Coin Out Inc.
Last Updated: April 27, 2023
THE SERVICE IS BEING PROVIDED TO YOU UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CONFIRMING ACCEPTANCE OF THEM OR BY USING ANY PART OF THE SERVICE, YOU HEREBY ACCEPT AND AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE APP, OR ANY OTHER PART OF THE SERVICE.
PLEASE NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THE AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COIN OUT. USER MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Grant of License by Company. The Company grants to you a limited, personal, non-exclusive, non-transferable and revocable license to access and use the Service only for your own personal, individual and non-commercial purposes relating to storing and viewing information about your purchases that is submitted to the Service by you or collected by us if you have opted-in to automated email or other online account collection (collectively the “Purchase Information”). The Service is not intended for any person or entity seeking to use the Service for commercial purposes. The Service is intended for use in the United States, and we reserve the right to restrict access from locations outside the United States. Upon termination of your Account or the Service, the above license to use the Service will be revoked. All rights related to the Service not expressly granted by Company are retained.
2. Changes to Terms
The Company may make modifications, deletions, and/or additions to this Agreement (“Changes”) at any time. Changes will be effective immediately after the Company provides notice of the Changes, whether such notice is provided through the Service user interface, by posting the updated version on the Company’s website, is sent to the email address associated with your account or otherwise, or when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Your continued use of the Service after such Changes means that you accept all such Changes. You should consult this Agreement each time you use the Service. This Agreement was last modified on the date indicated at the top of this Agreement.
3. Mobile Applications
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, and nontransferable license to reproduce and use our Apps solely to access and use the Service. You agree that we own all legal right, title, and interest in and to all intellectual property rights in the App and reserve all rights in and to the Apps that are not expressly granted to you in this Agreement. You further agree that you shall not (i) copy any App except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the Apps; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the Apps, to any third party for any reason, including by making any App available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Apps. You acknowledge that we may from time to time issue upgraded versions of the Apps. You consent to such automatic upgrading on your mobile device and agree that this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copies of the Apps). Standard carrier data charges may apply to your use of the Apps.
The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
4. Ownership and Proprietary Rights
Company Materials. The Service is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service that are provided by the Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials contained on the Service are the copyrighted property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Company Materials.
User Materials. By sending or transmitting to us information, emails, receipts, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “User Materials”), or by posting or transmitting such User Materials to any area of the Service, you grant the Company and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such User Materials in any media now known or hereafter developed, for the purpose of providing, enhancing, and developing the Service, without compensation to you. You hereby waive any moral rights or other rights with respect to attribution of authorship regarding User Materials that you may have under applicable law. None of the User Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any User Materials. The Company may remove or alter any User Materials at any time for any reason. If you provide any feedback to the Company concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to the Company all right, title, and interest in and to such feedback, and the Company is free to use such feedback without payment or restriction. You are solely responsible for your User Materials and the consequences of transmitting them on the Service.
By transmitting User Materials, you represent, warrant, and covenant that: (1) you are the creator and owner of the User Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Materials do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or, (b) slander, defame, or libel any other person; (3) your User Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and, (4) unless you have received prior written authorization, your User Materials do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
5. Service Access and Changes
The Service is only open to legal residents of the United States, 18 years of age and older, and who have registered with Coin Out and created an account. Registration and account creation are necessary for use of the Service. You may only have one account for the Service, and your account may be accessed and used only by the authorized User who is properly registered with the Company. The Company may refuse registration to any person for any reason at the sole discretion of Company. Further, Company may regulate access to the Service based on certain demographics, including but not limited to age, for any reason at the sole discretion of Company. Access to certain service offerings, such as connecting your email account or other online account, may require additional User requirements, such as additional terms and/or consent, to participate.
You agree that the information you provide to the Company upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You must provide, at a minimum, your phone number, email address, date of birth, and a password to register. In order to redeem your rewards, you must provide first and last name, phone number, email address, date of birth, zip code, and gender. You may be required to disclose to us limited information related to third party accounts, such as your username to your PayPal or Zelle account, in order to receive certain rewards. These requirements may be updated at any time at the sole discretion of Company.
The Company reserves the right in its sole discretion to change or discontinue the Service (permanently or temporarily) at any time, with or without notice and for any reason. Company may terminate or suspend your account for any lawful reason or for no reason. If your account is suspended or terminated for any reason, you acknowledge that you will be prevented from accessing the Service, your account and your Purchase Information, whether or not contained in your account. Company will not be liable for any consequence to anyone or anything that results from any decisions regarding continuing, changing, or discontinuing the Service or any features of the Service. Further, Company will not be liable for forwarding, retrieving, or returning any Purchase Information. The Company reserves the right to impose storage or other limits on use of the Service. We may also restrict or terminate your access to the Service if we determine that your use of the Service violates this Agreement or substantially exceeds normal use by other Users.
