Use of the CouponsNetwork.com coupon printing function requires that you accept the terms of the PRINTER END USER LICENSE AGREEMENT.
Availability of Site – Noncommercial Use Only
Agreement to Terms
By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Catalina, you agree to and are bound by these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Florida law.
From time to time we may update this Site and these Terms and will post a new Effective Date. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
CATALINA MAKES THIS SITE AND ALL SERVICES, SOFTWARE, AND CONTENT AVAILABLE ON OR THROUGH IT, AVAILABLE TO YOU FOR YOUR PRIVATE AND NON-COMMERCIAL USE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS.
User Age and Access
This Site is intended for and applicable only for residents of the United States who are 13 years of age or older. If you are from another jurisdiction, you should not use this Site. If you are under 13 please do not use this Site or provide any information to us.
Content on this Site that is provided by Catalina or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Catalina Content”) is the property of Catalina and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Catalina Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Catalina, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Catalina and/or its licensors, that dilutes the strength of Catalina’s or its licensor’s property, or that otherwise infringes Catalina’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Catalina Content or Third Party Content that appears on this Site. YOU MAY NOT SELL, AUCTION, ALTER, DUPLICATE, TRANSFER, DISTRIBUTE, REPUBLISH, UPLOAD, OR OTHERWISE USE IN A COMMERCIAL MANNER THE SERVICES, SOFTWARE, OR CONTENT (INCLUDING BUT NOT LIMITED TO COUPONS AND OFFERS).
From time to time on certain areas of our Site you may be able to submit photos, essays and certain other materials (“User Content”). We are not responsible for User Content posted on the Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles, and any other content that you upload, share, publish or display on or through the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Catalina may cancel your account and delete all User Content associated with your account at any time, and without notice, if Catalina deems that you have violated these Terms, the law, or for any other reason. Catalina assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Catalina grants you a personal, non-exclusive, non-transferrable license to access our Site and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose subject to the express provisions of these Terms. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Catalina a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs.
As between you and Catalina, (or other company whose marks appear on the Site), Catalina (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Catalina. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Catalina or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Catalina logos and service names are trademarks of Catalina (the “Catalina Marks”). Without our prior permission, you agree not to display or use Catalina Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Catalina Mark without the prior written consent of Catalina.
Rules and Limits on Use of the Site
Catalina may, in its sole discretion, and at any time, change, suspend, terminate or discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Catalina will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time in our sole discretion.
Specific Prohibited Uses
The Site may only be used for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Catalina specifically prohibits certain uses of the Site and requires all users to agree that the following requirements apply to the use the Site:
(a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
(b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
(c) you will not collect or store personal data about other users;
(d) you will not use the Site for any commercial purpose not expressly approved by Catalina in writing;
(e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
(f) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Catalina in its sole discretion;
(g) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
(h) you will not post incomplete, false or inaccurate information about yourself or impersonate any person or organization, including without limitation, the personnel of Catalina, or misrepresent an affiliation with another person or organization;
(i) you will not transmit or transfer by any means information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws; and
(j) you will not attempt to interfere in any way with the Site’s or Catalina’s networks or network security or attempt to use the Site’s service to gain unauthorized access to any other computer system
Violations of system or network security may result in civil or criminal liability. Catalina will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with the functionality or any computer software or hardware or telecommunications equipment or service to any user, host or network, including, without limitation, via any means of submitting a viruses or other computer code, files, or programs to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
You agree to defend, indemnify and hold Catalina, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, arising in any way or related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you or anyone acting on your behalf or with your authority or which arises from the use of User Content you submitted, posted, or otherwise provided to Catalina or this Site including without limitation any third party claim that any information or materials your provide infringes any third party proprietary rights.
