Terms of Use
Coin Out Inc.
Last Updated:
May 11, 2021
Welcome to the Coin Out service and
mobile application (“Service” or “App”) operated by Coin Out Inc. (“Company” or
“Coin Out” or “we”), a wholly owned company of Information Resources, Inc. This
Terms of Use and Rewards Program Official Rules (“Agreement”) are for the customers,
members, users, and others who visit and use the Service (“User” or “you” or
“your”).
THE SERVICE IS BEING PROVIDED TO
YOU UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOU HEREBY
ACCEPT AND AGREE TO THIS AGREEMENT BY CONFIRMING ACCEPTANCE OF THEM OR BY USING
THE SERVICES. BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY.
SECTION 20 AND SECTION 21 HAVE AN ARBITRATION PROVISION AND WAIVER OF CLASS
ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH PROVISIONS.
1.
Privacy
Policy
The Company’s Privacy Policy,
found at http://www.coinout.com/pages/privacy_policy, is hereby incorporated into this Agreement. Please read this
notice carefully for details relating to the collection, use, and disclosure of
your personal information.
2.
Changes to
Terms
The Company may make
modifications, deletions, and/or additions to this Agreement (“Changes”) at any
time. Changes will be effective immediately after the Company provides notice
of the Changes, whether such notice is provided through the Service user
interface, by posting the updated version on the Company’s website, is sent to
the email address associated with your account or otherwise, or when you opt-in
or otherwise expressly agree to the Changes or a version of this Agreement
incorporating the Changes, whichever comes first. Your continued use of the
Service after such Changes means that you accept all such Changes. You should
consult this Agreement each time you use the Service. This Agreement was last
modified on the date indicated at the top of this Agreement.
3.
Ownership and
Proprietary Rights
Grant of
License by Company. The Company
grants to you a limited, personal, non-exclusive, non-transferable and
revocable license to use the Service only for your own personal, individual and
non-commercial purposes relating to storing and viewing receipts for your
purchases that are submitted to the Service by you or collected by us if you
have opted-in to automated email or other online account collection
(collectively the “Documents”). The Service is not intended for any person or
entity seeking to use the Service for commercial purposes. The Service is
intended for use in the United States and we reserve the right to restrict
access from locations outside the United States. Upon termination of your
Account or the Service, the above license to use the Service will be revoked. All
rights related to the Service not expressly granted by Company are retained.
Company
Materials. The Service is owned and operated
by the Company. The content, visual interfaces, information, graphics, design,
compilation, computer code, products, software, services, and all other
elements of the Service that are provided by the Company (“Company Materials”)
are protected by United States copyright, trade dress, patent, and trademark
laws, international conventions, and all other relevant intellectual property
and proprietary rights, and applicable laws. All Company Materials contained on
the Service are the copyrighted property of Company or its subsidiaries or
affiliated companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to the Company or its affiliates and/or
third-party licensors. Except as expressly authorized by the Company, you agree
not to sell, license, distribute, copy, modify, publicly perform or display,
transmit, publish, edit, adapt, create derivative works from, or otherwise make
unauthorized use of Company Materials.
User
Materials. By sending or transmitting to us
information, opinions, creative suggestions, ideas, notes, concepts, or other
materials (collectively, “User Materials”), or by posting such User Materials
to any area of the Service, you grant the Company and its designees a
worldwide, non-exclusive, sublicensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable license to use, reproduce, distribute
(through multiple tiers), create derivative works of, publicly perform,
publicly display, digitally perform, make, have made, sell, offer for sale, and
import such User Materials in any media now known or hereafter developed, for
the purpose of providing, enhancing, and developing the Service, without
compensation to you. You hereby waive any moral rights or other rights with
respect to attribution of authorship regarding User Materials that you may have
under applicable law. None of the User Materials will be subject to any
obligation, whether of confidentiality, attribution, or otherwise, on our part
and we will not be liable for any use or disclosure of any User Materials. The
Company may remove or alter any User Materials at any time for any reason. If
you provide any feedback to the Company concerning the functionality and
performance of the Service (including identifying potential errors and
improvements), you hereby assign to the Company all right, title, and interest
in and to such feedback, and the Company is free to use such feedback without
payment or restriction. You are solely responsible for your User Materials and
the consequences of transmitting them on the Service.
