Website, its content, the platform, and promotions (collectively “Content”) is owned or licensed to us including trademarks and copyrights with all rights reserved, except for third-party trademarks, logos, or service marks, which are owned by the respective owners. Your use of any Content, without the written permission, is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Membership. You agree not to sell, resell, lease, distribute, redistribute, or exploit any portion of this Website for commercial purposes. By submitting any content to us, you grant us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from, and use such content in any form, media, or technology now known or hereafter developed. You waive any moral rights you may have in or to such content. If you are a reward recipient, you are granting us all publicity rights in your image and name.
- Publicity.
By using this Website and participating in the promotions available through this Website, You hereby give Us the right, without any obligation to compensate you, to publish, disclose, use, reproduce, exhibit, display, print, and/or distribute Your first name, first letter of the last name, location (city and state), the amount of any reward and/or any quotation, statement, image, or other content that you are willing to provide us pertaining to the Website, or other promotions that we, in our sole discretion, wish to utilize.
- Enforcing Security on this Website.
We take security of our Website, platform, and databases seriously. Any actual or attempted unauthorized use of the Website or databases may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor, and record activity on the Website without notice to or permission from you. Any information obtained through such monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigations or prosecution of possible criminal activity on the Website. We will comply with all court orders involving requests for such information.
- Fraudulent Activity Policy.
In accessing the Website or participating in any promotions or any other activities, products, or services offered by or through the Website, you represent and warrant that: (a) all information you supply is complete and accurate; (b) you are not acting in violation of any applicable laws, rule, or regulations, or of this Agreement; and (c) you will not circumvent or attempt to circumvent any provision of this Agreement, or any security feature on the Website, or engage in any activity that interrupts or attempts to interrupt the operation of the Website.
Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole and absolute discretion, as the use of unfair, improper, or unauthorized methods or activities on the Website, including, but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to access or assist in reviews (including the use of bots, bot nets, AI, or collusion with bots and/or use of unauthorized software or programs), accessing the Website from an ineligible location or IP address, using automated technology, proxy servers, or other means to conceal your identity, collusion with other parties, or any other act or circumstance that unfairly alters your review, gives you an unfair advantage of obtaining a reward, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of your account or the Website, or any other activity that, in our discretion, is abusive (collectively, “Abuse”), shall be subject to immediate actions (as determined in Our sole and absolute discretion), including without limitation: (a) your account may be terminated without notice and your access to the Website blocked; (b) any points awarded will be invalidated and you will not be eligible to participate in receiving a reward; and (c) any rewards, and any other representative of value (if any) that you may otherwise have been entitled to receive, shall be void and/or forfeited.
- Digital Millennium Copyright Act Compliance.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Website which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof, and believe that any content on this Website infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Website are covered by a single notification, a representative list of such works at that Website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your request to Copyright Agent at 2438 Industrial Blvd #503 Abilene, TX 79605 and [email protected]. You acknowledge that if you fail to comply with all the requirements of this Section 10, your DMCA notice may not be valid.
- No Interference or Circumvention.
You agree that you will not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else to use, implement, or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy, or transmit any of the content, data, or user information contained on this Website; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to Users without our express written permission; or (c) interfere, circumvent, or encumber, or attempt to interfere, circumvent, or encumber, the operation or administration of this Website; or (d) make the promotion incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond our control which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion. We reserve the right to terminate the online portion of the promotion. You further agree not to bypass or attempt to bypass the home page of this Website and “deep link” to any other page in this Website, or frame our content within another Website, or copy or use our content in another medium without Our express written permission.
- Third-Party Products/Services.