You are responsible for any internet access charges or mobile data fees and other third-party charges you may incur in connection with your use of the Service, including your access to your Purchase Information using the Service and transfer of your Purchase Information to and from the Service.
6. Permitted Use
You agree to be solely and completely responsible for your use of the Service, including all of your transmissions onto and off of the Service and the content of your receipts, Purchase Information and/or User Materials. When using the Service, you agree to follow all applicable laws and not to make use of the Service for any purpose which is illegal. The Company reserves the right to monitor the use of the Service by any User to assure compliance with this Agreement or any other binding terms, or if it otherwise deems it necessary in its sole discretion. Any exercise of discretion by Company with respect to the contents herein will not imply control or responsibility by Company for purposes of any liability.
You agree that you will not transmit any Receipts or User Materials that include: (1) social security, driver's license numbers, passport numbers, or any other similar government identifier; (2) financial institution or full credit or debit card numbers; (3) prescription or other personal health/medical information or, (4) utility bills or mortgage statements. For avoidance of doubt, the inclusion of such information will be a violation of this Agreement.
You represent and warrant that: (a) you will use the Service only for your own personal, individual, and non-commercial purposes relating to viewing, transmitting, processing, and/or storing brick-and-mortar or eCommerce (i.e., digital) receipts and other Purchase Information that are submitted by you, or collected by us if you have opted in to automated email or other online account collection (collectively “Receipts”), to earn rewards; (b) you are over 18 years of age (i.e., you are not ages 0-17); (c) you will only use the Service in the United States; (d) your Account will be maintained by you and is non-transferable and your Account may not be shared with other individuals; (e) you take sole responsibility for any activities or actions in using the Service, regardless of whether you have authorized such activities or actions; and, (f) you will immediately notify Company of any actual or reasonably suspected unauthorized use of the Service.
7. Prohibited Uses
You may not use the Service (or any part thereof) in any manner that in the Company’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of it, by any means. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.
You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Service from territories where their contents are illegal is strictly prohibited. Company Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
The Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.
8. No Guarantee
You acknowledge and agree that you will not rely on the Service for any reason. The Company cannot guarantee that your information will not be subject to misappropriation, loss, or damage, and we will not be liable in any way if it is. The Company will have no responsibility for, and does not guarantee, the integrity, completeness or availability of your Purchase Information. You agree to assume all risk of loss of your Purchase Information. Without limiting the foregoing, you are responsible for making your own independent backup of your Purchase Information and for all costs and expenses that you or others may incur with respect to restoring and/or recreating any data and information that is lost or damaged in connection with your use of the Service.
9. Restricted Users
You hereby represent and warrant that you are not a Restricted Person. For purposes of this Agreement, a “Restricted Person” is any person or entity, or any officer, director, or controlling shareholder of an entity, that is: (1) under the age of 18 years old; (2) not a legal United States resident; (3) a national of or an entity existing under the laws of Cuba, Iran, Sudan, North Korea, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (3) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (4) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (5) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or. (6) owned, controlled, or acting on behalf of any person or entity described under the foregoing (1) through (5).
10. Violations & Termination
You agree not to use the Service in connection with any activity that violates any law, rule or regulation or other applicable rights. Without limiting anything else in this Agreement, the Company may at any time decline to process any transaction, suspend, or cancel any user account and/or provide transaction and user information to law enforcement authorities in the event that the Company (1) suspects any violation of law, rule, regulation, any third party rights or this Agreement, (2) is required to do so under applicable law, rule, regulation or legal process (such as a court order), (3) is requested to do so by law enforcement authorities or (4) believes (in its sole discretion) that such action is appropriate in order to protect the property, rights, or safety of the Company or any third party or to limit the Company’s liability. The Company will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. These remedies are in addition to any other remedies the Company may have at law or in equity.
The Company does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service, and remove all content submitted, by any persons who are found to be repeat infringers. If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to our agent for notice of claims of infringement:
Attn: General Counsel
To be sure the matter is handled immediately, your written notice must:
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
11. Additional Guidelines or Rules
12. Referral Program
Company may from time to time, at its sole discretion, offer a referral program to you. If a referral program is active, which will be indicated within the App, any referral invites should be used for personal and non-commercial purposes. Public distribution through sites where you are not the primary content owner is not allowed. The Company reserves the right to change its referral policy at its discretion. Please look to the App for more details. The Company reserves the right to suspend your account and revoke any referral amounts if they were earned in violation of this Agreement. The Company reserves the right to implement limits on the amount of referrals benefits possible to be earned.