By transmitting User Materials,
you represent, warrant, and covenant that: (1) you are the creator and owner of
the User Materials or otherwise have sufficient rights and authority to grant
the rights granted herein; (2) your User Materials do not and will not: (a)
infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right; or, (b)
slander, defame, or libel any other person; (3) your User Materials do not
contain any viruses, adware, spyware, worms, or other harmful or malicious
code; and, (4) unless you have received prior written authorization, your User
Materials do not contain any confidential information of any third party. We
reserve all rights and remedies against any users who breach these
representations and warranties.
4.
Service
Access and Changes
The Service is only open to legal
residents of the United States, 18 years of age and older, and who have a
registered account. Registration is necessary for use of the Services. You may
only have one account for the Service, and your account may be accessed and
used only by the authorized User who is properly registered with the Company.
The Company may refuse registration to any person for any reason at the sole
discretion of Company. Further, Company may regulate access to the Service
based on certain demographics, including but not limited to age, for any reason
at the sole discretion of Company. Access to certain service offerings, such as
connecting your email account or other online account, may require additional
User requirements, such as additional consent, to participate.
You agree that the information you
provide to the Company registration and, at all other times, will be true,
accurate, current, and complete. You also agree that you will ensure that this
information is kept accurate and up-to-date at all times. You must provide, at
a minimum, your phone number to register. In order to redeem your rewards, you
must provide first and last name, email address, date of birth, zip code, and gender.
You may be required to connect third party accounts, such as your PayPal or Zelle account, in order to receive certain rewards. These
requirements may be updated at any time at the sole discretion of Company.
The Company reserves the right in
its sole discretion to change or discontinue the Service (permanently or
temporarily) at any time, with or without notice and for any reason. Company
may terminate or suspend your account for any lawful reason or for no reason.
If your account is suspended or terminated for any reason, you acknowledge that
you will be prevented from accessing the Service, your account or the Documents
whether or not contained in your account. Company will not be liable for any
consequence to anyone or anything that results from any decisions regarding
continuing, changing, or discontinuing the Service or any features of the
Service. Further, Company will not be liable for forwarding, retrieving, or
returning any Documents. The Company reserves the right to impose storage or
other limits on use of the Service. We may also restrict or terminate your
access to the Service if we determine that your use of the Service violates this
Agreement or substantially exceeds normal use by other Users.
You are responsible for any
internet access charges or mobile data fees and other third-party charges you
may incur in connection with your use of the Service, including your access to
the Documents using the Service and transfer of the Documents to and from the
Service.
5.
Permitted Use
You agree to be solely and
completely responsible for your use of the Service, including all of your
transmissions onto and off of the Service and the content of the Documents or User
Materials. When using the Service, you agree to follow all applicable laws and
not to make use of the Service for any purpose which is illegal. The Company
reserves the right to monitor the use of the Service by any User to assure
compliance with this Agreement or any other binding terms, or if it otherwise
deems it necessary in its sole discretion. Any exercise of discretion by Company
with respect to the contents herein will not imply control or responsibility by
Company for purposes of any liability.
You agree that you will not
transmit any Receipts or User Materials that include: (1) social security,
driver's license numbers, passport numbers, or any other similar government
identifier; (2) financial institution, credit or debit card numbers; or, (3) utility
bills or mortgage statements. For avoidance of doubt, the inclusion of such
information will be a violation of This Agreement.
You represent and warrant that:
(a) you will use the Service only for your own personal, individual, and
non-commercial purposes relating to viewing, processing, and storing
brick-and-mortar or eCommerce receipts that are submitted by you or collected
by us if you have opted in to automated email or other online account
collection (collectively “Receipts”); (b) you are under 18 years of age; (c)
you will only use the Services in the United States; (d) your Account will be
maintained by you and is non-transferable and your Account may not be shared
with other individuals; (e) you take sole responsibility for any activities or
actions in using the Service, regardless of whether you have authorized such
activities or actions; and, (f) you will immediately notify Company of any
actual or reasonably suspected unauthorized use of the Service.
6.
Prohibited
Uses
You may not use Coin Out in any
manner that in the Company’s sole discretion could damage, disable, overburden,
or impair it or interfere with any other party’s use of the Service. You may
not intentionally interfere with or damage the operation of the Service or any
User’s enjoyment of it, by any means. You may not remove, circumvent, disable,
damage, or otherwise interfere with any security-related features of the
Service, features that prevent or restrict the use or copying of any content
accessible through the Service, or features that enforce limitations on the use
of the Service.
