Terms of Service
Full Terms of Service
Last updated on December 15, 2016.
These Checkout 51 terms of service (the "Agreement" or the "Terms") are a legal agreement between you ("you," "your") and News America Marketing Digital, LLC, a Delaware limited liability company ("Checkout 51," "we", "our" or "us").
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAUSE. PLEASE REFER TO SECTION 19 OF THESE TERMS. The foregoing is not applicable in Quebec.
Checkout 51 may provide services including but not limited to the Checkout 51 Cash Back Credits Program (the "Program") (as more fully described below) and the Print-at-Home coupon service (“PAH”) (as more fully described in Section 6 below), via our websites and mobile applications (collectively, the "Services") to you subject to these Terms. Please read these Terms carefully before using the Services. By accessing or using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Services. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else. You must be the age of majority in your jurisdiction to use our Services. You may not use the Services if you have been previously suspended, removed or deactivated from using the Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Checkout 51 or its affiliates for products, services or otherwise. Also, these Terms are in addition to the end user license agreements for any website or mobile application we provide.
Checkout 51 reserves the right to change or modify any of the terms and conditions contained in these Terms, the Program, PAH, or any policy or guideline relating to the Services (including, without limitation, the Privacy Notice (as defined below)) at any time and in its sole discretion, including terminating the Program which may result in expiration of any value accumulated as cash back credits (“Cash Back Credits”) subject to the conditions set forth below in Section 3. If we do so, we may notify you via the email address you provide in your Registration Data (as defined below), by posting in our websites or mobile applications, or by posting updated terms here. If you do not agree with the changes or modifications, you may cancel your account with us without further obligation, and your Cash Back Credits balance (subject to the Minimum Distribution Amount (defined below) of Cash Back Credits value and deduction of any inactive account management charges described below) will be exchanged for a check or via approved third party electronic payment method for the balance amount and will be sent or credited to you as described below. Unless otherwise specified, and subject to applicable law, any changes or modifications will be effective immediately upon posting of the revisions through the Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.
Without limiting the generality of the foregoing, you should from time to time review the Terms and any policies, guidelines and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the 'last updated' date at the top. If you do not agree to any amended Terms, you must immediately stop using the Services. If you have any questions about the Terms, please submit a support request.
References to a currency or an amount of money in these Terms mean the currency of the country in which you are resident, according to your Registration Data. If your address changes to a different country, the currency of that new address will apply to Checkout 51 Offers (as defined below) claimed and verified after the date of the change, and to all inactive account management charges applied after that date.
1. Privacy Notice
Please refer to Checkout 51's privacy notice (the "Privacy Notice") for information on how Checkout 51 collects, uses and discloses personally identifiable information from its members. By agreeing to these Terms or using the Services, you agree to our collection, use and disclosure of your personally identifiable information in accordance with the Privacy Notice. The Privacy Notice can be found here: www.checkout51.com/privacy
2. Cash Back Credits Program
As part of the Program, Checkout 51 lets members accumulate Cash Back Credits by buying certain products with an associated Cash Back Credits value (a "Checkout 51 Offer"). We have created mobile applications and websites that let our members upload or email photos of their receipts so we can validate their purchase of products associated with a Checkout 51 Offer and begin to accumulate Cash Back Credits. We may also validate our members’ purchase of products associated with a Checkout 51 Offer through retailer or other partner-provided transaction log data or receipt data using a unique identifier (such as a loyalty card number, phone number, etc.) to match a Checkout 51 member to a transaction. Each Checkout 51 Offer describes the associated products and certain restrictions or limitations that apply to the Checkout 51 Offer. Checkout 51 Offers are also subject to these Terms and the guidelines found at http://www.checkout51.com/help, which Checkout 51 reserves the right to change at any time and at its discretion.
You become eligible to exchange Cash Back Credits for an equal amount of money once your Cash Back Credits balance is equal to or greater than the minimum distribution amount posted here on the date you request a distribution. CO51 reserves the right to change such minimum distribution amount at any time in its sole discretion up to a maximum of $20 (“Minimum Distribution Amount”). Note that your Cash Back Credits balance must be at least equal to the Minimum Distribution Amount each time before you are able to request an exchange and distribution. You may also accumulate Cash Back Credits in an amount greater than the Minimum Distribution Amount which will be held in your Cash Back Credits balance. See Section 3 for how to request your Cash Back Reward (as defined below).
