CARD LINKED OFFER PROGRAM TERMS
1. REGISTRATION REQUIREMENTS
In order to utilize the Program, you must:
a. Be 18 years old or older (If you are not at least 18 years old, please do not sign up for or access the Program);
b. Be a legal resident of the 50 United States (and the District of Columbia); and
c. Register a valid payment card that meets the eligibility requirements described below (“Payment Card”). A valid payment card is a credit or debit card that has been lawfully issued to you by a bank or financial institution in the United States in your name, and has not expired. Gift cards, pre-paid cards, and store issued payment cards cannot be used in connection with the Program.
You represent and warrant that you meet the registration requirements set forth above.
2. USE OF THE PROGRAM
You agree that you will:
a. provide your accurate and complete contact and Payment Card information when signing up for the Program and will update such information to ensure it is current;
b. only sign up for one account;
c. be solely responsible for all activities that occur in connection with your Program account;
d. use the Program at all times consistent with all applicable laws and this Agreement;
e. use the Program, and offers available through the Program, solely for your personal, non-commercial purposes;
f. be bound by and comply with the terms and conditions of each offer you link to your Payment Card through the Program (such terms and conditions are “Offer Terms” and such offers are “Card Linked Offers”), including but not limited to the merchant’s quantity, expiration, and product restrictions and specifications. You acknowledge and agree that by linking a Card Linked Offer to your Payment Card, you agree to the associated Offer Terms;
g. consult your medical professional regarding any health or medical condition before using any medical product or any over-the-counter drug purchased in connection with a Card Linked Offer;
h. be solely responsible for all costs, charges, and fees associated with obtaining and maintaining all equipment, internet services, and Payment Cards you use in connection with the Program;
i. be responsible for all purchases, charges, redemptions, costs and taxes associated with your use or redemption of a Card Linked Offer or Reward; and
j. comply with all of the terms and conditions of your card issuer agreement that may be applicable to the Payment Card you register with Coupons.
You agree that you will not:
k. use the Program or any Card Linked Offer in a fraudulent manner, including without limitation completing a Card Linked Offer with the intent to immediately cancel or return the product or service purchased from the merchant;
l. transfer your Program account, any Card Linked Offer, or Reward to any third party;
m. disclose your Program account information (including password) to any third party;
n. interfere with or disrupt the Program;
o. attempt to circumvent, or otherwise interfere with controls and security systems included with the Program, including any authentication technologies;
p. access or use the Program through any automated means;
q. reproduce, copy, duplicate, alter, tamper with, sell, resell, rent or trade the Program (including any Card Linked Offer) or reverse engineer, decompile or disassemble or attempt to derive the source code for any software used to operate the Program; and
r. use, frame, reproduce, distribute, republish, download, transmit, remove, obscure, or alter any trademark, logo or other proprietary materials (including trademark and copyright notices) that may be affixed to or contained within the Program (or any Card Linked Offer) without the express prior written consent of Coupons.
3. OFFERS; REWARDS
a. You are eligible to earn Rewards (as defined below) when you link Card Linked Offers to your Payment Card and use the same card to make Qualifying Purchases (as defined below). Depending on the Card Linked Offer, you may need to make one or more Qualifying Purchases to complete the Offer Terms. Please note that a Card Linked Offer is not successfully linked unless and until you receive confirmation from Coupons (or a Coupons affiliate, if applicable) and a Card Linked Offer may not be immediately redeemable for a Reward upon linking. Coupons reserves the right to determine whether any given transaction is a Qualifying Purchase and to withhold, revoke or reverse a Reward in the event of a return or charge back associated with a Qualifying Purchase. FAILURE TO MAINTAIN YOUR PAYMENT CARD UNTIL ALL OFFER TERMS ARE COMPLETED WILL RESULT IN FORFEITURE OF THE REWARD. As used in the Agreement, a “Qualifying Purchase” is a purchase from the participating merchant using your Payment Card that satisfies the Offer Terms of a Card Linked Offer and this Agreement; a “Reward” is the statement credit, gift card, virtual currency, virtual good, and other rewards you earn when you complete the Offer Terms of a Card Linked Offer;
b. Coupons may require you to provide a receipt of your purchase from the merchant for any Qualifying Purchase in order to receive your Reward. Receipts submitted more than thirty (30) days after the Card Linked Offer was completed will not be considered. Coupons may choose to retain records of completed transactions, acknowledgements, acceptances and other contract and transaction records. Coupons may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and documents contained or referenced in this Agreement for your own records;
c. Reward types are specified in the Offer Terms and may be subject to additional terms and conditions. Please note that statement credits, if applicable, may not be issued until the next billing cycle following a Qualifying Purchase. You acknowledge and agree that Coupons has no responsibility or liability for the redemption of any Rewards obtained from or through the Program.