Disclaimer of Representations
Catalina makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Catalina makes no representations regarding the amount of time that any Content or User Content will be preserved. Catalina does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Catalina without the prior review and written approval of Catalina.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CATALINA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. CATALINA IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF CATALINA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CATALINA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL CATALINA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CATALINA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL CATALINA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF CATALINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Third Party Websites
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Catalina at the address below. We reserve the right to deny any request or to rescind deny permission granted by us to link to this Site and to require termination of any such link to the Site at our sole discretion at any time.
International Use and Consent to Processing
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, including without limitation all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside
By providing any personal information to the Site all users fully understand and unambiguously agree to the collection and processing of such information in the United States.
Applicable Law and Jurisdiction
These Terms will be governed by and construed in accordance with the internal laws of Florida without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Tampa, Florida. These Terms operate to the fullest extent permissible by law.
Both you and Catalina acknowledge and agree that no partnership is formed and neither of you nor Catalina has the power or the authority to obligate or bind the other.
The failure of Catalina to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Catalina, shall not be deemed a breach of these Terms.
If Catalina fails to act with respect to your breach or anyone else’s breach on any occasion, Catalina is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Catalina, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Catalina regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. You may not assign the Terms or any of your rights or obligations under the Terms without Catalina’s express written consent. The Terms inure to the benefit of Catalina’s successors, assigns and licensees.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any claim or cause of action you may have with respect to Catalina or the Site must be commenced within one (1) year after the claim or cause of action arose.
Loyalty Rewards Terms & Conditions
1. A given Loyalty Rewards Program (“Program”) is valid only for the consumer notified via print-out from the Catalina printer at a certain retail chain store. Program rights are not transferable. Any attempted transfer automatically voids Program and is an actionable violation of Catalina Corporation’s rights and/or the rights of the sponsoring manufacturer (whose brand of a certain product is being advertised via Program), if applicable, and/or the participating retail chain store.
2. Each Program has its own reward and is separate and distinct from any other Program. Participation in one Program cannot be combined or otherwise used for any other Program or offer (except that a participating retail chain store may allow consumer to use a Program purchase in conjunction with another retail chain store offer). Purchases for one Program cannot be “saved” or stored for other Programs.
3. To receive a Program reward, consumer must purchase (a) a certain amount and size of a particular brand of product (of the sponsoring manufacturer or retail chain store’s own brand); (b) at any location of the retail chain store using that retail chain store’s frequent shopper/discount card (also known as the “loyalty card”); and (c) within a given time period, all as specified on the print-out. If all three (3) of these conditions are not met (as determined by Catalina Corporation), then consumer will not receive Program reward.
4. Program rewards are issued at the same retail chain store (but not necessarily the same location of the retail chain store) where you were notified of and participated in the Program, via print-out from the Catalina printer. Right is reserved to confirm identification of consumer prior to processing of Program reward. Program reward must be claimed at the applicable retail chain store (but not necessarily the same location of the retail chain store) by the expiration date indicated on the print-out from the Catalina printer; after such expiration date, the sponsoring manufacturer, if any, Catalina Corporation and participating retail chain store will have no liability to consumer in conjunction with Program.
5. Program rewards are in the form of YourBucks® offers which are redeemable for an amount off the purchase price of any product available for sale at a retail chain store, except as prohibited/restricted by law (that is, alcohol, dairy, tobacco and other regulated products may not be eligible for use of YourBucks® offers) or the retail chain store’s policies (for example, such policies may exclude use of YourBucks® offers to purchase gift cards). Additional terms and conditions (such as, expiration date) apply to usage of Your Bucks® offers. Program reward must be accepted as is, and no exchanges or substitutions will be allowed.
6. Program participation may also be subject to the policies of the applicable retail chain store. In the event of a conflict between these Terms & Conditions and such retail chain store policies, the retail chain store policies will govern and control.
7. Use of 16 digit tracking code on print-out is not required for participation. If you like, you may use the tracking code to see online status updates on www.CouponNetwork.com. Status updates may also periodically be provided via print-out from the Catalina printer at the applicable retail chain store, but the sponsoring manufacturer, if any, and/or Catalina Corporation and/or the retail chain store are in no way obligated to provide such updates.
