Last Updated November 7, 2016
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS INCLUDE A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
QUOTIENT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME, BY POSTING CHANGES TO THIS PAGE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES MEANS THAT YOU ACCEPT AND AGREE TO ALL SUCH CHANGES.
Certain Services may be subject to additional terms, which will be posted with such Services, such as terms governing a referral program. If you choose to use such Services, you agree that the additional terms apply.
To use the Services, you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. Any use of the Services by anyone under the age of 13 is strictly prohibited. If you have previously been suspended from the Services, or if we have previously suspended or deactivated your User Account (defined below), you are prohibited from use of the Services.
3. ACCOUNTS AND AUTHORIZED BROWSERS OR DEVICES
To use certain Services, you may be required to create an account and associated password or authorize a browser or device through SMS verification or other means (“User Account”). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. You further agree that will you not create a User Account using any email address, phone number, or other personally identifying information that is not yours.
You are responsible for maintaining the confidentiality of your password(s) and User Account information, and you are responsible for all activities that occur using your password or User Account or as a result of your use or access to the Services. You agree to notify Quotient immediately of any unauthorized use of your password or User Account using this form. You agree that Quotient will not be liable for any loss that you may incur as a result of someone else using your password or User Account, either with or without your knowledge. You may not use anyone else’s User Account at any time.
4. OWNERSHIP OF CONTENT
Except for User Content (defined below), all coupons, offers, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, and other information and content available on or through the Services (“Content”), is the property of Quotient or its licensors. The Content is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title and interest in and to the Content.
Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any Content, in whole or in part, by any means.
A. You agree to comply with the terms and conditions associated with any offers, coupons, coupon codes, and other promotions available on or through the Services.
B. You may only redeem each printed coupon once.
C. If you print coupons using any of our print technologies, you agree that we may install or store certain authentication and print control technologies on your devices. You agree not to interfere with or circumvent such technologies.
D. You agree to comply with print limits and only print coupons for your own personal and non-commercial use.
E. You agree not to transfer any coupon, or any electronic or hard copy of a coupon, to any third party.
F. Cash Back Coupons. The following terms apply to all coupons where you are eligible to earn cash back or other rewards specified by the advertiser (each, a “Reward”) by submitting in-store receipts (“Cash Back Coupons”):
i. IF YOU DO NOT VERIFY YOUR PAYMENT ACCOUNT, YOU ARE NOT ELIGIBLE TO EARN ANY REWARDS, AND ALL REWARDS SHALL REMAIN THE SOLE PROPERTY OF QUOTIENT.
ii. Some Cash Back Coupons are store-specific and require that the product is purchased from a particular store listed in details of the offer. Even when no retailer restrictions are noted, you may not redeem Cash Back Coupons at any of the stores listed here. The purchase must be made at a brick-and-mortar store whose computerized receipts provide at least the following information: store name, date and time of purchase, total amount of receipt, and, for the product(s) that relate to the offer, the price paid and product name and description.
iii. Cash Back Coupons may not be combined with other manufacturer or retailer coupons, discounts, or rebates for the same product. We will reject any Reward requests for products purchased using manufacturer or retailer coupons, discounts or rebates.
iv. The receipts you submit must be for your own purchases, and you may not modify the receipt you receive from the applicable retailer in any way. You may not submit the same purchase receipt to obtain multiple Rewards.
v. Unless otherwise stated in the offer terms, you must submit your purchase receipt within twenty-four (24) hours from purchase.
vi. We have sole discretion to determine whether you have complied with all applicable offer terms, including the Terms herein, and are eligible for a Reward. We reserve the right to request additional information in order to verify the identity of the purchaser or the validity of the proof of purchase (including, without limitation, a copy of the packaging of the product along with barcode).
vii. Once we have determined that you are eligible for a Reward, we will distribute the Reward to you through PayPal, bank transfer, or other means we choose. We reserve the right to modify the available means for distributing Rewards.
viii. You are solely responsible for any tax liability arising from your receipt of Rewards.
ix. You may not submit a purchase receipt for a product that you have returned, or intent to return, to the applicable retailer. If you return or exchange any products after receiving a Reward therefor, you must notify Shopmium via email at email@example.com within twenty-four (24) hours after the return or exchange. In such an event, or in the event that we discover a return or exchange of which we were not notified, we may, in our sole discretion, either (a) request a return of the value of the relevant Reward; or (b) terminate the User Account.