d. By registering for the Program or linking a Card Linked Offer to your Payment Card, you consent to receiving communications from Coupons in connection with your participation in the Program. For example, Coupons may notify you when you have successfully linked a Card Linked Offer to your Payment Card and may notify you when a Card Linked Offer is about to expire or when you have completed the Offer Terms of a Card Linked Offer. Coupons may also provide you with information about other Services, offers or promotions that may be of interest to you. If you are a Coupons.com member, you may change the method of communication and other options by changing your preferences in your Coupons.com account profile. If you are not a Coupons.com member, please email [email protected] to change your preferences;
e. Coupons does not warrant, guarantee, or offer any support for the products and services of merchants participating in the Program or identified in Card Linked Offers, or the Rewards obtained from or through the Program. You agree that such merchants and the Reward manufacturer, licensor, or supplier shall be solely liable and responsible for their respective products, services, and Rewards. You further acknowledge and agree that neither Coupons nor any Payment Service Provider endorse or sponsor, or are liable or responsible for: (i) the offers, goods or services displayed, purchased or paid for in connection with a Card Linked Offer; (ii) honoring or fulfilling the Card Linked Offers or redemption of Rewards provided to you through the Program; or (iii) the merchants whose offers, products, or services are promoted in connection with a Card Linked Offer;
f. Unless otherwise stated in the Offer Terms or required by law, (i) there is no cash value for any Reward associated with a Card Linked Offer; (ii) Card Linked Offers cannot be combined with any other offers, vouchers, certifications of promotions that may be offered by the merchant; and (iii) Card Linked Offers and Rewards are not transferable; and
g. If you access Card Linked Offers from the websites or mobile applications of third parties, including Coupons affiliates, you agree that (i) such third parties may provide Coupons with information (including but not limited to the full primary account number of your Payment Card) necessary for Coupons to track and process the Card Linked Offer as described in this Agreement; (ii) Coupons may provide such third parties data relating to completed Card Linked Offers that is necessary to enable them to process and issue Rewards; and (iii) Coupons is not responsible or liable for such third parties’ use of information and data provided to them in connection with the Program. You consent to receiving the Card Linked Offer communications described in this section relating to the Program from the third party and agree that in such case, Coupons shall have no responsibility or liability for such communications. You also acknowledge and agree that the third party, and not Coupons or its Payment Service Providers, is exclusively responsible for providing the Rewards for completed Card Linked Offers accessed through its website or mobile application.
4. PAYMENT CARD ELIGIBILITY & TRANSACTION PROCESSING
Coupons utilizes a network of entities (“Payment Service Providers”) in order to provide the Program to you. Payment Service Providers include the following entities, and Coupons may utilize one or a combination of these entities in connection with providing the Program to you: Acquirers (banks and financial institutions that process payment cards for products or services for a merchant), Payment Processors & Agents (companies, and their agents, that process or facilitate the processing of payment card transactions and promotions), Card Networks (e.g. Visa, MasterCard, American Express, and Discover), and Issuers (banks and financial institutions that issue payment cards). You understand and agree that:
a. Coupons may notify the applicable Payment Service Provider(s) when you register for the Program and provide information, such as your email address and the full primary account number of your Payment Card, to the Payment Service Provider to use in connection with the Program;
b. Payment Service Providers may (i) monitor your Payment Card transactions (including returns) to identify and notify Coupons of potential Qualifying Purchases (and returns) to apply towards fulfillment of Offer Terms, and to process offers you link to your Payment Card, including without limitation providing you with applicable statement credits when Offer Terms have been fulfilled; and (ii) provide information about those transactions, including transaction date, time, location, and amount, to Coupons and the applicable merchant. Coupons will use this information solely as set forth in the section entitled “Card Linked Offers and Your Data” below;
c. Not all payment cards are eligible for the Program and not all transactions with your Payment Card can be monitored by Payment Service Providers. For example, transactions made with Visa-branded cards which are not processed through the Visa U.S.A. payment system are not eligible for the Service. Also, not all merchant locations may be monitored by the Payment Service Providers;
d. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Payment Card if you want the transaction to be applied towards fulfillment of the Offer Terms;
e. Special Notes for Visa Cardholders. By registering your Visa card for the Program, you agree that Visa may perform the functions of the Payment Service Provider specified in this Agreement. Not all Visa cards are eligible for registration in connection with the Program and not all transactions with your registered Visa card are tracked by Visa. Without limitation, Visa Corporate cards, Visa Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa cards) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate. Only transactions that are made with a registered Visa payment card that are processed or submitted through Visa U.S.A. Inc.’s transaction-processing system will be monitored for purposes of the Program or are eligible to be Qualifying Purchases. You acknowledge that Visa may be unable to monitor every transaction made with your enrolled Visa card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Payment Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system;
f. Special Notes for MasterCard Cardholders. By registering your MasterCard card for the Program, you agree that MasterCard may perform the functions of the Payment Service Provider specified in this Agreement. When MasterCard is serving as the Payment Service Provider any transaction detail provided by MasterCard to Coupons will not be used for the purposes set forth in Section 5(c) below.