8. Tracking code is tied to the retail chain store’s loyalty card used to make Program purchase(s). Program participation requires consumer to use the same loyalty card number for all Program purchases. If a household has multiple loyalty cards, they cannot be combined for purposes of Program participation.
9. Status updates are not binding upon the sponsoring manufacturer, if any, and/or Catalina Corporation and/or the retail chain store and may be revised at any time without liability of any kind.
10. Catalina Corporation is not responsible for garbled, misdirected, incomplete, irregular or defective print-outs or for technological (including network, programming, software or electronic) error, malfunction or failure of any kind, including the Catalina printer.
11. All decisions of Catalina Corporation regarding participation in Loyalty Rewards are final and binding and not subject to appeal.
12. Subject to the indicated end of the time period for participating in a Program and the expiration date of YourBucks® offers, Catalina Corporation may terminate Loyalty Rewards at any time without prior notice or liability of any kind, to the fullest extent permitted by law.
13. These Terms & Conditions are subject to modification by Catalina Marketing Corporation at any time without prior notice or liability of any kind, to the fullest extent permitted by law.
14. Loyalty Rewards is void where taxed, restricted or prohibited by law.
CouponNetwork Official Program Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM.
CATALINA MARKETING COMPANY, THE OWNER OF COUPONNETWORK, RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW. YOU AGREE THAT YOU WILL REVIEW THESE OFFICIAL TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE OFFICIAL TERMS AND ANY MODIFICATIONS HEREOF.
To be eligible to participate in this CouponNetwork program (“Program”) you must have reached the age of majority in your state of residence, must be a legal resident of the United States and must reside within the area of a participating retail store (“Store”), which Stores will be listed on the Website (defined below). By participating in this Program, you agree to these Official Terms and Conditions and the decisions of the Store, and/or Catalina Marketing Corporation (“Administrator”) which are final and binding in all respects. Void where prohibited. Corporations or other entities are not eligible for the Program. If you do not agree to these Official Terms, do not register for the Program.
Should your contact information change, it is your sole responsibility to correct the information by visiting couponnetwork.com and sign in to update your information under “My Account”.
3. PROGRAM DETAILS AND RESTRICTIONS:
A. Offers: By participating in the Program, you will have the option to select and print from the Website various coupons or other offers for products in which we believe you may be interested. You may also have the opportunity to receive dollar-off coupons after purchase of specific qualifying products at participating Stores. The Website will include information about any restrictions for a particular coupon, such as (a) the quantity of units of the product (for example, cans, bottles or packages) required to be purchased to qualify for receipt of the coupon, if any (b) the amount of value that will be provided after making any required purchase, (c) the expiration date of the coupon, (d) the number of times you may claim or redeem each coupon, and (e) such other information as may deemed appropriate or necessary by us or the Store. Certain restrictions may apply to your ability to collect or redeem coupons. It is your responsibility to read and adhere to any and all terms applicable to use of coupons or other awards made available through the Program. No coupon copies, facsimiles or reproductions will be accepted. It must be presented to redeem the value of the coupon. Lost or stolen coupons printed at the checkout printer will not be honored or replaced. All coupons must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any coupons accumulated in connection therewith.
B. Coupon Limits and Limitations: Certain restrictions may apply for redemption of certain coupons, for example, coupons redeemable for discounts off of any product of your choice in a store may not be redeemable for alcohol, tobacco products, prescriptions, lottery tickets, and other items as may be prohibited by law. Notwithstanding anything to the contrary, however, any coupon limits (for example, the quantity of units of the product required to be purchased to qualify for any coupon for that product, the number of times you may redeem a particular offer, the number of to be awarded for the purchase, and/or the time during which the coupon will be available and the expiration date of the offer) may be changed, altered or modified at any time by the Store.