You may not attempt to gain
unauthorized access to the Service, or any part of it, other accounts, computer
systems or networks connected to the Service, or any part of it, through
hacking, password mining or any other means or interfere or attempt to
interfere with the proper working of the Service or any activities conducted on
the Service. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Service.
As a condition of your use of the Service,
you will not use the Service for any purpose that is unlawful or prohibited by
this Agreement. Access to the Company Materials and the Service from
territories where their contents are illegal is strictly prohibited. Company
Users are responsible for complying with all local rules, laws, and regulations
including, without limitation, rules about intellectual property rights, the
internet, technology, data, email, or privacy.
The Service may contain robot
exclusion headers. You agree that you will not use any robot, spider, scraper,
or other automated means to access the Service for any purpose without our
express written permission or bypass our robot exclusion headers or other
measures we may use to prevent or restrict access to the Service.
You may not utilize framing
techniques to enclose any trademark, logo, or other Company Materials without
our express written consent. You may not use any meta tags or any other “hidden
text” utilizing Company’s name or trademarks without our express written consent.
7.
No Guarantee
You acknowledge and agree that you
will not rely on the Service for any reason. The Company cannot guarantee that your
will not be subject to misappropriation, loss, or damage, and we will not be
liable in any way if they are. The Company will have no responsibility for, and
does not guarantee, the integrity, completeness or availability of the Documents.
You agree to assume all risk of loss of the Documents. Without limiting the
foregoing, you are responsible for making your own independent backup of the Documents
and for all costs and expenses that you or others may incur with respect to
restoring and/or recreating any data and information that is lost or damaged in
connection with your use of the Service.
8.
Restricted
Users
You hereby represent and warrant
that you are not a Restricted Person. For purposes of this Agreement, a
“Restricted Person” is any person or entity, or any officer, director, or
controlling shareholder of an entity, that is: (1) under the age of 18 years
old; (2) not a legal United States resident; (3) a national of or an entity
existing under the laws of Cuba, Iran, Sudan, North Korea, Syria, or any other
country with which U.S. persons are prohibited from engaging in transactions,
as may be determined from time to time by the U.S. Treasury Department; (3)
designated as a Specially Designated National or institution of primary money
laundering concern by the U.S. Treasury Department; (4) listed on the Denied
Persons List or Entity List by the U.S. Commerce Department; (5) engaged in
nuclear, missile, chemical or biological weapons activities to which U.S.
persons may not contribute without a U.S. Government license; or. (6) owned,
controlled, or acting on behalf of any person or entity described under the
foregoing (1) through (5).
9.
Violations
& Termination
You agree not to use the Service
in connection with any activity that violates any law, rule or regulation or other
applicable rights. Without limiting anything else in this Agreement, the
Company may at any time decline to process any transaction, suspend, or cancel
any User account and/or provide transaction and User information to law
enforcement authorities in the event that the Company (1) suspects any
violation of law, rule, regulation, any third party rights or this Agreement,
(2) is required to do so under applicable law, rule, regulation or legal
process (such as a court order), (3) is requested to do so by law enforcement
authorities or (4) believes (in its sole discretion) that such action is
appropriate in order to protect the property, rights, or safety of the Company
or any third party or to limit the Company’s liability. The Company will not be
liable to you or any third party for any termination of or modification to the
Service regardless of the reason for such termination or modification. These
remedies are in addition to any other remedies the Company may have at law or
in equity.
You agree that the Company, for a
violation of the terms of use, may terminate your account (or any part thereof)
you may have with the Company or your use of the Service, and remove and
discard all or any part of your account at any time. Upon the termination of
your account you will have all Rewards will be immediately forfeited. The
Company does not have any refund obligation to the User; the refund obligation
remains with the individual participating merchant partners (“Partners”). The
Company may in its sole discretion and at any time discontinue providing access
to the Service, or any part thereof, with or without notice. The Company
strives to work with reputable Partners. However, the Company has no liability
to you for any Partner’s failure to honor Coin Out, and you should contact the
Partner in connection with any of the foregoing. You agree that any termination
of your access to the Service or any account you may have or portion thereof
may be effected without prior notice, and you agree that the Company shall not
be liable to you or any third-party for any such termination. The Company does
not permit copyright infringing activities on the Service and reserves the
right to terminate access to the Service, and remove all content submitted, by
any persons who are found to be repeat infringers. Any suspected fraudulent,
abusive, or illegal activity that may be grounds for termination of your use of
the Service may be referred to appropriate law enforcement authorities. These
remedies are in addition to any other remedies the Company may have at law or
in equity.
