Updated October 15, 2013
ENROLLMENT AND CERTAIN TERMS
You acknowledge and agree that any information you provide to an Awards Provider or Participating Retailer is subject to that entity’s own privacy and data collection policies.
Additional policies and terms may apply to the specific portions of the Site and are not set forth herein (“Special Terms”). Please refer and review all additional Special Terms. If there is a conflict between this Agreement and the Special Terms, the latter shall have precedence with respect to your use of that area of the Site. All Special Terms are incorporated into this Agreement by reference and made a part of this Agreement as if set forth in its entirety herein.
You must be an individual, 18 years of age or older. If you are under 13 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 SavingStar. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
Registered Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Program. You may maintain only one Account. Any duplicate Accounts will be subject to cancellation.
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 SavingStar has a reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated this Agreement, SavingStar has the right to suspend or terminate your Account and refuse any or all current or future use of the Site (or any feature or portion thereof). Refusal to abide by this or any other rules may result in SavingStar closing your Account and canceling your participation in the Program.
Registered Users will be credited, subject to the terms and conditions enumerated in this Agreement, with Awards for Eligible Purchases made at Participating Retailers. The Awards associated with Eligible Purchases at each Participating Retailer will be posted on the Program website.
The determination of whether or not a purchase made through a Participating Retailer is an Eligible Purchase is at the sole discretion of SavingStar. All Awards earned by Registered Users are subject to review. Necessary adjustments may be applied to Accounts at any time by SavingStar at its sole discretion. If you do not agree to adjustments made to your Account, your only recourse will be to terminate your status as a Registered User and withdraw from the Program. SavingStar reserves the right to terminate any Account for abusive or fraudulent activity, or if the Registered User is no longer reachable at the e-mail address provided. In addition, if you attempt to use an Account to divert Awards attributable to another Registered User’s purchases (for example, use your Customer ID in connection with purchases by non-family members) or engage in other abusive or fraudulent behavior we reserve the right to recover any such losses directly from you.
The timing of the posting of Awards to your Account and the availability of Awards for redemption may vary. For example, under certain circumstances Awards may not be available for redemption for thirty days or more after they are posted in your Account. Please note that Participating Retailers regularly change policies and if a Participating Retailer fails to report a transaction to SavingStar, or an Award Provider withholds payment to SavingStar for any reason, SavingStar reserves the right to cancel the Award associated with that transaction. Awards to Registered Users are subject to adjustments for returns and other events. Such adjustments can be applied to Accounts at any time by SavingStar at its sole discretion. Should you disagree with any adjustments made to your Account, your sole remedy will be to terminate your status as a Registered User and withdraw from the Program.
SavingStar is not responsible for changes to, or discontinuance of, any Participating Retailer, or for any Participating Retailer’s withdrawal from the Program or for any effect on the grant of Awards caused by such changes, discontinuance, or withdrawal. SavingStar is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Participating Retailer. It is the Registered User’s responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Site, we cannot guarantee that you will be eligible to receive an Award.
You may be taxed on your Awards, depending on the amount of Awards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your receipt or redemption of Awards.
Unless otherwise specified, you have no right to a withdrawal of your Awards until you have accumulated the minimum withdrawal threshold of $5.00, and until such time all Awards in the Account shall remain the property of SavingStar, unless and until otherwise distributed in accordance with the terms of this Agreement. If Awards in your Account equal or exceed the minimum withdrawal amount of five dollars ($5.00), you may request a withdrawal of any or all of the Awards, so long as the withdrawal amount is at least $5. If you choose to close your Account and the Awards in your Account equal or exceed the minimum withdrawal amount of $5.00, SavingStar will distribute the Awards to you in accordance with withdrawal procedures established from time to time and set forth on the Program website or otherwise disclosed to you. If the Awards in your Account are less than the minimum withdrawal amount of $5.00 when your Account is closed or terminated, you will not have any rights to the Awards in your Account.
INACTIVE ACCOUNT FEE
SavingStar does not charge a fee to join. However, it is your responsibility to keep your SavingStar Account active. If your SavingStar Account becomes Inactive, SavingStar will deduct a monthly Inactivity Fee of $1.99 from any Awards received in your SavingStar Account. Your SavingStar Account will be considered “Inactive” if, for a period of twelve (12) consecutive months you have not activated an offer, received an Award, or withdrawn Awards from your SavingStar Account. In the event that your SavingStar Account will soon be deemed Inactive, SavingStar will attempt to notify you at your registered email address before it begins to deduct Inactivity Fees from the Awards in your SavingStar Account. If your SavingStar Account is Inactive, you may automatically reactivate it by activating an offer or withdrawing Awards.