You will only be able to view and redeem Checkout 51 Offers available for the country specified in your Registration Data and which remain valid pursuant to the Offer terms. You may update your country by submitting a support request.
3. Cash Back Credits
When you upload or email a receipt to Checkout 51 or when we match your receipt using retailer or other partner-provided transaction log data or receipt data via unique identifier, and we verify that you have purchased a product with an associated Checkout 51 Offer during the time the Checkout 51 Offer is valid and in accordance with the Offer terms (each a “Claimed Offer”), you will accumulate the Cash Back Credits value described in the Checkout 51 Offer (in our applications and on our websites, we refer to this as accumulating "Cash Back"). When your Cash Back Credits balance reaches the Minimum Distribution Amount, you may request (a "Distribution Request"), as described in the next section “Payment,” that your Cash Back Credits balance be redeemed for an equal amount of money (a "Cash Back Reward"). You may elect to receive your Cash Back Reward either by check or via an approved third party electronic payment method such as PayPal, in accordance with the payment terms described below, or you can leave your Cash Back Credits balance to continue accumulating. If you do not make a Distribution Request, we are under no obligation to send you a Cash Back Reward as part of the Program. You are responsible for redeeming Cash Back Credits. There is no automatic redemption or periodic distribution of Cash Back Rewards. Cash Back Credits balances have no cash, monetary or other value prior to being accumulated in full (reaching the Minimum Distribution Amount) and redeemed pursuant to a valid Distribution Request made in accordance with these Terms. No interest is paid on Cash Back Credits balances. Members have no property rights or other legal interest in the Cash Back Credits for any purpose. All Cash Back Credits remain the sole property of Checkout 51 until distributed per the terms of this Agreement. Your Cash Back Credits balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Cash Back Credits of any other member in the Program.
Your Cash Back Credits balance reflects the value of Cash Back Credits for Claimed Offers within the country you have specified. In other words, if you switch your specified country your account will reflect balances only for the Claimed Offers that are available for the specified country. You cannot combine Cash Back Credits balances from different countries.
Cash Back Credits that have expired (see below) are no longer redeemable.
When you make a Distribution Request, you must elect within the mobile application or the website to receive your Cash Back Reward either via a check or via an approved third party electronic payment method, such as PayPal. If you elect to receive a check, we send your Cash Back Reward in the format of a physical check, which is sent via regular mail from one of our offices or through a payment intermediary. Checks can be mailed only to the country associated with Checkout 51 Offers that you have satisfied. From time to time we may change payment methods. We mail your checks to the address in your Registration Data (as defined below). If you elect to receive your Cash Back Reward via PayPal, you authorize us to instruct PayPal to deposit the amount of your Cash Back Reward into your PayPal account. Our determination of whether a Checkout 51 Offer has been purchased by you and properly submitted in accordance with these Terms shall be the definitive determination, and shall be final and not subject to appeal. Once a Distribution Request is approved and payment is authorized by us, your Cash Back Credits balance shall be reduced by the amount of authorized payment. If you return any Products for which you accumulated Cash Back Credits, we reserve the right to deduct from your Cash Back Credits the value of the Offer related to such returned Products and/or terminate your account. Photos or scans taken through the app, or which are emailed to Checkout 51, must be of the original paper receipt issued by a retailer, which cannot have been altered in any way and must be the receipt from a purchase that you paid for personally. For online orders, you must upload or email a photo of an itemized packing slip to verify that you have completed the purchase and received the items purchased. We have no responsibility and assume no liability for any loss or delay of any Cash Back Reward once we either mail a check to you or instruct PayPal or another approved third party electronic payment provider to deposit the amount of your Cash Back Reward in your account. We assume no liability and you are solely responsible for your account with PayPal or any other approved third party electronic payment provider. Should we receive from PayPal or any other approved third party electronic payment provider any funds that are part of a Cash Back Reward that was not distributed by PayPal or any other approved third party electronic payment provider, we will credit such amounts to your account. Should PayPal or any other third party electronic payment provider overpay your Cash Back Reward, you authorize us to instruct PayPal or such other approved third party electronic payment provider to deduct from your PayPal or other approved third party electronic payment provider account the amount of such overpayment. We will not send checks to P.O. boxes, and we are not responsible for lost or stolen checks.