The Website, or promotions sent by us may feature advertisements, links, materials, products, and services provided by third-parties. We make no representations or warranties with respect to, nor do we guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, products, and services, or any other materials, products, and services which may be accessed or acquired through such third-party materials, products, and services. We expressly disclaim responsibility and liability for all third-party materials, products, and services contained on or accessed through the Website or in our promotions. We may post advertisements from and by third-parties on this Website or in our promotions. Your use of such advertisements or links or any other dealings with advertisers found on this Website or in our promotions, are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of such advertising, orders, or other dealings with the advertiser or as the result of the presence of such advertisers on this Website. Moreover, you agree that we shall not be responsible or liable for the statements or conduct of any third-party on this Website or in the promotions.
- Representations and Warranties.
By using this Website, you represent and warrant the following: (a) you have the right, power, and authority to enter into and perform this Agreement; (b) all information that you provide when registering to use this Website is accurate, truthful, reliable, and current; (c) you have the legal right to use the information you are providing; (d) submit any content provided by you and no such submission or use of any such content by us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third-party; and (e) You will not use this Website or the Services to violate or in violation any federal, state, and/or local law.
- Disclaimer of Warranties.
THIS WEBSITE AND OUR PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (B) THAT THE WEBSITE OR THE PLATFORM OR OTHER PROMOTIONS WILL MEET YOUR REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA, OR CONTENT OBTAINED FROM THE WEBSITE OR THE PLATFORM, OR OTHER PROMOTIONS WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS WEBSITE, THE SERVICES, OR THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SERVICES, OR THE PLATFORM, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE, THE PLATFORM, OR PROMOTION; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA, OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD-PARTY ACCESSED ON OR THROUGH THE WEBSITE, THE PROMOTIONS; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU.
- Reliance upon Limitations.
The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement, will survive, and apply even if found to have failed of their essential purpose.
- Indemnification.
You agree to indemnify, hold harmless, and defend Us, Our shareholders, directors, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Website, the platform, or promotions, including any data, content, or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website, the platform, or promotions; and (d) any negligent or willful misconduct by You.
- Integration and Conflicting Terms.
This Agreement, and the Privacy Policy as referenced herein, constitutes the complete and exclusive agreement between You and Us with respect to the use of this Website, the platform, and promotions and supersedes any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between You and Us concerning the use of this Website, the promotions, and the platform. The Privacy Policy and this Agreement shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control over the rest of this Agreement.
- Modification and Amendment of This Agreement.
We reserve the right at any time or from time to time to modify or amend the terms and conditions of this Agreement, in which case, this page on the Website will display such changes, without further notification to you of any such change. Any use of the Website, platform, or promotions by you after such notification shall constitute your acceptance of the modified or amended terms. No modification made by you shall be binding upon us unless it is made in writing and signed by Us.
- Force Majeure.
If the performance of any part of this Agreement by Us is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial, or governmental action, pandemic, labor disputes, act of God, or any other cause or causes beyond our control, we shall be excused to the extent that we are prevented, hindered, or delayed by such cause or causes. In the event of such circumstances, which hinder or delay our performance, we will, if possible, attempt to post this information on this Website.
- Severability.
If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, this finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
- Waiver.
If you or we do not immediately enforce our rights under this agreement, neither we nor you waive any claims or defense to any claim by the delay in bringing it at a later time.
- BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“JAMS Rules”) then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.com. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, we will promptly reimburse you for any standard filing fee which may have been required under JAMS’ Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us including the filing fee.
If we have a dispute, we will submit our dispute for resolution by arbitration before JAMS in the county and state of the defending party. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief, we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing, and pursuing the claim in arbitration.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits, is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
- No Third-Party Beneficiaries.
No provision of this Agreement is intended to create any rights in or benefits to any third-party.
- Notice.
All notices relating to this Website, the platform, other promotions, or your use of any thereof shall be deemed to be delivered when displayed on this Website. All notices to Us shall be sent via first class mail or other nationally recognized courier to 2438 Industrial Blvd #503 Abilene, TX 79605.
- ELECTRONIC SIGNATURE.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF MEMBERSHIP SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS OF MEMBERSHIP AND ANY AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS OF MEMBERSHIP.