10.
Additional Guidelines
or Rules
Guidelines. When using the Service, you may be subject to any additional
posted guidelines or rules applicable to specific Services, offers, Rewards,
and other features which may be posted from time to time. All such guidelines
are hereby incorporated by reference into this Agreement. Please note that
additional and/or different conditions and terms of use may apply to media,
contests, competitions, or services provided through one or more of our
partners or business associates, and you should refer to those before using
such services.
11.
Referral
Program
Referral invites should be used
for personal and non-commercial purposes. Public distribution through sites
where you are not the primary content owner is not allowed. The Company
reserves the right to change its referral policy at its discretion. Please look
to the referral section of the App for more details. The Company reserves the
right to suspend your account and revoke any referral amounts if they were
earned in violation of this Agreement. The Company reserves the right to
implement limits on the amount of referrals benefits possible to be earned.
12.
Third Party
Products and Services
The Company does not endorse the
purchase or use of any product or service that you may choose to use or pay for
while using the Service and has no control over any aspect of any such products
or services, including without limitation their existence, delivery, quality,
or safety. The Company is not a party to any transaction
you may elect to enter in to with a Partner or third party, and you are solely
responsible for your dealings with the Partner or third party. You are solely
responsible for all aspects of all transactions you may enter in to for which
you use the Service and acknowledge that the Company has no obligation to assist
you in any dispute with any Partner or third party regarding a product or
service purchased with a reward and no ability to effectuate any refunds.
The Service may contain links to third-party websites. The linked sites are not
under our control, and we are not responsible for the contents of any linked
site. A link does not imply the Company’s endorsement of, sponsorship of, or
affiliation with the linked site.
13.
Communications
Electronic
Communications. Under this
Agreement, you consent to receive communications from the Company
electronically including text messages (although you will have the opportunity
to opt-out to email instead). Depending on your carrier plan, you may incur
charges for receiving text messages, and you agree to not hold the Company
liable for any charges incurred. We will communicate with you by email or by
posting notices on the Service. You agree to also receive push notifications
and in-app communications from Company, which may include account and
promotional notifications. You agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Opt-Out. You may opt out of text messaging at any time by emailing the
Company at support@coinout.com or texting STOP to (914) 315-2097.
Support &
Feedback. For further support, feedback, or
other assistance, please visit our help page within the App or contact us at support@coinout.com.
14.
Security
The Company complies with our legal
obligations related to security by employing physical, technical, and
administrative protections and procedures to help prevent unauthorized access
to, disclosure, misuse, or loss of the data collected through the use of the
Service in accordance with generally accepted, appropriate industry standards. The
data is stored on secure servers and only specific, authorized personnel have
access to non-aggregated data. Such personnel work on password-protected
computers and are subject to confidentiality and security policies and
procedures. The security technology is updated and tested on an on-going basis.
In addition, we train our employees about the importance of confidentiality and
maintaining the privacy and security of your information.
Please be aware that despite our efforts,
no data security measures can guarantee 100% security. When you register you
will be asked to provide account credentials. As you will be responsible for
all activities that occur under your password, you should keep your password
confidential. You are solely responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password, including adding or redeeming any Reward or using the funds in
your Coin Out account. If you have reason to believe that your account is no
longer secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of your account ID or password), you will immediately notify
the Company. You may be liable for the losses incurred by the Company or others
due to any unauthorized use of your account.
15.
Account
Connect Program
The Account Connect Program is an
optional program that helps improve our understanding of online purchasing
behavior. By connecting your email account to the App, you will be helping us
understand e-receipts from major retailers in exchange for earning additional
points or rewards. We take your privacy very seriously, so e-receipts are the
sole focus of connecting your email through this optional program. The App
will automatically identify, collect, and analyze any qualifying only from
major online retailers that contain your receipt information only. Connecting
your email address is 100% optional. To disconnect your email or other online
account, please refer to the guidelines posted within the App.
The Company is not a party to any
dealings you may elect to enter in to with a Partner or third party. You are
solely responsible for all aspects of all dealings that you may enter in to for
which you use the Service, and you acknowledge that the Company has no
obligation to assist you in any dispute with any Partner or third party
regarding your use of the Service. You acknowledge that Company is not liable
for any loss or damage you suffer arising from or in connection with use of the
Service.
16.
Disagreements
You are solely responsible for
your involvement with any Partners or third parties with whom you may interact
in connection with the Service. The Company reserves the right, but has no
obligation, to monitor disagreements between you and any Partners or third
parties.