C. No Transfers/Changes/Cash or Credit: Participation in the Program, or in any element of the Program cannot be sold, bartered, traded, transferred, and/or redeemed for cash or credit. Coupons have no cash value and do not constitute property and do not entitle a participant a vested right or interest. Determination and payment of tax liability on coupons, including income tax, if any, are your sole responsibility.
D. Program Product Supplies: Supplies of the products required to be purchased in the Program, or items in connection with which coupons may be used, may not be available at all times in all participating Stores.
E. Irregular Coupons: Coupons are null and void and will be rejected if not obtained through legitimate channels, specifically, in accordance with these Terms and Conditions. If any part of any coupon is counterfeited, illegible, mutilated, or tampered with in any way, if it contains or reflects printing, typographical, mechanical or other errors or discrepancies, or if it comes from any other promotion, the coupon will be deemed void. The sole responsibility and liability for any irregular coupon is replacement with another coupon, while supplies last. Replacement shall be the sole and exclusive remedy under such circumstances.
F. Changes to Award Structure: The Program award structure is subject to modification or limitation at any time in Administrator’s sole discretion, including, without limitation, the right to establish additional means of obtaining coupons or other awards, the right to modify and delete any or all of the recognized means of obtaining coupons existing at any given time, the right to change the coupons available and their values and types, and the coupon redemption terms, and the right to exclude specific types of transactions from eligibility.
A. Liability Limitations:
The Store, Catalina Marketing Company, their respective parents, subsidiaries and affiliated companies, advertising and Program agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are not responsible for lost, late, misdirected, incomplete, postage due or non-delivered mail, text messages or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone (mobile or land line), store cash register, in-store computer or checkout printer, or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone (mobile or land line), or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or text messages, or computer hardware or software or program/programming, Website, telephone (mobile or land line), cash register, in-store computer or checkout printer malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture or transmission of registration, message or other information or the failure to capture, or loss of, any such or similar information. Persons who tamper with or abuse any aspect of this Program, as solely determined by the Store and/or Administrator, will be disqualified. Any use of robotic, automatic, macro, programmed, third party or like Program participation methods will void all such participation by such methods, and disqualify any participant using such methods. Releasees are not responsible for injury or damage to participants’ or to any other person’s computer or telephone (mobile or land line), related to or resulting from participating in this Program or downloading materials from or use of the Website or any Website. Should any portion of the Program be, in Store’s and/or Administrator’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of the Store and/or Administrator, corrupt or impair the administration, security, fairness or proper participation the right is reserved to suspend, modify or terminate the Program, or take such action as otherwise deemed fair and appropriate as solely determined by the Store and/or Administrator. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Website users, or any Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to or use of this Website or any Website. Releasees are not responsible for typographical or other errors in the Awards or administration of this Program, including, but not limited to, errors in advertising, text messages, email messages, and/or the Terms and Conditions. In case of dispute, the authorized holder of email account will be deemed the participant. The authorized holder of the email account will be that person to whom email account was issued. If the dispute cannot be resolved to the satisfaction of the Store and/or Catalina Marketing the persons in dispute will be disqualified.
RELEASEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, (B) ANY FAILURE OR DELAY BY RELEASEES IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY RELEASEES, EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If, despite the limitation above, any of the Releasees are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
B. Disclaimer of Warranties:
ADMINISTRATOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADMINISTRATOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. ADMINISTRATOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. ADMINISTRATOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
5. PRIVACY INFORMATION:
6. DISPUTE RESOLUTION/CHOICE OF LAW/ACTS BEYOND ADMINISTRATOR CONTROL:
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Florida State Court located in Tampa, Florida; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Releasees in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. The failure of Administrator to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of Administrator, shall not be deemed a breach of the Terms and Conditions.
7. CUSTOMER HELP:
For help at any time, please click here to contact us.
© 2013 Catalina Marketing Corporation. All rights reserved.