DGR Media Terms of Service

 Last Updated -  11 April 2024

1. Acceptance of Terms

DGR Media LLC (collectively, “We”, “Us”, “Everyday Rewards”, “EverydayRewards.io” or “DGR Media”) provide a website located at everydayrewards.io (the “Site”). When referring to the Site, it also includes all of the text, images, audio, code and other material it contains or provides (collectively, the “Content”) and all of its features, competitions and other services (collectively, the “Services”).

Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before accessing the Site and using the Services. By accessing theSite and/or using the Services, you agree to be bound by these Terms, which may be updated from time to time.

Your use of the Site or Services is also subject to all applicable laws and regulations. If you do not agree to any of the Terms, you should not use the Site or access the Services. These Terms are also governed by our Privacy Policy, which is available through a link on our homepage as well as most of the other pages on the Site.

2. Who May Use Our Services

You must be 18 years of age or older and a resident of the 50 United States or Canada, and residing in such location, to use the Services and register for Account (described below).  The use of the Services is only permitted for private purposes. You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Services.

3. Registration

In order to access and use certain Services, you will need to become an EverydayRewards Member (a “Member”) and register for an EverydayRewards.io Account (an “Account”) and subscribe to a subscription (a “Subscription”).  Each Account is for a single user only.  Each person is only authorized to make one Account.  You may be required to provide a user name and password upon registration.  

By creating an Account, you agree to (a) these Terms and all other applicable policies, (b) provide accurate, current and complete account information, (c) maintain and promptly update, as necessary, your account information, (d) maintain the security of your account credentials, (e) be responsible for the acts or omissions of any third party who has authority to access the Services or use the Site on your behalf, (f) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, Services or your account.  You also agree that you have not been previously suspended or terminated from use of the Services or engaged in any activity that could result in suspension or termination from use of the Services.

By creating an Account, you also consent to receive electronic communications from us. These communications may include notices about your Account (for example, payment authorizations, password changes and other transactional information) and any Offers (described below). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you Offers via email and mobile phone, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails and mobile messages at any time by following the unsubscribe instructions provided therein.

 

4. Membership Terms

The terms of Membership are set forth in the Everyday Rewards Membership Terms & Conditions.  In the event of any conflict between these Terms and the Membership Terms & Conditions, these Terms shall apply.

Your membership will continue until terminated. To use the Services you must have Internet access and a EverydayRewards.io ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your Subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see “Cancellation” below).

We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription by visiting the Site and clicking on the “Account” link available at the top of the pages.

5.Account Security

A Member is responsible for ensuring that their user name and security details (including any passwords, Username or Account number) (‘Secure Member Details’) are kept confidential. If a Member suspects that their Secure Member Details may no longer be confidential or that there may have been unauthorized use of their Account, they must notify DGR Media immediately, and DGR Media may provide the Member with new Secure Member Details. Where DGR Media provides the Member with new Secure Member Details, DGR Media reserves the right to invalidate any future transactions which attempt to utilize the previous Secure Member Details of that Member.

The Site contains content intended for use by persons over the age of 18.

If minors have access to a laptop or computer that a Member uses to log into their Account, DGR Media strongly recommends that a child protection software package is installed onto that equipment.

You are liable for any misuse by third parties of your account.

6. Changes to Terms

We may change the Terms at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Terms of Use at the footer of those Services which are made available through a website or to the Legal or Legal Notices area of those Services which are made available as an application. By using a Service after changes are made to these Terms you signify that you agree to be bound by such changes.

7. Sweepstakes

As part of our Services, we may offer Sweepstakes on the Site for the opportunity to win prize(s)  which are available for entry by Members.  Information concerning these Sweepstakes is set forth in the Membership Terms.  Official Rules for each Sweepstakes shall be set forth on the Site and will control the operation of that Sweepstakes.  

8. Other Promotional Offers 

We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by DGR Media at its sole discretion and we reserve the right to revoke an Offer and put your Account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recentSubscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

9.3 Billing and Cancellation

9.3.1 Billing Cycle 

The subscription fee for your Subscription and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “My Subscription” page. The length of your billing cycle will depend on the type of Subscription that you choose when you signed up.  In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the Site and click on the “My Subscription” link in your member portal to see your next payment date. If you signed up for your Subscription with a third party as a Payment Method, you can find the billing information about yourSubscription by visiting your account with the applicable third party.

9.3.2 Payment Methods 

To use the Services you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your Account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. Prepaid or Gift cards are not permitted for recurring payments, such as subscription products. 

9.3.3 Updating your Payment Methods 

You can update your Payment Methods by going to the “Subscription” page on the Site and clicking "Change payment". We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s)..

9.3.4 Cancellation 

You can cancel your Subscription at any time, and you will continue to have access to the Services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or unused EverydayRewards.io content. To cancel, email members@everydayrewards.io and our team will process your cancellation. Your Account will automatically close at the end of your current billing period and you will be notified by email. 

9.3.5 Changes to the Price and Subscription Plans 

We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plan will apply no earlier than 30 days following notice sent to you.

