AllPoints Rewards Retailer Terms & Conditions

The AllPoints Rewards mobile programs and supporting portals (Site) is provided by Outsite Networks Incorporated, a Norfolk, VA based company, together with its affiliates and subsidiaries (collectively, "AllPoints"). The "Site" includes, without limitation: (a) all websites, co-branded Microsites, services, or applications owned or provided by AllPoints Rewards product line, and all services offered on or through www.AllPointsRewards.com or www.AllPointsPlaces.com, and other services accessible via www.AllPointsRewards.com or www.AllPointsPlaces.com ("Services"); (b) all software offerings and applications owned or provided by AllPoints and/or available on or through www.AllPointsRewards.com or www.AllPointsPlaces.com ("Software"); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.AllPointsRewards.com or www.AllPointsPlaces.com ("Content"). By accessing or using the Site, you agree to comply with and be bound by the following terms and conditions ("Terms of Use") and the AllPoints Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR APPLICATION.

UPDATES

AllPoints may revise these Terms of Use or our Privacy Policy at any time. If AllPoints decides to change these Terms of Use, AllPoints will post the changes to these Terms of Use and other places AllPoints deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Site following the posting will constitute your acceptance of the Terms of Use as revised.

PRIVACY

AllPoints considers protecting your personal data very important, and has developed a Privacy Policy describing Coupons’ data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein.

CHILDREN

If you are under 18 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to AllPoints.

OTHER TERMS

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

USE OF THE SITE

Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify AllPoints immediately of any unauthorized use of your password(s) or account(s). You agree that AllPoints will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Coupons or another due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any AllPoints networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any AllPoints networks or systems, or to interfere or attempt to interfere with any AllPoints networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Coupons, networks or systems.

ADDITIONAL RESPONSIBLITIES

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AllPoints has reasonable to suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use, AllPoints has the right to suspend or terminate your account and refuse any or all current or future use of the Site and/or Services (or any portion thereof).

USE OF SOFTWARE

Your use of Software is subject to these Terms of Use 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 Site 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 only for legal commercial promotion 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 or disclose any such method or means to any third party; (d) The Software may not be modified or altered in any way; and (e) The Software may not be transferred, sublicensed, assigned, copied, or redistributed.

SERVICES

AllPoints may change the Services offered on or through the Site at any time without notice. AllPoints makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

YOUR PROMOTIONAL CONTENT

By placing your Content, including without limitation, any offer or coupon, product, recipe, drug, and health information, location information is provided on the Site, you agree that it will in no event contain libelous or otherwise unlawful, threatening, abusive or obscene material, or commercial solicitations, or any form of "spam". You bear sole responsibility for the accuracy legal compliance of your content. In no event should AllPoints enabling of your content be construed to indicate that any such Content is endorsed by AllPoints, effective, or safe for your use. AllPoints makes no representation or guarantee that your Content is accurate, complete or timely, and display of any information within the Content or provided on or through the Site is solely at your own risk.

ALLPOINTS SUPPORT CONTENT

The Site provides access to content provided by AllPoints as well as third party web sites, and AllPoints makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of the Site content and third party content accessible from the Site, and you bear all risks associated with your access and use of such content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation of AllPoints with any third party or any third party web site, products and/or services.

FEEDBACK

All comments or materials submitted by you to AllPoints through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, "Feedback") shall be received and treated by AllPoints on a non-confidential and unrestricted basis. Further, AllPoints shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity.

SITE OWNERSHIP

All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of AllPoints and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any AllPoints name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without AllPoints’ express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of AllPoints or the respective owner.

DATA OWNERSHIP

Use of the Software requires that AllPoints capture, collect, transmit, store, and use information (Data), including without limitation, shopper identification, locations, contacts, check-ins, claims, feedback, transaction information are and shall remain the property of AllPoints and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. AllPoints reserves the right to share such Data with third parties in aggregate form. AllPoints will not share data uniquely identifiable to your program without your prior consent. The site enables voluntary partnership with participating third party organizations (Partners), including without limitation, retailers, manufacturers, fuel brands, charitable organizations, for the purposes of comarketing. Participation in Partner activities may result in access to relevant Data uniquely identifiable to your shared program.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLPOINTS 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, ALLPOINTS MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. ALLPOINTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ALLPOINTS 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 SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF ALLPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ALLPOINTS 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 OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

INDEMNITY

You agree to defend, indemnify and hold AllPoints 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 Site, Services, Software or Content or your violation of these Terms of Use.