17.
Disclaimers
and No Warranties
THE SERVICE AND ANY THIRD-PARTY,
MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH
OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT
THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT THE COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST
OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH
THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18.
Indemnification
You agree to indemnify and hold
the Company, and its affiliated companies, and its suppliers and partners,
harmless from any claims, losses, damages, liabilities, including attorney’s
fees, arising out of your use or misuse of the Service, violation of this
Agreement, violation of the rights of any other person or entity, or any breach
of the foregoing representations, warranties, and covenants. The Company
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims.
19.
Limitation of
Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE
TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS
ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY,
EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY
WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S
OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR
SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER
IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE
LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY
PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN THE
COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY
YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.
20.
Arbitration
In the interest of resolving
disputes between you and the Company in the most expedient and cost-effective
manner, you and the Company agree that any claim (excluding claims for
injunctive or other equitable relief) where the total amount of the award
sought by either party is less than $10,000 shall be resolved via binding non-appearance-based
arbitration initiated through the American Arbitration Association (“AAA”). The
AAA Rules are available online at www.adr.org or by calling the AAA at
1-800-778-7879. In any such arbitration, the parties and AAA must comply with
the following rules: (a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, where the specific manner
shall be chosen by the party initiating the arbitration; (b) the arbitration
shall not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; (c) the arbitrator may award
injunctive or declaratory relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that
party's individual claim; and (d) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Nothing in
this Agreement shall prevent either party from: (1) seeking remedies in small
claims court of competent jurisdiction; (2) bring an action in a court pursuant
to the California Private Attorneys General Act of 2004, California Labor Code
§ 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit
in a court of law to address an intellectual property infringement claim.
Arbitration uses a neutral
arbitrator instead of a judge or jury and can be subject to very limited review
by courts. Arbitrators can award the same damages and relief that a court can
award. This agreement to arbitrate disputes includes all claims arising out of
or in any way related to this Agreement or your use of the Service, whether
based in contract, tort, statute, fraud, misrepresentation, or any other legal
theory, and regardless of whether a claim arises during or after the expiration
or termination of this Agreement.
Whether to agree to arbitration is
an important business decision. It is your decision to make, and you should not
rely solely on the information provided in this Agreement as it is not intended
to contain a complete explanation of the consequences of arbitration. You
should take further steps to conduct research and to consult with others,
including an attorney, regarding the consequences of your decision, just as you
would when making any other important business or life decision.
Arbitration is not a mandatory
condition of this Agreement. If you do not want to be subject to this Section 20,
you may opt out of this Section 20 by notifying the Company in writing of your
decision by sending, within 30 days of the date you receive this Agreement, an
electronic message to support@coinout.com, stating clearly your full name and
intent to opt out of this Section 20. Should you choose not to opt out of this
Section 20 within the 30-day period, you and the Company will be bound by the
terms of this Section 20. You have the right to consult with counsel of your
choice concerning this Section 20. You understand that you will not be subject
to retaliation if you exercise your right to opt out of coverage under this
Section 20.
If the Company makes any future
change to this arbitration provision, other than a change to the Company’s
address for notice, you may reject the change by sending the Company written
notice within 30 days of the change to the Company’s address for notice, in
which case this arbitration provision, as in effect immediately prior to the
changes you rejected, will continue to govern any disputes between you and the
Company. If you do not send such written notice, your continued use of the
Service following any such change means that you have consented to such change.
If this Section 20 is found to be
unenforceable, then the entirety of this Section 20 will be null and void and
the exclusive jurisdiction and venue described in Section 24 will govern any
action arising out of or related to this Agreement or your use of the Service.
21.
Class Action
Waiver
YOU AGREE THAT ANY CLAIMS SUBJECT
TO ARBITRATION UNDER THIS AGREEMENT MUST BE MADE IN YOUR INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL
ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS
SECTION 22).
22.
Claims
YOU AND THE COMPANY AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
23.
Notice
Legal notices shall be served to
the Company via registered mail or overnight courier to 203 North LaSalle
Street, Suite 1500, Chicago, IL 60661 (in each case with delivery confirmation)
and to you at the email address you provide to the Company during the
registration process. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you legal notice by mail to the address provided
during the registration or purchase process. In such case, notice shall be
deemed given three days after the date of mailing.
24.
