Terms and Conditions
Welcome to the online and offline transaction service operated by AloCM Digital Inc. (formerly known as AloCoupons.com Incorporated) (the “Service”) and accessible from our websites and mobile applications (collectively, the “Site”). By visiting the Site or using the Service you agree to comply with and be bound by the following Terms of Service and any documents referenced herein.
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM AloCM OR OTHERWISE USE THE SITE OR THE SERVICE. FAILURE TO USE THE SITE OR SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW.
1. Introduction. You agree to the terms and conditions outlined in these Terms of Service and any documents referenced herein (collectively the “Agreement”) with respect to the Site and the Service. This Agreement constitutes the entire and only agreement between AloCM Digital Inc. (“AloCM” or “us”) and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Service, Rewards provided by or through the Site or the Service, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of these Terms of Service will be made available under the Card Linked Offers “Terms of Service” link on the Site, and you should review these Terms of Service prior to each visit to the Site or use of the Service.
2. Requirements to Use the Service:
2.1 When using the Service you represent that you are of sufficient age to form legally binding contracts. Our Service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13.
2.2 There is a restriction of one AloCM account per person. AloCM reserves the right to terminate duplicate accounts, resulting in the potential loss of the Reward(s) obtained by or through the Service.
2.3 We require you to provide accurate information when registering for or interacting with the Service. It is your responsibility to ensure that your contact information is correct in your AloCM account. Failure to do so may result in you not receiving a Reward. Persons found to have fraudulent, misrepresented, or otherwise untruthful information contained in a AloCM account may have that account terminated and may not be entitled to use the Service in the future.
2.5 AloCM does not warrant, guarantee, or offer any support for the Reward(s) obtained from or through the Service. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Reward manufacturer, licensor or supplier without our express prior written consent. For the purposes of this Agreement, “Reward” includes without limitation tangible goods, software, games, electronic books, virtual currency, virtual goods, statement credits, gift cards, services, information, content, rewards, and other items offered or received through the Service.
2.6 Violation of this Agreement may result in the termination of your AloCM account, and any Reward(s) obtained by means of the Service may be revoked.
3.1 When you register for the Service, you will be required to complete the applicable registration form to register your eligible Card and provide us with certain information (such as your email). A “Card” means an eligible payment card, as described below. A “Registered Card” means an eligible Card which has been registered with AloCM for a Card Linked Offer. You can activate a Card Linked Offer by accepting the terms associated with such Card Linked Offer and adding the offer. Only legal residents of the 50 United States (including the District of Columbia) are eligible for a Card Linked Offer. You agree to provide true, accurate and complete information about your eligible Card. You are responsible for registering a new Card with us if your Registered Card is no longer valid or if your Registered Card is lost, stolen or you receive a replacement card. You must be the cardholder or an authorized user of the Registered Card. You acknowledge and agree that AloCM, Third Party Service Providers and the Payment Services Provider will not have any liability associated with or arising from your participation in a Card Linked Offer, your failure to provide accurate registration information, or your failure to receive credit for a Qualifying Purchase or updates about the Card Linked Offer program. If AloCM, a Third Party Service Provider or the Payment Services Provider has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your registration in a Card Linked Offer may be suspended or terminated.
3.2 Not all payment cards are eligible for Card Linked Offers and not all transactions with your Registered Card can be monitored by the applicable Payment Services Provider. For example, transactions made with Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible for Card Linked Offers, and not all Merchant locations may monitored by the Payment Services Provider.
3.3 You are eligible to earn Rewards when you use a Registered Card to make a Qualified Purchase. A “Qualifying Purchase” is a purchase from the participating Merchant using a Registered Card that satisfies the terms associated with a Card Linked Offer and this Agreement. We reserve the right to determine whether any given transaction is a Qualifying Purchase. Your Qualifying Purchase(s) will be monitored by the applicable Card issuer, payment network or platform, or a third party authorized by the Card issuer or payment network or platform (“Payment Services Provider”). AloCM or the Offer Partner will notify the applicable Payment Services Provider when you have activated a Card Linked Offer and you hereby authorize AloCM and Offer Partners to provide such notifications to the Payment Services Provider. The Payment Services Provider provide AloCM and Offer Partners with your transactions when their systems detect a transaction that may be a Qualifying Purchase. If the Reward associated with a Card Linked Offer is a statement credit, the Payment Services Provider may also initiate statement credits as requested by AloCM or an Offer Partner. By activating a Card Linked Offer, you agree that the Payment Services Provider can monitor your Registered Card transactions to identify Qualifying Purchases to apply towards your completion of a Card Linked Offer and to initiate statement credits requested by AloCM and Offer Partners, and you consent to the Payment Services Provider providing such Qualifying Purchase information to AloCM, the applicable Merchant and the applicable Offer Partner and processing such statement credits. Statement credits will not appear or be reflected on Your transaction receipt from the Merchant at the time of purchase and will instead be reflected in Your periodic payment card statement. AloCM or Offer Partners will notify you of a statement credit as part of the Service.