6. PROHIBITED CONDUCT
In addition to the other restrictions explicitly set forth in these Terms, you agree not to:
A. use any software, script, code, device, crawler, robot or other means not provided by us to access the Services, any Quotient system, or Content, including coupons;
B. circumvent, disable or otherwise interfere with security-related features on the Services;
C. access or use the Services in any manner that may damage, disable, unduly burden, or impair any Quotient networks or systems;
D. engage in any fraudulent, deceptive or otherwise improper actions when using the Services;
E. gain or attempt to gain unauthorized access to any areas of the Services, or any Quotient networks or systems, or to interfere or attempt to interfere with any Quotient networks or systems;
F. interfere or attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise; and
G. engage in commercial use or distribution of any Services or the Content (including any coupons, offers, rebates, promotions), or copy or create any derivative work of any Services or Content; and
H. use your User Account or the Services for the benefit of any third party.
7. USE OF THE SERVICES
Subject to your compliance with these Terms, Quotient grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms are reserved and retained by Quotient or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by Quotient herein terminate if you do not comply with these Terms.
8. USE OF SOFTWARE
Your use of any software provided by Quotient (“Software”) is subject to these Terms and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Services or any other authorized digital distribution platform, and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) the Software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software, including but not limited to any authentication and print control technologies, or disclose any such method or means to any third party; (d) you may not modify, alter, or create derivative works of the Software; and (e) you may not transfer, sublicense, assign, copy or redistribute any Software.
9. SERVICE AVAILABILITY
Quotient may change the Services at any time without notice. Quotient makes no representation that the Services will be available for use in your location.
10. USER CONTENT
Quotient may permit registered users to post content on or through the Services, including comments, recipes, reviews, photos, videos, and other materials (“User Content”). You understand and agree that Quotient does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Services that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Quotient arising from or relating to User Content.
If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name and any photo submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook or Google, your Quotient profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms.
You are solely responsible for your User Content and the consequences of posting your User Content to the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post or submit and to grant Quotient the licenses and rights set forth in these Terms.
You retain all rights in and to the User Content you post or submit to the Services. However, by posting or submitting User Content, you hereby grant Quotient a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Services and Quotient’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Services (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant Quotient a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof, including to promote or advertise the Services or the products and services of affiliates, advertisers and other third parties. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and Services of Quotient or any other company or product that is addressed in your User Content.
You agree not to post any User Content that (each, a “Prohibited Content”):
Quotient reserves the right to remove any User Content without notice for any reason.
All feedback, comments and suggestions for improvements to the Services, or new Services (collectively, “Feedback”), that you submit to Quotient shall be the sole and exclusive property of Quotient. You hereby irrevocably assign, and agree to irrevocably assign, to Quotient all your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret or other proprietary rights therein, and waive any moral rights you may have in such Feedback. You agree to execute documents and take such further acts as Quotient may reasonably request of you to assist Quotient to acquire, perfect, and maintain its intellectual property and other legal rights for the Feedback.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, or information about grocery or other product, service, retailer, recipe, drug, and health is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Quotient, nor is there any representation or warranty by Quotient that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
THE SERVICES AND ALL CONTENT ON OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUOTIENT 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, QUOTIENT MAKES NO WARRANTY THAT: (A) THE SERVICES, WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY THIRD PARTY SITE. QUOTIENT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUOTIENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. QUOTIENT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.
IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUOTIENT AND ITS LICENSORS 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 SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES, EVEN IF QUOTIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF QUOTIENT AND ITS LICENSORS, 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 OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
You agree to defend, indemnify and hold Quotient and its officers, directors, employees, agents and affiliates harmless from any and all third-party 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 Services.
Quotient may, without notice to you: (a) disclose information from the Services to any third party, including law enforcement agencies, to protect its rights and property, or the rights and property of its clients, in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any user or third party complaint, or potential violation of its policies; and (c) in its sole discretion and at any time, discontinue providing or limit your access to the Services, or any portion thereof.
A. These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Services 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 over any suit, action, or proceedings arising out of these Terms or the Services.
B. JURY TRIAL WAIVER. YOU AND QUOTIENT EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
C. CLASS ACTION WAIVER. YOU AND QUOTIENT EACH AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MAY ONLY BE IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
D. Any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
E. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.
17. COMPLIANCE WITH LAWS
You agree not to use the Services in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.
These Terms 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 any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by Quotient of any breach or default of these Terms 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. These Terms represent the complete agreement between Quotient and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Quotient and you.
Quotient will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act and allegations of trademark infringement in accordance with our trademark policy. For more information, please read our Copyright and Trademark Policies.
If you have any questions regarding these Terms, please contact us using this form or by mail at:
Quotient Technology Inc.
Attn: Legal Dept.
400 Logue Ave.
Mountain View, CA 94043