Miscellaneous
Governing
Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to any principles
of conflicts of law. The United Nations Convention on Contracts for the
International Sale of Goods will not apply to any provision of this Agreement.
Jurisdiction. You agree that any action at law or in equity arising out of or
relating to this Agreement or the Service that is not subject to mandatory
arbitration as set forth herein shall be filed only in a state or federal court
located in the State of Delaware, and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such
action.
Protected
Activity Not Prohibited. To the
extent permitted by applicable law, nothing in this Agreement will in any way
limit or prohibit you from filing a charge or complaint with, or otherwise
communicating or cooperating with or participating in, any investigation or
proceeding (“Protected Activity”) that may be conducted by any federal, state,
or local government agency or commission (“Government Agencies”). In connection
with such Protected Activity, you are permitted to disclose documents or other
information as permitted by law, and without giving notice to, or receiving
authorization from, the Company. In making any such disclosures or
communications, you agree to take all reasonable precautions to prevent any
unauthorized use or disclosure of any information that may constitute the
Company’s confidential information to any parties other than the Government
Agencies.
Waiver. A provision of this Agreement may be waived only by a written
instrument executed by the party entitled to the benefit of such provision. The
failure of any party at any time to require performance of any provision of
this Agreement shall in no manner affect such party’s right at a later time to
enforce the same. A waiver of any breach of any provision of this Agreement
shall not be construed as a continuing waiver of other breaches of the same or
other provisions of this Agreement.
Severability. If any provision of this Agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
Assignment. This Agreement, related guidelines, and any rights and licenses
granted hereunder may not be transferred or assigned by you but may be assigned
by the Company without restriction.
Survival. Section 1 through Section 9, Section 12, and Section 16 through
Section 24 will survive any termination of this Agreement.
No Agency. Company is not your agent with respect to the Service and no
legal relationship is established between you and Company except as may be
expressly stated in this Agreement or other binding terms.
Headings. The heading references herein are for convenience purposes only,
do not constitute a part of this Agreement, and shall not be deemed to limit or
affect any of the provisions hereof.
Entire
Agreement. This Agreement (including the
Privacy Policy) is the entire agreement between us relating to the subject matter
herein and shall not be modified except in writing, signed by both parties, or
by a change to this Agreement or Guidelines made by the Company as set forth herein.
Disclosures. The Service hereunder is offered by Coin Out Inc., located at 203
North LaSalle Street, Suite 1500, Chicago, IL 60661, email:
support@coinout.com. If you are a New York resident, you may have this same
information emailed to you by sending a letter to the foregoing address with
your email address and a request for this information.
Notice for
California Users. Under
California Civil Code Section 1789.3, users located in California are entitled
to the following notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814,
or by telephone at (916) 445-1254 or (800) 952-5210.
CoinOut Rewards Program
Official Rules
1.
OFFICIAL
RULES
THESE OFFICIAL RULES (THE “RULES”)
OF THIS COIN OUT INC. ("COMPANY") COINOUT REWARDS PROGRAM IS INTENDED
FOR THE LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF
COLUMBIA WHO ARE THE AGE OF 18 YEARS OR OLDER AND IS GOVERNED BY U.S. LAW. DO NOT ENTER ANY PORTION OF THIS PROGRAM IF
YOU ARE NOT ELIGIBLE. THIS PROGRAM IS
NOT OPEN TO THE GENERAL PUBLIC. NO
PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL
NOT INCREASE YOUR CHANCE OF WINNING. COMPANY RESERVES THE RIGHT TO MODIFY OR
TERMINATE THE PROGRAM AT ANY TIME AND IN ANY MANNER EVEN THOUGH THIS MAY AFFECT
THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY ACCUMULATED OR THE
AVAILABILITY OF REDEEMABLE PRIZES.
2.
OVERVIEW
The Company hosts the CoinOut
Rewards Program (the "Program") through the CoinOut mobile
application (the “App”) and is for those Users who have downloaded the App and
consists of a rewards program where Users have the potential to earn cash-back
or other rewards (“Rewards”) for completing purchases with participating
merchant partners (“Rewards Partners”), subject to the terms of this Agreement
and any other terms and conditions of Rewards Partners that may apply. Users may
earn Rewards by using the App to scan a receipt, entering their cell-phone
number into the software being used by Rewards Partners or by completing an
online purchase that starts within the App.
3.