5. CARD LINKED OFFERS AND YOUR DATA.
a. Coupons will use your transaction data to confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for a Card Linked Offer provided by Coupons;
b. Coupons may provide a merchant with limited data about your transaction, such as the last 4 digits of your primary account number and the date and amount of your transaction as needed to verify transactions, in connection with an audit, or for reporting purposes;
c. Coupons may use your transaction data to limit the number of Card Linked Offers that are presented to you, or to identify and notify you of new Card Linked Offers or other offers and promotions that you may be interested in, based on past transactions;
d. Coupons may use your transaction data to generate records of the Card Linked Offers you have completed (an “Offer Completion Record”) and thereafter maintain and use Offer Completion Records in connection with operating the Program, the Site, and other Services;
e. Coupons may provide merchants aggregated and anonymized information relating specifically to Card Linked Offer activity solely to allow them to assess the results of their campaign;
f. Coupons may provide affiliates with limited data from Offer Completion Records and a unique identifier for you, which may be the last 4 digits of your primary account number, as needed for such affiliates to process and issue Rewards to you;
g. Coupons may provide affiliates with aggregated and anonymized information relating specifically to Card Linked Offer completions originating from their website or mobile application, as needed to verify fees, in connection with an audit, or for reporting purposes.
h. Coupons and/or the Payment Service Provider may provide information in order to respond to a request from government authority, a Payment Service Provider, or a merchant;
6. CHANGES TO THE AGREEMENT
7. PROGRAM CANCELLATION & CHANGES
a. If you are a Coupons.com member, you may terminate your participation in the Program at any time by signing in to your Coupons.com account and removing all of your registered Payment Cards. Otherwise, please email [email protected]
b. Coupons may suspend or terminate your participation in the Program or in any Card Linked Offer at any time, with or without notice to you, for any reason, including without limitation if it determines in its sole discretion that you violated the Agreement or the Offer Terms. Violation of the Agreement or any Offer Terms may result in the withholding, reversal, or revocation of any Rewards obtained through the Program;
c. Coupons may make changes to the Program and Card Linked Offers (including temporarily or permanently discontinuing the Program, terminating a Card Linked Offer, or changing the type of Reward associated with a Card Linked Offer ) at any time, with or without notice to you. You agree that neither Coupons, any merchant, Coupons affiliate, nor any Payment Service Provider shall be liable to you or to any third party for any suspension, modification or termination of the Program and Card Linked Offers.
You agree that Coupons and its licensors own all right, title and interest (including all intellectual property rights) in and to the Program. All rights not expressly granted to you in this Agreement are expressly reserved by Coupons and its licensors.
9. WARRANTY DISCLAIMERS
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUPONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, COUPONS MAKES NO WARRANTY THAT: (A) THE PROGRAM, ANY CARD LINKED, AND ANY REWARD, PRODUCT OR SERVICES IDENTIFIED IN OR OTHERWISE ASSOCIATED WITH CARD LINKED OFFERS WILL MEET YOUR REQUIREMENTS; (B) THE PROGRAM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PROGRAM WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THAT THIRD PARTIES WILL HONOR OR FULFILL CARD LINKED OFFERS OR REWARDS; OR (E) THE QUALITY OF THE PROGRAM, ANY CARD LINKED OFFER, AND ANY REWARD, PRODUCT OR SERVICES OBTAINED THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE PROGRAM (INCLUDING CARD LINKED OFFERS, REWARDS, AND PRODUCTS OR SERVICES IDENTIFIED IN OR OTHERWISE ASSOCIATED WITH CARD LINKED OFFERS) IS AT YOUR OWN RISK. COUPONS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PROGRAM.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM (INCLUDING CARD LINKED OFFERS) IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COUPONS DOES NOT WARRANT THAT THE PROGRAM, OR ANY PART THEREOF, WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COUPONS OR ITS THIRD PARTY SERVICE PROVIDERS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE PROGRAM OR ANY PART THEREOF (INCLUDING BUT NOT LIMITED TO CARD LINKED OFFERS) OR ANY REWARDS, PRODUCTS, OR SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE PROGRAM, EVEN IF COUPONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COUPONS AND ITS THIRD PARTY SERVICE PROVIDERS AND AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE PROGRAM FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE LESSER OF THE REDEMPTION VALUE OF THE CARD LINKED OFFER GIVING RISE TO THE CLAIM, IF APPLICABLE, OR FIFTY DOLLARS ($50.00 U.S.).
12. TIME LIMIT ON CLAIMS
Regardless of any statute or law to the contrary, you must file any claim or action arising from or relating to use of the Program and/or this Agreement within one (1) year after such claim or action accrued. Otherwise, you will waive the claim or action.
You agree to defend, indemnify and hold Coupons and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Program ( including any Card Linked Offer) in violation of this Agreement.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Both you and Coupons agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member. Regardless of where you access or use the Program, you agree that any action at law or in equity arising out of or relating to the Program and/or the Agreement shall be filed and adjudicated only in the federal or state courts located in or serving Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts.
This Agreement and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If a court of law holds any provision of this Agreement to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. . No waiver by Coupons of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement represents the complete agreement between Coupons and you regarding the subject matter set forth herein and supersedes all prior or contemporaneous agreements and representations between Coupons and you.
16. COUPONS ADDRESS
400 Logue Avenue
Mountain View, CA 94043
Attn: Legal Dept.
Last updated: February 5, 2014