3.4 Do not use a Personal Identification Number (PIN) when paying for your purchases with your Registered Card if you want the transaction to be applied towards your Card Linked Offer completion.
3.5 Special Notes for Visa Cardholders. By registering your Visa card for a Card Linked Offer, you agree that Visa may perform the functions of the Payment Services Provider specified in these terms. Not all Visa cards are eligible for registration in connection with Card Linked Offers and not all transactions with your registered Visa card are tracked by Visa. Without limitation, Visa Corporate cards, Visa Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT Visa cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) Visa cards) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate. Only transactions that are made with a registered Visa payment card that are processed or submitted through Visa U.S.A. Inc.’s transaction-processing system will be monitored for purposes of the Card Linked Offer program or are eligible to be Qualifying Purchases. You acknowledge that Visa may be unable to monitor every transaction made with your enrolled Visa card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Registered Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system. If your registered Visa card is lost, stolen, or damaged, please call your card issuer to request a replacement card. If recognized by Visa, unauthorized purchases using a lost or stolen Visa card or card number will not be considered Qualifying Purchases. Please note that transactions cannot be aggregated across or transferred to a replacement card or if the issuer changes the card account number of the originally registered Visa card. Visa reserves the right to terminate statement credit processing at any time in its sole discretion, with or without notice, and shall not be liable for any outstanding statement credit processing requests at that time. In no event shall Visa’s role as a Payment Service Provider constitute or be considered as issuing or maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for You for distribution to You. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process, and not Your funds or balances maintained or held by Visa.
3.6 Special Notes for MasterCard Cardholders. By registering your MasterCard card for a Card Linked Offer you agree that MasterCard may perform the functions of the Payment Services Provider specified in these terms. When MasterCard is serving as the Payment Services Provider any transaction detail provided by MasterCard to Coupons will not be used for the purposes set forth in Section 3.7.3 below.
3.7.1 AloCM and Offer Partners will use your transaction data to confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for a Card Linked Offer provided by AloCM or the Offer Partner.
3.7.2 AloCM and Offer Partners may provide a sponsoring Merchant with limited data about your transaction, such as the last 4 digits of your primary account number and the date and amount of your transaction as needed to confirm a specific transaction, as in case of a missing or disputed transaction.
3.7.3 AloCM and Offer Partners may use your transaction data to limit the number of Card Linked Offer from a sponsoring Merchant that are presented to you, or to identify new Card Linked Offers that you may be interested in, based on past transactions with that merchant.
3.7.4 AloCM and Offer Partners may use your transaction data to generate records of the Card Linked Offers you have completed (an “Offer Completion Record”) and thereafter maintain and use Offer Completion Records in connection with operating the Card Linked Offer program.
3.7.5 AloCM and Offer Partners may provide participating Merchants and Third Party Service Providers aggregated and anonymized information relating specifically to Card Linked Offer activity solely to allow our participating Merchants to assess the results of their campaign and our applicable Third Party Service Providers to assess the results of their performance, provide Rewards (if applicable), and meet payment obligations relative to the Card Linked Offer.
3.7.6 AloCM, Third Party Service Providers and/or the Payment Services Provider may provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or an Merchant.
3.7.7 AloCM may provide your contact information to those third parties whom you express interest in receiving additional information from, such as when you activate a Card Linked Offer.
3.8 We or our Third Party Service Providers will communicate with you in connection with your participation in the Card Linked Offers program. For example, AloCM will notify you by email or text message depending on your preferences when you have successfully activated a Card Linked Offer and may notify you when a Card Linked Offer is completed or about to expire. You consent to any such communications.
3.9 By activating a Card Linked Offer, you agree to the terms, restrictions, and conditions associated with such Card Linked Offer. We reserve the right to terminate a Card Link Offer or the Card Linked Offer program, or change the type of Reward associated with a Card Linked Offer at any time. You agree that neither AloCM nor any Third Party Service Provider nor any Payment Services Provider shall be liable to you or to any third party for any suspension, modification or termination of the Card Linked Offer program. We also reserve the right to require that you provide a receipt of your purchase from the Merchant for any Qualifying Purchase in order to receive your Reward for completing the Card Linked Offer. Receipts submitted more than forty-five (45) days after the Card Linked Offer was completed will not be considered. We may choose to retain records of completed transactions, acknowledgements, acceptances and other contract and transaction records. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and documents contained or referenced in this Agreement for your own records.
3.10 You agree to comply with any and all applicable tax laws applying to you, including the reporting and payment of any taxes arising in connection with the Card Linked Offers or Rewards, and that the reporting and payment of any such applicable taxes are your responsibility.
3.11 Unless otherwise stated in the Card Linked Offer terms or required by law, there is no cash value for any Reward associated with a Card Linked Offer. Neither AloCM nor any Third Party Service Provider nor any Payment Services Providers endorse or sponsor, or are responsible for: (a) the offers, goods or services displayed, purchased or paid for in connection with a Card Linked Offer; (b) honoring or fulfilling the offers provided to you through a Card Linked Offer; or (c) the Merchants whose offers, Rewards, or services are promoted in connection with a Card Linked Offer.