ELIGIBILITY
The Program is only open to legal
residents of the United States, 18 years of age and older, and who have a
registered account ("User"). You represent and warrant that: (i) you are of legal age to form a binding contract; (ii)
you will provide us with accurate, current, and complete registration
information; (iii) your registration and your use of the App is not prohibited
by law; and, (iv) your registration uses an actual phone number or email
address owned and operated by you. You
are responsible for your own registration and all use of the Services or the
App under it. Your registration is personal to you and is not transferable by
you to any third party without our prior written consent. Void where
prohibited.
4.
REWARDS
Collecting
Rewards. Users have the potential to earn
cash-back or other Rewards for completing purchases with participating
Partners, subject to the terms of this Agreement and any other terms and
conditions of Partners that may apply. Users earn Rewards by using the App to scan
a receipt, connecting an online account, or by entering into any sweepstakes,
contests, and promotions. We reserve the right to change App functionality and
Reward collection options at any time at the Company’s sole discretion.
Redeeming
Rewards. Award redemptions must be made
within the App, and you may be asked to confirm information about yourself
and/or your household in order to redeem Rewards. To claim Rewards, Users must
register and/or log into their account on the App. At this time, a User can
redeem Rewards within their account and can redeem Rewards for gift cards or
cash to a PayPal account or to a Zelle account. The
Company may require a User to have a minimum amount of accumulated Rewards in
their account in order to redeem any cash-back rewards. All Rewards will be distributed
as described within the App. Your Rewards are not held in any bank account and
Users have no ownership rights with respect to any Reward until redeemed in
accordance with the terms of this Agreement and any other special terms and
conditions that may apply to a given Reward. All Rewards will be redeemed, as
directed by the User through the App, to (i) any gift
card partner vendor from which the User elects to purchase a gift card; (ii)
PayPal; and, (iii) Zelle. We reserve the right to
change App functionality and Reward redemption options at any time at the
Company’s sole discretion.
Expiration of
Rewards. A User’s Rewards will expire and
will no longer be redeemable if the User does not submit a paper receipt in 90 consecutive days.
Users will be given a seven (7) day notice before the expiration of any Rewards. If a User does not log into the User’s
Coin Out account within 7 days after earning a Reward, at the sole discretion
of the Company, the User may no longer have the right to redeem that Reward. We
reserve the right to change App functionality and Reward expiration options at
any time at the Company’s sole discretion.
No Cash
Value. Rewards have no cash value.
Fees. The Company reserves the right to alter fees that Users will pay
for using the Service. At this time, the Company's fees are 0% of the value of
all Rewards held in a User’s account. The Company will provide reasonable
notice of any fee changes.
Uploading
Receipts. The Company may offer Reward Participants the ability to upload receipts or to enable the automatic collection of receipts via account connection. If receipts are legitimate and valid, the Reward Participant may earn the Reward. A valid receipt is a receipt that is (i) from a personal purchase (not for a business), (ii) made by the Reward Participant or someone else in their household, (iii) contains the retailer’s name, date of purchase, item(s) purchased (to the extent itemized on the receipt), price(s) of items purchased, and the total receipt price, (iv) is in English, (v) is in U.S. dollars, and (vi) is submitted within 14 calendar days of the purchase date on the receipt. Receipt images must be clear enough to be read by our system. Each receipt may only be submitted one time and by one Reward Participant. A Reward Participant can submit a maximum of five (5) receipts from the same retailer within a 24-hour period.
If a Reward Participant uploads fake receipts, receipts altered in any way from the original, duplicate receipts including receipts already submitted by another Reward Participant, receipts of purchases made by others outside your household or for any other invalid reason, or the Company reasonably suspects a Reward Participant is abusing or manipulating the Services, the Company may refuse, in its sole discretion, to allow that Reward Participant to earn Rewards.
Coin Out may limit the number of receipts that can be submitted by you in a period of time to a maximum quantity. Currently, the number of receipts that can be submitted by you are as follows:
Paper Receipts: 7 paper receipts per 1 day;
Online Receipts: 20 online receipts per day and no more than 50 online receipts per 7 days.
Receipt Scanning and Item Accuracy. If you believe a receipt has been improperly classified as invalid, either by store name, purchase price or purchase date, please consult the ‘Report an Issue’ in-App process to raise this issue. The receipt correction processes may not be available for certain receipt types within the App or within certain App versions. In those instances, please refer to the “Contact Us” section within the App or please contact our support team at support@coinout.com. In addition, you may have a limited period of time, as stated in the App, in which you are allowed to correct your receipt(s). You are responsible for reviewing your scanned receipt to confirm accuracy. Coin Out is not responsible for any inaccuracies in this process, and resolution through the in-App process and through our support team is your sole remedy. For additional information about receipts please visit What qualifies as an invalid paper receipt?