If we cease providing the Program, we will notify you at the email address you provide in your Registration Data and we shall provide you with 30 days to make a Distribution Request (subject to our Minimum Distribution Amount of Cash Back Credits balance requirement described above). If you do not make a Distribution Request within such 30 day period, your entire Cash Back Credits balance expires. If you ever cancel your account, it will be your responsibility to make a Distribution Request (subject to our Minimum Distribution Amount of Cash Back Credits balance requirement described above) before cancelling. If you do not make a Distribution Request before canceling your account, any Cash Back Credits balance in your account expires upon such cancellation.
If we determine in our sole discretion that you have violated the Terms, we may in our sole discretion and as permitted by law, terminate your account and any pending, current, or future Cash Back Credits balance you may have immediately expires. We will notify you of such termination at the email address you provide in your Registration Data, and such termination shall be effective immediately.
You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Cash Back Rewards and any exchanges and distributions. We may ask you for a valid tax identification number for reporting purposes. Tax forms, such as an IRS Form 1099, may be issued in your name for the actual value of checks that we send you.
To Receive Payment You Must Maintain a Current Address in your Registration Data
If we do not have a mailing address for you, we have the right to notify you by email to require you to provide a mailing address within 30 days of the email notice and if you do not provide a mailing address by that time, your Cash Back Credits balance will expire.
If you make a Distribution Request via check and the Cash Back Rewards check expires before you cash it, the value of the Cash Back Rewards check will be added back to your Cash Back Credits balance, less a $10 check replacement fee, except in Quebec where the replacement fee will be a reasonable fee. Any Cash Back Credits so added back to your Cash Back Credits balance is subject to the inactive account management charge described below and any future Distribution Requests will be subject to our Minimum Distribution Amount of Cash Back Credits balance requirement described above.
Inactive Account Management Charge
If at any time your account becomes inactive, we may apply an inactive account management charge of $2 worth of Cash Back Credits per month, except in Quebec where the charge will be a reasonable charge, up to a maximum of the total amount of your Cash Back Credits balance from time to time during that period in which your account is inactive. Your account will be considered "inactive" if there are no Claimed Offers during any twelve (12) month period. We may apply that charge on the first day of the month following the date your account becomes inactive. (For example, if your account becomes inactive on April 15th, we may apply the charge on May 1st.) If you claim a Checkout 51 Offer after your account becomes inactive, we will stop applying that charge until any later time when your account becomes inactive. We will give you at least three months' notice prior to your account becoming inactive by email to the address in your Registration Data.
4. Mobile Services
Checkout 51 offers mobile applications as a fast and easy way for our members to use the Services (the “Mobile Services”). If you download and access the Services through the Checkout 51 apps, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device, in accordance with our Privacy Notice and applicable law.
5. Referral Program
From time to time, Checkout 51 may introduce special bonuses or incentives for you to refer others to Checkout 51, using a personal referral code or URL, which shall be governed by the current Referral Program terms. You shall not be eligible to earn these bonuses if you invite other users who share the same mobile device, if you create multiple accounts in an effort to earn referral bonuses for inviting yourself, or if you do not otherwise comply with the Referral Program terms applicable to such program. Such actions violate these Terms and shall be grounds for Checkout 51 to terminate your account, rescind any referral bonuses, reverse or correct Cash Back Credits balances, or take other actions as appropriate. Where you cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, Checkout 51 reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Cash Back Credits credited, or take other remedial actions.
6. Print-at-Home Coupon Service (PAH)
If you print coupons using any of our print technologies through the Services, you agree not to interfere with or circumvent our technologies and you agree to comply with print limits and only print coupons for your own personal and non-commercial use. We reserve the right to suspend or disable your printing ability in the event of suspicious activity or violation of this Agreement or the terms associated with any Content or any other applicable terms and conditions.