If your state’s law prohibits SavingStar from charging an Inactivity Fee of $1.99, SavingStar may deduct an Inactivity Fee equal to the maximum permitted by the laws of your state. SavingStar will continue to deduct the monthly Inactivity Fee from SavingStar Awards received in your SavingStar Account until the earliest of: (i) your SavingStar Account ceases to be Inactive, (ii) there are no more Awards in your SavingStar Account, or (iii) your SavingStar Account is closed.
Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. If your SavingStar Account has not had any activity, as defined by your state of residence according to our records, for a certain period of time (generally three to five years), the Program may be required by law to remit Awards in your SavingStar Account to the state of your last known address. Similarly, if you have a check issued by the Program that has not been cashed after a certain period of time (also generally three to five years), the Program may be required by law to remit the amount of the uncashed check to the state of your last known address. If we remit funds to your state of residence as required by law, you will need to contact the state directly to obtain the funds.
USE OF THE SITE
Access to and use of password protected or secure areas of the Site is restricted to Registered Users only. You agree that you will not share your password(s), Account information, or access to the Site with third parties other than SavingStar. You are responsible for maintaining the confidentiality of your password and Account information, and you are responsible for all activities that occur using your password or Account and/or as a result of your use or access to the Site. To help protect the confidentiality of your password and Account information, you agree to logout of your Account whenever you are using a public computer. You agree to notify SavingStar immediately of any unauthorized use of your password or Account. You agree that SavingStar 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 SavingStar 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 SavingStar networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any SavingStar networks or systems, or to interfere or attempt to interfere with any SavingStar 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 SavingStar networks or systems. Refusal to abide by this or any other rules may result in SavingStar canceling your participation in the Program.
USE OF SOFTWARE
Your use of Software provided from time to time on the Site, or through a mobile application, is subject to this Agreement 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 solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software 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.
SavingStar may promote or offer contests, sweepstakes, similar promotional offers or surveys that may be co-sponsored by SavingStar and one or more other companies, or may be sponsored by companies other than SavingStar. You authorize SavingStar to share some or all of the Personal Information collected through these offers or surveys with the sponsor(s) or other companies indicated on the entry form, in the governing rules, or on the survey, as applicable.
We engage other companies and individuals to perform certain services and functions on our behalf. For example, we may engage third parties to send email or postal mail, analyze data, provide marketing services, process applications, provide search results and links (including paid listings and links), or provide customer service. We contractually obligate these service providers to access and use the Personal Information we make available to them only as needed to perform services for us and for no other purposes. By participating in the Program, you authorize SavingStar to share your Personal Information with such third party service providers for the purposes set forth in this paragraph. You also authorize SavingStar to disclose Personal Information with nonaffiliated third parties as permitted by law.
THIRD PARTY CONTENT
Certain Content from third parties may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such Content from sources believed by them to be reliable. SavingStar makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party Content. Likewise, SavingStar does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of service prior to using such sites. You agree that SavingStar is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.
MESSAGE BOARDS, BLOGS, AND SHARING
SavingStar may, now or in the future, allow users to post, upload, transmit through, or otherwise make publicly available on the Site (collectively, “submit”) messages, receipts, recipes, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). SavingStar is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. SavingStar does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will SavingStar be liable for any loss or damage caused by reliance on the Site, User Content, or information or materials obtained through User Content.
You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express written permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that could give rise to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
User Content, including any personally identifiable information (including a name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. SavingStar has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information publicly available on the Site you do so at your own risk.
By submitting User Content, you automatically grant SavingStar a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to, immediately and/or in the future, use, record, sell, lease, reproduce, distribute, create derivative works, and to publicly display, perform, transmit, publish, and otherwise exploit the User Content, in whole or part as SavingStar deems appropriate including, but not limited to, in connection with SavingStar’s, or any of its subsidiaries’ or affiliates’ business.
SavingStar has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue your ability to submit User Content in our sole discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site, including User Content.
All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of SavingStar and/or its licensors and is protected by United States and international copyright, trademark, and other laws. You may not use or frame any SavingStar 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 SavingStar’s express prior written consent. Except as stated in this Agreement, 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 SavingStar or the respective owner. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use SavingStar’s name, logo or other trademarks for any purpose without the express prior written consent of SavingStar.
TERMINATION OF PARTICIPATION IN THE PROGRAM
Your participation in the Program is subject to the terms of this Agreement. Any failure to comply with this Agreement, any fraud or abuse relating to the receipt or redemption of Awards, or any misrepresentation of any information furnished to SavingStar or any of its affiliates or agents by you, or anyone acting on your behalf, may result in the termination of your Participation in the Program, the cancellation of your Account, and/or forfeiture of your Awards.