13. Third Party Products and Services
The Company does not endorse the purchase or use of any product or service that you may choose to use or pay for while using the Service and has no control over any aspect of any such products or services, including without limitation their existence, delivery, quality, or safety. The Company is not a party to any transaction you may elect to enter in to with a Partner or third party, and you are solely responsible for your dealings with the Partner or third party. You are solely responsible for all aspects of all transactions you may enter in to for which you use the Service and acknowledge that the Company has no obligation to assist you in any dispute with any Partner or third party regarding any product or service you purchased and/or used through a Partner or third party. The Service may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. A link does not imply the Company’s endorsement of, sponsorship of, or affiliation with the linked site.
Electronic Communications. Under this Agreement, you consent to receive communications from the Company electronically including text messages. For example, we may text you with temporary credentials (e.g., first time you register to use the App or if you forget your password) or may text you with marketing communications (e.g., special offers) from time-to-time. You have the option to opt-out of marketing communications via text; however, we still may text you login credentials if you request a password reset. Depending on your carrier plan, you may incur charges for receiving text messages, and you agree to not hold the Company liable for any charges incurred. We will communicate with you by email or by posting notices on the Service. You agree to also receive push notifications and in-app communications from Company, which may include account and promotional notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Opt-Out. You may opt out of marketing text messaging at any time by texting STOP to (914) 315-2097.
Please be aware that despite our efforts, no data security measures can guarantee 100% security. When you register you will be asked to provide account credentials. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or your mobile devices, and you agree to accept responsibility for all activities that occur under your account or password, including adding or redeeming any Reward or using the funds in your Coin Out account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.
16. Account Connect Program
The Account Connect Program is an optional program that helps improve our understanding of online purchasing behavior. By connecting your email account or other online account to the App, you will be helping us understand online purchase activity from major retailers in exchange for earning additional points or rewards. We take your privacy very seriously, so online orders are the sole focus of connecting your email through this optional program. The App will automatically identify, collect, and analyze any qualifying Purchase Information only from major online retailers that contain your receipt information only. Connecting your email or other online account information is 100% optional. To disconnect your email or other online account, please refer to the guidelines posted within the App.
The Company is not a party to any dealings you may elect to enter in to with a Partner or other third party. You are solely responsible for all aspects of all dealings that you may enter in to for which you use the Service, and you acknowledge that the Company has no obligation to assist you in any dispute with any Partner or third party regarding your use of the Service. You acknowledge that Company is not liable for any loss or damage you suffer arising from or in connection with use of the Service.
You are solely responsible for your involvement with any Partners or third parties with whom you may interact in connection with the Service. The Company reserves the right, but has no obligation, to monitor disagreements between you and any Partners or third parties.
18. Disclaimers and No Warranties
THE SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of this Agreement, violation of the rights of any other person or entity. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
20. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.
In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from: (1) seeking remedies in small claims court of competent jurisdiction; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seeking injunctive relief in a court of law; or (4) filing suit in a court of law to address an intellectual property infringement claim.
Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of this Agreement.
Whether to agree to arbitration is an important decision. It is your decision to make, and you should not rely solely on the information provided in this Agreement as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
Arbitration is not a mandatory condition of this Agreement. If you do not want to be subject to this Section 21, you may opt out of this Section 21 by notifying the Company in writing of your decision by sending, within 30 days of the date you receive this Agreement, an electronic message to email@example.com, stating clearly your full name and intent to opt out of this Section 21. Should you choose not to opt out of this Section 21 within the 30-day period, you and the Company will be bound by the terms of this Section 21. You have the right to consult with counsel of your choice concerning this Section 21. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Section 21.
If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for notice, you may reject the change by sending the Company written notice within 30 days of the change to the Company’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and the Company. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
Except as otherwise provided in this Section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Coin Out specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of this Section 21, as specified above, this class action waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If this Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and void and the exclusive jurisdiction and venue described in Section 25 will govern any action arising out of or related to this Agreement or your use of the Service.
22. Class Action Waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION).
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Legal notices shall be served to the Company via registered mail or overnight courier to 203 North LaSalle Street, Suite 1500, Chicago, IL 60661 (in each case with delivery confirmation) and to you at the email address you provided to the Company. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if available, we may give you legal notice by mail to the address provided by you in the Account section of the app. In such case, notice shall be deemed given three days after the date of mailing.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this Agreement.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to mandatory arbitration as set forth herein shall be filed only in a state or federal court located in the State of Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Protected Activity Not Prohibited. To the extent permitted by applicable law, nothing in this Agreement will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the Company’s confidential information to any parties other than the Government Agencies.
Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. This Agreement, related guidelines, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction.
Survival. Sections 2, 7, 8, 13, and 17-25 will survive any termination of this Agreement.