7. Ownership and Copyright
Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Checkout 51 logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Checkout 51 or its licensors and are protected by Canadian, United States and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Checkout 51 or any third party without the prior written permission of Checkout 51 or such other party that may own such patent, trademark, copyright or other proprietary right(s).
Checkout 51, its logo and all other product or service names or slogans displayed on or communicated through the Services are registered and/or common law trademarks of Checkout 51 and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Checkout 51 or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Checkout 51 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Checkout 51. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Checkout 51.
9. Limited License to the Content
Checkout 51 grants you a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Checkout 51 is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Checkout 51, its affiliates and their respective directors, officers, employees and agents, against any liability to any person (including, without limitation, any damages, losses, costs and expenses) arising out of (i) your access to, use of or alleged use of Content or the Services, (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You may contact Checkout 51 at the address set out at the bottom of these Terms to request permission for uses of Content not included in the foregoing license.
The Services may contain links to third-party websites such as PayPal or other approved third party electronic payment service providers ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Checkout 51 does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Checkout 51 provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Checkout 51's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Checkout 51 accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Services. When you leave the Services, our terms and policies will no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
11. Advertisements and Promotions
Checkout 51 may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than Checkout 51, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Checkout 51 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
All Content, including without limitation, any descriptions and images of, and references to, third-party products or services available in connection with the Services, advice, recommendation or opinion, offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such Content is endorsed by us, nor is there any representation or warranty by us that the Content is reliable, accurate, timely, complete, effective, or safe for your use. All Content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, offer or promotion featured through the Services are subject to change at any time without notice. Checkout51 shall have no liability in the event a product or value of any coupon, offer or promotion is listed at an incorrect amount due to a typographical error, error in information received from our suppliers or other error. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Services, Content or products; to impose or enforce conditions on the use of any coupon, offer or other promotion; to bar any user from using the Services, Content or making a purchase(s); and/or to refuse to provide any user with any product, Content or Service or to limit the quantity of product(s), Content or Services available to him or her.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOUR USE OF CONTENT IS SUBJECT TO THIS AGREEMENT AND ANY THIRD PARTY TERMS AND CONDITIONS APPLICABLE TO SUCH CONTENT.
12. Registration Data and Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password and supervise use of your account; (c) maintain and promptly update the Registration Data, and any other information you provide to Checkout 51, and to keep it accurate, current and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Checkout 51; and (e) notify us immediately via the contact information provided below if you suspect a breach of security, including that your account may have been accessed or used without authorization. You are solely responsible for maintaining the security of your account and maintaining your preference settings. We mail checks to the address and send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current. You understand and agree that Checkout 51 shall have no responsibility for any incident arising out of or related to your account settings. We will assume that anyone using the Services or transacting through your account is you. You are solely responsible for any activity that occurs under your account.
13. Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CHECKOUT 51, THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHECKOUT 51 EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES OR THE CONTENT. CHECKOUT 51 DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES OR CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. CHECKOUT 51 DOES NOT GUARANTY THAT THE SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
THE PRODUCTS THAT YOU PURCHASE THAT ARE ASSOCIATED WITH CHECKOUT 51 OFFERS ARE NOT SOLD OR ENDORSED BY US, AND WE HAVE NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER FROM PURCHASING OR USING THEM.
CHECKOUT 51 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CHECKOUT 51 ATTEMPTS TO ENABLE YOUR ACCESS TO AND USE OF THE SERVICES, CHECKOUT 51 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES OR OTHER HARMFUL COMPONENTS FROM ANY DOWNLOAD.
YOUR CASH BACK CREDITS BALANCE UNDER THE PROGRAM IS SUBJECT TO AN INACTIVE ACCOUNT MANAGEMENT CHARGE, AS DESCRIBED IN SECTION 3 OF THESE TERMS.