It is your responsibility to check your Account regularly to ensure that Awards have been properly credited and that your Account balance is accurate. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Awards must be submitted in writing within one hundred twenty (120) days of the qualifying transaction, to SavingStar at: Customer Service, 400 Totten Pond Rd., Waltham, MA 02451. Any such disputes shall be resolved by SavingStar in its sole discretion. All interpretations of the terms of this Agreement shall be at the sole discretion of SavingStar. In the event that an error is made by SavingStar, your sole remedy shall be the credit of the disputed Awards to your Account and/or to terminate your account.
DISCLAIMERS AND INDEMNITY
There may be delays, omissions, or inaccuracies in information contained in this Site. By using the Site and/or submitting User Content, you agree to indemnify SavingStar, its officers, directors, employees, successors, agents, and any subsidiaries or affiliates for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in SavingStar’s defense and/or settlement of any claim. SavingStar reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
SAVINGSTAR’S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. SAVINGSTAR DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, SAVINGSTAR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, GROCERY, DRUG OR OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED BY AWARD PROVIDERS OR PARTICIPATING RETAILERS IN CONJUNCTION WITH THE PROGRAM.
THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAVINGSTAR MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusions of implied warranties, the aforementioned exclusions may not apply to you.
EXCLUSION OF DAMAGES
NEITHER SAVINGSTAR, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF SAVINGSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SAVINGSTAR’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF AWARDS IN YOUR ACCOUNT AT THE TIME THE CLAIM ARISES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to SavingStar’s Designated Agent listed below. For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Site;
Information reasonably sufficient to permit SavingStar to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
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; and
A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
SavingStar’s Designated Agent is: SavingStar, Inc.
Michael Libenson, President
400 Totten Pond Road, Suite 300
Waltham, MA 02451
Tel: 800.618.3893 ext. 503
The SavingStar Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site. All other inquires to the SavingStar Designated Agent will not be answered.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules. As a condition of the use of the Program Site, you, the Registered User, agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City of Boston, Commonwealth of Massachusetts, and therefore agree to file any grievance or suit of any kind exclusively in the federal and state courts located within the City of Boston, Commonwealth of Massachusetts. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. SavingStar’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between SavingStar and any Awards Provider or Participating Retailer. No Awards Provider, Participating Retailer, or other third party shall have the ability to create any obligation on SavingStar’s behalf. This Agreement constitutes the entire agreement between you and SavingStar with respect to the Program. This Agreement and any Special Terms 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. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
An “Account” is an account you establish with the Program.
“Awards” are the discounts, cash rebates or other cash awards, points, miles and/or other awards that Award Providers offer you as a Registered User of a Rewards Program.
An “Award Provider” is a company or other entity that offers you an award if you make an Eligible Purchase of the entity’s products or services through the Program. Award Providers can be consumer packaged goods manufacturers, grocery stores, drug stores, online retailers, or other entities.
“Content” includes web pages, data, text, images, photographs, recipes, graphics, audio, video, and documents including, without limitation, offers and SavingStar advertisements, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.savingstar.com and any other domains associated with SavingStar..
A Cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
“Eligible Purchase” means a purchase by a Registered User of a product(s) for which an Award Provider or Participating Retailer is providing Awards, provided, that, the Registered User has satisfied all requirements for purchase as set forth on the Site.
“Inactivity Fee” is a monthly fee that is charged if your Account in the Program is inactive. Your membership will be considered “Inactive” if, for a period of twelve (12) consecutive months you have not activated an offer, redeemed an offer, or withdrawn Awards from your Account.
“Participating Retailers” are retailers and other entities that sell products and services for which Award Providers offer Awards. Participating Retailers agree to provide or make available to us certain purchase information so that we may track Awards. A Participating Retailer can also be an Award Provider.
“Personal Information” is information that personally identifies you to the person or entity that is in possession of such information.
A “Registered User” is an individual or entity that registers to participate in the Rewards Program to earn Awards.
“Customer ID” shall mean a frequency card, loyalty card, phone number, key tag, credit card, charge card, debit card, or check cashing card or other identifier that is registered with the Rewards Program for purposes of tracking Eligible Purchases.
The “Site” includes without limitation: (a) all websites, co-branded microsites, services, or applications owned or provided by SavingStar, and all services offered on or through www.savingstar.com and any other domains associated with SavingStar; (b) all Software offerings and applications owned or provided from time to time by SavingStar and/or available on or through www.savingstar.com or any other domains associated with SavingStar; and (c) web pages, data, text, images, photographs, recipes, graphics, audio, video, and documents including, without limitation, offers and SavingStar advertisements, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.savingstar.com and any other domains associated with SavingStar.