Connected
Accounts. The Company may offer Reward Participants the ability to connect an online account, such as an email, retailer, or other online account, to enable the automatic collection and uploading of eCommerce receipts. If receipts are legitimate and valid, the Reward Participant may earn a Reward. If a Reward Participant uploads fake, invalid or duplicate receipts, connects to an online account that is not owned by Reward Participant, or the Company reasonably suspects a Reward Participant is abusing or manipulating the Services, the Company may refuse, in its sole discretion, to allow that Reward Participant to earn Rewards.
Limits. The Company reserves the right to alter Reward and other limits. Currently, the limits are as follows:
(a) Individual Transactions. A Reward Participant may be allowed to earn as little as $0.01;
(b) Maximum Balance. A Reward Participant will be allowed to accrue a maximum balance of $500. If your maximum balance reaches $500, you will be required to redeem Rewards before new Rewards can be earned; and
(c) Daily Limit. the aggregate value of all Rewards redeemed by a Reward Participant will not be allowed to exceed $100.00 in any given day. Once a Reward Participant reaches the Daily Limit, no new receipts will be accepted and no additional rewards can be earned.
Taxes. The Company does not provide tax or other financial advice. You
are solely responsible for ascertaining and complying with any tax obligations
you may have in connection with your use of the Service.
5.
SWEEPSTAKES,
CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or
other promotions (collectively "Promotions") that may be offered via
the Service may be governed by a separate set of rules that may have
eligibility requirements, such as certain age or geographic area restrictions,
terms and conditions governing the Promotions, use of submissions, and
disclosures about how your personal information may be used. In most instances,
these rules will be located directly within the App. It is your responsibility
to read these rules to determine whether you want to and are eligible to
participate, register and/or enter, and to determine the applicable terms and
conditions of the Promotion. By participating in a Promotion, you will be
subject to those official rules, and you agree to comply with and abide by such
rules.
6.
RELEASE AND
GENERAL TERMS
By participating in the Program, you
agree to release and hold harmless Company and its affiliates, licensees,
parents, franchisees, subsidiaries, advertising and promotion agencies and
their respective employees, officers, directors, shareholders, successors, and
assigns (collectively "Releasees") from any and all liability for any
injuries, losses, or damage of any kind which may arise in connection with this
Program or the acceptance and/or use of any items or prize. Unless prohibited
by law, any issues concerning the validity, interpretation, enforceability of
these Official Rules, or the rights and obligations of entrants and Company,
shall be governed by and construed in accordance with the laws of the State of Delaware,
USA, without giving effect to any conflict of law rules which might find
otherwise. The Sweepstakes is subject to all applicable federal, state,
provincial, municipal, and local laws and regulations.
7.
PRIVACY
Information
collected at the time of registration and information you submit in connection
with completion of a survey is governed by the Company's Privacy Policy.
8.
INTERNET
If for any reason this Program is
not capable of running as planned due to infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other
causes beyond the control of the Company which corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Program, the Company reserves the right at its sole discretion, to disqualify
any individual who tampers with the entry process, and to cancel, terminate,
modify or suspend the Program. Company is not responsible for any problems or
technical malfunction of any computer on-line systems, servers, or providers,
computer equipment, software, failure of any e-mail or entry to be received by Company
on account of technical problems, human error or traffic congestion on the
Internet or at any website, or any combination thereof, including any injury or
damage to User’s or any other person's computer relating to or resulting from
participation in this Program or downloading any materials in this Program. Any
attempt to deliberately damage any website or undermine the legitimate
operation of the program is a violation of criminal and civil laws and should
such an attempt be made. The company reserves the right to seek damages or
other remedies from any such person(s) responsible for the attempt to the
fullest extent permitted by law. In the event that the operation, security, or
administration of the Program is impaired in any way for any reason, including,
but, not limited to, fraud, human error, virus, regularly-scheduled
maintenance, or other technical problems, the Company may, in its sole
discretion, either: (a) modify the Program in a manner that best conforms to
the spirit of these Rules without suspending it; (b) suspend the Program to
address the impairment and then resume the Program in a manner that best
conforms to the spirit of these Rules; or (c) cancel the Program and award the
currently weekly prize in a random drawing from among all eligible entries
received up to the time of the impairment.