Mistakes happen. Due to misprints or technical, mechanical or human error, we may, from time to time, have to terminate or correct an offer and debit, credit, or otherwise adjust your account accordingly. In addition, at any time and as permitted by law, we may review and, in our sole discretion, adjust, terminate, or reject your account, any offers that may be available to you via the Services, your Cash Back Credits balance, and any payments you have requested.
14. Limitations of Liability
YOU WAIVE, AND COVENANT NOT TO ASSERT, ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CHECKOUT 51, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES, THE CONTENT, THE OFFERS OR THE PURCHASE OR USE OF ANY PRODUCTS YOU PURCHASE RELATED TO THE OFFERS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT CHECKOUT 51 HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CHECKOUT 51, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY PARTIES PROVIDING CONTENT OR THE PRODUCTS ASSOCIATED WITH OFFERS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, COMPENSATORY OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT/CIVIL LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ("LOSSES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED FROM CHECKOUT 51 OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHECKOUT 51'S RECORDS, PROGRAMS OR THE SERVICES. IN ADDITION, CHECKOUT 51 SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF ANY PRODUCTS ASSOCIATED WITH OFFERS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHECKOUT 51, WHETHER IN CONTRACT, WARRANTY, TORT/CIVIL LIABILITY (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHECKOUT 51 FOR ACCESS TO OR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY OR MORAL INJURY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. User Communications
Except as set forth in our Privacy Notice, any information and materials you submit to us via the Services, email, or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein will not be considered confidential. You agree that we are free, consistent with the Privacy Notice, to use, reproduce, modify, distribute, display, perform, broadcast, sublicense, and disclose any information you provide in any manner, in any form or medium, without any obligation, express or implied, to you, without any notification, payment or attribution to you.
16. Your Obligations
You agree that:
You will use the Services only as authorized by us.
You will comply with all applicable laws, rules, and regulations when using the Services.
You will not take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages or impairs the Services, any materials or information available through the Services, our systems, or our networks.
You will not reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Services (including but not limited to Content), including but not limited to using any software to suppress or alter the display of advertising through the Services, without our express prior written consent.
You will not use the Services (including but not limited to Content) for any fraudulent, unlawful or unintended purpose.
You will not use any Content other than in accordance with this Agreement and any other terms and conditions applicable to such Content.
You will not attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, or to any of our servers by hacking, password mining, or any other unauthorized means.
You will only create and hold one account and only for your personal use. You may not associate more than one user account with any mobile device.
You may not transfer, sell, combine, or otherwise share your account with any person.
You are responsible for updating and correcting your Registration Data and any other information you may provide via the Services.
You are responsible for your accounts with other services, such as PayPal, and any other information you may provide those third party services.
You may not share your password with other persons.
You will, upon our request and in our sole discretion, provide additional proof of purchase.
17. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send us a notice pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Upon receipt of a notice that meets statutory requirements, we will contact the alleged infringer, if known, and remove or disable access to the material that is alleged to be infringing if hosted on the Services. If we receive more than one notice of copyright infringement regarding a user, we may, in our sole discretion, deem the user to be a repeat copyright infringer and we may terminate the user’s access to the Services or parts thereof. DMCA notices and counter-notices should be sent to News America, Legal Department, 1211 Avenue of the Americas, New York, NY 10036, Attention: Copyright Agent, fax: (212) 852-7214, email: email@example.com.
18. Applicable Law and Venue
The Services (excluding Third-Party Sites) are controlled by Checkout 51. While Checkout 51 has made no effort to publish the Services other than in Canada and the United States, the Site is accessible elsewhere.
You and Checkout 51 both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Checkout 51 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, unless you are a Quebec resident in which case Quebec laws shall apply, and unless you are a U.S. resident, in which case the laws of the State of New York will apply, without regard to its conflict of law provisions.
For Canadian residents, you agree that all disputes, claims or other matters, except those that will be resolved through arbitration as discussed below, will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario, unless you are a Quebec resident in which case they will be heard and resolved in a court of competent subject matter jurisdiction located in the province of Quebec. For U.S. residents, you agree that all disputes, claims or other matters, except those that will be resolved through arbitration as discussed below, will be heard and resolved only in the courts located in New York, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Checkout 51, its affiliates and their respective directors, officers, employees and agents, for your failure to comply with any such laws.