ONLINE PAYMENTS

Qualifications and Restrictions Eligible Commercial customers are permitted to utilize AllPoints Online Payment service ("Online Payment") via the Internet with no fee if the following requirements are met: You must have a current/valid U.S. bank account at a financial institution where the payment will be withdrawn. Your AllPoints account must be active or have a balance owing. By selecting the "Submit" button, you are confirming that you accept these Terms and Conditions (and any future modifications thereof) and agree that by making or scheduling a payment via Online Payment, you authorize your financial institution and Outsite Networks to initiate debit(s), credit(s) or correction entries for such payments. You promise that you have all necessary rights, power and authority to authorize each such payment and that you will take such steps as your financial institution requires to make such authorization. Your Commitment to Us It is your responsibility to: Ensure there are sufficient funds available in your checking or savings account to meet each scheduled Online Payment. If there are insufficient funds in your account, your financial institution and AllPoints may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest charged by your financial institution or AllPoints. Check your bank account statement to verify that the amounts debited from your account are correct. Any overpayments resulting in a credit balance cannot be refunded but will be applied as a credit on your AllPoints account. Requests for refunds due to overpayment should be directed to your financial institution which may charge a fee associated with the refund request. Payment Obligations AllPoints does not charge you a convenience fee for using Online Payment. However, your financial institution may charge you fees related to your scheduled payment, including transaction fees or fees for attempting payments without sufficient funds. If a transaction is not honored by your financial institution, a fee may be charged to your AllPoints account. Unauthorized or Disputed Payments If you believe that someone has made an unauthorized payment through Online Payment without your permission, contact your financial institution immediately. You are solely responsible for any unauthorized payments, although your financial institution may provide some form of fraud protection. In case of disputes or questions about your Online Payment, contact AllPoints by email or by calling Customer Assistance at 1-757-853-3000, Monday through Friday 8:00AM to 5:00PM PT (excluding holidays). AllPoints must hear from you within sixty (60) days after the first bank statement on which the problem appeared was sent to you. Please provide your name and AllPoints account number, describe the error or transfer about which you are unsure, why you believe there is an error, and the dollar amount of the suspected error. AllPoints will inform you as to the result of the investigation within ten (10) business days after AllPoints hears from you and will correct any error promptly. If more time is needed, however, AllPoints may take up to forty-five (45) days to investigate your complaint or questions. If no error is found, AllPoints will contact you within three (3) business days after the investigation is completed. Cancellation AllPoints does not permit cancellation of Online Payments after you have scheduled the transaction. Termination Participation in AllPoints Online Payment is completely optional. AllPoints reserves the right to suspend or discontinue accepting online payments at any time, for any reason without prior notice. AllPoints will attempt to provide you with prior notice of suspension or termination of Online Payment, but AllPoints will not be liable for any failure to do so. Neither termination nor discontinuation of Online Payment shall affect your liability for transactions initiated through this service. Other Terms and Conditions AllPoints has no responsibility for any failure or error in Online Payment, including without limitation, any interruption, omission, mistake, malfunction or delay related thereto. AllPoints makes no representation that any data posted is suitable for any particular purpose or use. Online Payment will be operated and used at all times subject to applicable laws, rules, regulations and decisions of federal and state governmental authorities having jurisdiction, as in effect from time to time, including without limitation, the applicable public utilities commission. Any dispute related to Online Payment shall be resolved pursuant to the laws of the State of Virginia, without reference to its principles on conflicts of laws. Your use of Online Payment does not provide any legal right or interest in any intellectual property used in connection therewith, or derived there from or any text or other content posted in connection therewith, including without limitation any copyright, for which all rights are reserved by AllPoints. Use of Online Payment is at your sole risk. Although AllPoints has endeavored to create a secure and reliable service, the confidentiality or security of any communication transmitted or accessible over the internet cannot be guaranteed. AllPoints does encrypt your personal information on our systems and in transmission and complies with all applicable laws in handling such information. Accordingly, AllPoints and its affiliates are not responsible for the security of any information transmitted or accessed using the Internet. Actual or attempted unauthorized use of this Online Payment service may result in criminal and/or civil prosecution. AllPoints ' use of your information shall be in accordance with AllPoints' privacy statement which may be viewed at AllPoints shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by AllPoints. No delay or omission on the part of AllPoints in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or wavier of any rights or remedies on future occasions. AllPoints reserves the right to change any terms and conditions of Online Payment at any time. Your use of Online Payment after any changes in such terms and conditions shall constitute your consent to such changes. You agree that AllPoints shall not be liable to you or to any third party for any modification, suspension or discontinuance of Online Payment. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITION

TERMINATION

AllPoints has the right, but not the obligation, to monitor any activity on the Site. AllPoints may disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. AllPoints may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site, or any applicable Services, Software or Content. In addition, AllPoints may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Norfolk, Virginia, 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 of Use.

COMPLIANCE WITH LAWS

You agree not to use the Site, Services, Software, or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use. Further, you agree not to access, download, use or export the Site, Services, Software, or Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site, Services, Software, or Content in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

GENERAL

These Terms of Use 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 of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by AllPoints of any breach or default of these Terms of Use 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 of Use represent the complete agreement between AllPoints and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Coupons and you.

COPYRIGHT & TRADEMARK

Copyright © 2011 Outsite Networks Incorporated. All Rights Reserved. The AllPoints and Outsite Networks Incorporated logos are registered trademarks of Outsite Networks Incorporated. All other trademarks, logos and service marks are the property of Coupons.com Incorporated or their respective owners.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, please contact Outsite Networks Incorporated at allpoints@outsitenetworks.com or by mail at:
Outsite Networks Incorporated
2551 Eltham Ave
Suite N.
Norfolk, VA 23513
Attn: Legal Dept.
Last updated: April 18, 2011