9.3.6 How do I register or signup?

New users can register here. Simply fill in the blank boxes with your information and select register near the bottom of the page. Once completed, you must verify your Account information by clicking the link within the verification email we send to you. Be sure to check your spam/junk folder as the verification email may end up there.

10. Limitations of Use

The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone.

You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

Any unauthorized or prohibited use of any Content or Services may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

You may not access or view the Content or Services with the use of any scripts, extensions, or programs that alter the way the Content or Services are displayed, rendered, or transmitted to you without our written consent.

You agree not to use the Content or Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms.

11. DGR Media Rights

We reserve the right to cancel, change or restrict the Site, Services, or Memberships at any time with or without notice to Members

We have made considerable efforts to ensure that its business and business operates in a fair, efficient and accurate manner. To the extent permitted by law, we exclude all warranties (express or implied) relating to or arising out of the picking services we offer and excludes any liability for direct, indirect or consequential loss, damage, expense or injury suffered by any Member arising out of:

• use by a Member of their Account; or

• any action taken by us in relation to a Member’s Account.

• any action taken subsequent to purchasing information acquired on the Site.

• A Member may only have one Account. If a Member has additional Account(s), then the Account balances of all associated Accounts shall be transferred into the first Account opened by the Member.

• Our Content and Services are intended for bona fide Members, that is, those Members who act in good faith, sincerely, without fraud, and who use their Account with the purpose of recreation and entertainment.

• DGR Media reserves the right, in its sole discretion, to determine that a Member is not eligible for certain Content, Services or Offers.

• DGR Media reserves the right to close or suspend the Accounts of, and void any or all actions made by any person where, in DGR Media’s reasonable opinion, the Account has not been operated with integrity and/or the actions have not been taken on a good faith basis. DGR Media can, in its sole discretion, withhold any or all related funds in the Account pending the outcome of an investigation on that Account.

12. Errors

We make every effort to ensure that no errors are made in the placement of picks or any errors in exclusions for certain selections. However, we reserve the right to correct any obvious or manifest errors.

13. Limitation of Liability

13.1 Limitation of Liability; Sole and Exclusive Remedy

To the maximum extent permitted by law, in no event shall DGR Media or any of its affiliates, together with its respective directors, officers, shareholders, members, managers, employees and agents (collectively, the “Released Parties”), be liable with respect to any subject matter concerning the Site or Services, whether based in contract, tort (including negligence), strict liability or other legal or equitable theory for (1) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to, receipt or use of the Site orServices , even if the Released Parties have been advised of the possibility of such damages; (2) the use or the inability to use the Sites or Services; (3) unauthorized access to or alteration of your user content, transmissions or data; (4) statements or conduct of any third party on the Site; (5) any other matter relating to the Sites or Services ; or (6) the cost of procuring substitute goods, services or technology. 

In no event shall the Released Parties be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Released Parties have been advised of such damages), resulting from:

• The use or inability to use the Site or Services

• The cost of acquiring substitute goods

• The unauthorized access to or alteration of your transmission or data

• The conduct of any third party on the Site or with regard to the Services.

To the full extent permissible under applicable law, the Released Parties’ aggregate liability to you or any third party in any circumstance shall not exceed one hundred dollars ($100). You acknowledge and agree that your sole remedy for any problems, claims or dissatisfaction with the Site orServices is to terminate your Account and discontinue use of the Sites and Services. 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, the liability of the Released Parties shall be limited to the fullest extent permitted by law.

13.2 Indemnification

You hereby agree to indemnify and hold the Released Parties harmless from and against, and shall on proper demand pay and reimburse them for, any loss, liability, damage, cost or expense (including reasonable attorneys' fees) suffered or incurred thereby by reason of any misrepresentation, breach or nonfulfillment of any covenant or agreement by you contained in these Terms or any document referenced herein.

14. Privacy Policy

All information collected about you during registration for use of the Services will be used in accordance with our Privacy Policy and all applicable laws.

15. Linking

We may provide through the Site or Services, or third parties may provide, links to other websites, online applications or resources.We have no control over such sites and resources, and as such you acknowledge that the Released Parties are not responsible or liable for any of the content or products available on such sites. Furthermore, you acknowledge that the Released Parties are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content or products available on or through any such site or resource.

16. DGR Media Advertisers and Vendors

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor.

You agree that the Released Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with any vendors and advertisers appearing on the Site or through the Services shall be at your own risk.

17. General

• You must not use this Site or the Services for any purpose or in any way which is unlawful.

• If anyone brings a claim against us related to your actions or your content on Site, you will indemnify and hold the Released Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

• You shall be solely responsible for the tax consequences of your winning and/or your receipt of any prize offered on the Site or through the Services.

• If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

•  In the event any litigation is brought by you or by us in connection with these Terms, the Site or the Services,  if any of the Released Parties are the prevailing party in such litigation, such Released Parties shall be entitled to recover from you all the reasonable costs, attorneys' fees and other expenses incurred by such Released Parties in the litigation.

• Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Our express or implied waiver  of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

• These terms and conditions align and enforce the SMS & MMS Mobile Message Marketing Service Terms & Conditions

• These terms and conditions align and enforce the “DGR Membership Rewards Sweepstakes” #5

• All questions and concerns regarding these Terms should be directed to hello@everydayrewards.io