3.12 You may not complete a Card Linked Offer with the intent to immediately cancel or return the Reward from the Merchant. A “quick cancellation” is considered to be fraudulent and may void your transaction. AloCM may, at its discretion, suspend or revoke your right to use the Service, terminate your AloCM account, and/or report your activity to the Merchant, Offer Partner, and/or website or service that has referred you to AloCM, who each may terminate your account or take other punitive action if you are found to have engaged in such activity.
4. Copyright Ownership.The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and Service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights). The copying, redistribution, use or publication by you of any such matters or any part of the Site or Service, except as allowed under “Limited Right to Use” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Service. The posting of information or materials on the Site or Service does not constitute a waiver of any right in such information and materials.
5. Limited Right to Use.The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site or Service grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
6. Trademark Information.The alocoupons.com and Coupons.com logo are trademarks of AloCMs and its subsidiaries. All other trademarks appearing on the Site or Service are the property of their respective owners.
7. Copyright Infringement.If you believe that, either on the Site or through the Service, your work has been copied in a way that constitutes copyright infringement please provide AloCM’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AloCM that your copyrighted material has been infringed.
7.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
7.2 A description of the copyrighted work that you claim has been infringed upon;
7.3 A description of where the material that you claim is infringing is located on the Site or Service;
7.4 Your address, telephone number, and e-mail address;
7.5 A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7.6 A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AloCM’s Copyright Agent for notice of claims of copyright infringement on its Service or the Site can be reached as follows:
AloCM Digital Inc.
e-mail: [email protected]
8. Other Intellectual Property Claims.If you believe that any of your intellectual property rights other than copyright (including but not limited to trademark, trade secrets or rights of publicity) have been infringed on this Site or through the Service please contact us at [email protected]
9. Editing, Deleting and Modification.We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site or available through the Service.
10. Indemnification.You agree to indemnify, defend and hold AloCM, , Offer Partners, Merchants, Payment Service Providers, Third Party Service Providers and their respective directors, officers, shareholders, employees, agents, attorneys, and affiliates (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or Service, any Reward obtained or Card Linked Offer completed by means of the Site or Service, or any violation of this Agreement.
11. Nontransferable.Your right to use the Site and the Service is not transferable. Any password or right given to you to obtain information or a Reward from the Site or the Service is not transferable.
12. WARRANTY DISCLAIMER.THE REWARDS AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COUPONS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY REWARDS AVAILABLE FROM OR THROUGH THE SERVICE, THE SITE, OR THE SITE ITSELF, WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ARE NONINFRINGING, (B) THAT ANY REWARDS, AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE REWARDS. ALL REWARDS PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER.
13. LIMITATION OF LIABILITY. AloCM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY REWARD AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, REWARD LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE TOTAL LIABILITY OF COUPONS AND OUR AFFILIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), REWARD LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE PROGRAM FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE LESSER OF THE REDEMPTION VALUE OF THE CARD LINKED OFFER GIVING RISE TO THE CLAIM, IF APPLICABLE, OR TEN DOLLARS ($10.00 U.S.). THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, AND EACH OF THE SITE AND SERVICE RESPECTIVELY, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. Links to Other Websites.The Site and Service may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites, and we do not investigate, monitor or check the same. The inclusion of a link on the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site or Service and access any third-party websites, you do so at your own risk.
15. Visitor Communications. Except where expressly provided otherwise by us, all comments, feedback, information, ideas or materials that you submit through or in association with the Site or the Service shall be considered non-confidential. By submitting such comments, feedback, information, ideas, or materials to us: (i) You represent and warrant that AloCM’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights; (ii) You represent and warrant that you have all rights to enter into this Agreement; (iii) You understand and agree that AloCM is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) You grant AloCM all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by AloCM to anyone whatsoever. You acknowledge that you are responsible for and bear all risk as to the use or distribution of any comments, feedback, information ideas, or materials. AloCM expressly prohibits the scraping of email addresses from any AloCM website (including all areas of this Site – member and non-member) and expressly opts out of receiving commercial electronic mail messages to AloCM domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software. Visitors to the Site and users of the Service shall not tamper, hack, spoof, copy, or otherwise defraud the Site or Service. You agree that you shall not use any robot, spider, scraper or other automated means to access the Service or the Site for any purpose without our express permission.
16. Miscellaneous. The Site and Service can be accessed from different locations around the world and may contain references to Rewards or AloCM services and programs that have not been announced or made available where you are located. These references do not imply that AloCM intends to announce or make available such Rewards, services or programs where you are located. Any cause of action by you with respect to the Service or Site (and/or any Rewards, information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “Warranty Disclaimer” and “Limitation of Liability” above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
17. Disputes.In the event of a dispute we encourage you first to contact AloCM to resolve your problem directly with us. You may contact AloCM regarding any complaints or disputes at this form.