19. Dispute Resolution & Arbitration
We expect that our customer service team will be able to resolve most issues you may have using the Services. You can contact our customer service team as described in the “Questions and Comments” section below. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process. This section 19 is not applicable in Quebec.
In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except as provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at: News America Marketing Digital, L.L.C., Legal Department, 1211 Avenue of the Americas, New York, NY 10036; Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you.
IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, THE AGREEMENT TO ARBITRATE, THE SCOPE OF THIS ARBITRATION AGREEMENT, OR USE OF THE SERVICES (A “CLAIM”) MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ COMPREHENSIVE ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMSADR.COM. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIMOF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT'S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS, AND YOU OR WE MAY AT ANY TIME BRING SUIT IN COURT AGAINST THE OTHER PARTY IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. INJUNCTIVE RELIEF MAY BE SOUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK FOR U.S. RESIDENTS; in a court of competent subject matter jurisdiction located in QUEBEC FOR QUEBEC RESIDENTS; OR IN A COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN Toronto, Ontario FOR ALL OTHER CANADIAN RESIDENTS.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND WE AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
YOU AND WE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS AND, WHERE APPLICABLE, YOU AND WE ALSO AGREE TO OPT OUT OF ANY SUCH CLASS PROCEEDING. THE FOREGOING WAIVER OF CLASS ACTION DOES APPLY TO QUEBEC RESIDENTS. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ARBITRATION PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID, BUT THE REST OF THIS AGREEMENT WILL REMAIN IN EFFECT.
If your claim is for $10,000 or less, we agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a telephonic or in-person hearing. The arbitration hearings for U.S. residents will be held in New York, New York. Arbitration for Canadian residents shall take place in Toronto, Ontario, Canada and shall be conducted in English. If this location is not convenient for you, please let us know and we will work to determine a mutually convenient location. If we cannot agree on such a location, the arbitrator will determine the location of the hearing.
Regardless of who initiates the arbitration, we will reimburse you for your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500.00. If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000.00, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS “DISPUTE RESOLUTION AND ARBITRATION” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
If you're not sure what all of this means, of course please feel free to ask an attorney.
20. Termination / Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Checkout 51 reserves the right, without notice and in its sole discretion, without liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content. If at any time we elect to take an action (a) through (d) above and you have a Cash Back Credits balance equal to or greater than the Minimum Distribution Amount, we will give you notice of the termination and you will have 30 days from the date of the notice to make a Distribution Request for your entire Cash Back Credits balance in accordance with Section 3 of these Terms. If you do not elect to do so within such 30 day period, your entire Cash Back Credits balance will expire and you may no longer make a Distribution Request. Notwithstanding the foregoing, if we determine, in our sole discretion, that you have violated these Terms, we reserve the right to cancel your account and, to the extent permitted by law, any pending, current, or future Cash Back Credits balance in your account will expire as described in Section 3.
The provisions of these Terms that are by their nature intended to survive termination (e.g., limitations of liability, indemnities, arbitration agreements, and class action waivers) shall survive.
If we terminate your account, you will not create another account without our prior, written authorization.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Checkout 51 may assign the Terms and/or any or all of its rights and/or obligations hereunder to any party without your consent and without notice. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Checkout 51, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Checkout 51 regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Checkout 51 regarding your use of the Services. No term or condition of these Terms is waived and no breach is excused unless the waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent to or waiver of a particular breach, whether express or implied, shall constitute a consent to or waiver of a different breach.
You may communicate with us via the channels listed below. We may issue notices via various channels, including by distributing messages via the Services and sending emails to the address you provide in your Registration Data. You agree that such notices shall have legal effect. And you agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Services. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies upon request. You may make such a request via the channels listed below. If you withdraw your consent, we reserve the right to terminate your license to use the Services as described in section 15. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these Terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information by accessing the Registration Data feature on the Services.
23. QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us:
News America Marketing Digital, LLC 1185 Avenue of Americas New York, New York 10036 USA