No Agency. Company is not your agent with respect to the Service and no legal relationship is established between you and Company except as may be expressly stated in this Agreement or other binding terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
Disclosures. The Service hereunder is offered by Coin Out Inc., located at 203 North LaSalle Street, Suite 1500, Chicago, IL 60661, email: firstname.lastname@example.org. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Notice for California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
CoinOut Rewards Program
1. OFFICIAL RULES
The Company hosts the CoinOut Rewards Program (the "Program") through the CoinOut mobile application (the “App”). The Program allows participants to collect rewards points (“Rewards”) by submitting eligible receipts from select retailers (“Rewards Partners”), connecting an eligible online account, or by entering into any eligible sweepstakes, contests, and promotions that Coin Out sponsors from time to time. Rewards can be exchanged for cash-back and digital gift cards, subject to the terms of this Agreement and any other terms and conditions of Rewards Partners that may apply. Please visit the App for a current list of ways to collect Rewards and limitations.
The Program is only open to legal residents of the United States and the District of Columbia who are 18 years of age, or the age of majority in their state of residence, whichever is older, who have a registered Coin Out account, have downloaded the App, and agree to these terms ("Reward Participant"). You represent and warrant that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current, and complete registration information; (iii) your registration and your use of the App is not prohibited by law; and (iv) your registration uses an actual phone number (not a VOIP number) and email address owned and operated by you. You are responsible for verifying the accuracy of your registration and all use of the Services or the App under it. You are responsible for notifying Coin Out of any contact or registration information changes or errors. Your registration is personal to you and is not transferable by you to any third party without our prior written consent. VOID WHERE PROHIBITED. Employees of Coin Out are not eligible to participate in the Program. If you do not accept these Rules, you may not participate in or register for the Program.
Collecting Rewards. Reward Participants may earn Rewards by using the App to scan a receipt, enter a cell-phone number into the software being used by Rewards Partners, complete an online purchase that starts within the App, connect an online account, or enter into eligible sweepstakes, contests, and promotions that Coin Out sponsors from time to time. Please visit the App for a current list of ways to collect Rewards and limitations. We reserve the right to change App functionality and Reward collection options at any time at the Company’s sole discretion. Rewards are for a specific Reward Participant and are not transferable to another person for any reason including, but not limited to, divorce or inheritance. In case of documented death of a Reward Participant, Rewards become void as of the date of the Reward Participant’s death. Reward Participants cannot combine or merge Rewards, or sell, barter, or distribute Rewards to any other person or entity.
Reward Levels (Reward Participant’s on CoinOut App Android Version 2.0 and Higher or iOS Version 4.0 or Higher)
Reward Participants are automatically enrolled in Bronze level upon completing CoinOut app registration. Reward Participants can increase their level status by meeting the qualification criteria for each level.
Reward levels are based on their activity during a calendar month (‘Reward Period’). Reward Participant will start the new calendar month at the reward Level based on their individual activity during the previous Reward Period. If the Reward Participant’s activity reaches qualifications for the next level(s), the participant will advance to the appropriate level. If at the end of Reward Period, member’s activity was that of a lower level, they will be downgraded at the start of the next Reward Period to the appropriate lower level.
Activity Bronze Silver Gold Platinum Diamond Registration X X X X X Profile Survey 1 X X X X Profile Survey 2 X X X X Profile Survey 3 X X X X Valid Paper Receipt (at least 1 per month) X X X X Email Connection* X X X 10 Valid Receipts (Paper, Email or Retailer) X X Retailer Connection (at least 2 connections)* X
*Participant must be connected on the last day of the calendar month to qualify
A Reward Participant’s level status cannot change at any point during a reward period.
Reward Participant’s on Android App version 1.9 and lower or iOS App version 3.9 and lower, will automatically be placed in a reward level when they update their Android App to Version 2.0 and Higher or iOS App to Version 4.0 and Higher based on their activity during the previous calendar month.
Level qualifications are subject to change. Any changes made to a level qualification will be communicated to CoinOut members via email, Push Notification, and In-App message thirty-days prior to the change
Earning Coins (members on CoinOut Android App Version 2.0 and Higher or iOS App Version 4.0 and Higher)
For each valid paper receipt, email receipt or connected retailer order, Reward Participant’s will earn a specified number of Reward coins based on their reward level
*Amount earned per valid receipt or online order (max total 25 paper receipts + online orders per week & 125 total paper receipts + online orders per month). Earn an additional 10 coins for each valid receipt or online order collected per week after the 25th weekly receipt or per month after the 125th monthly receipt (levels Silver through Diamond only).
Reward Level Weekly # Coins Earned Per Receipt (Receipts 1 thru 25) Weekly # Coins Earned Per Receipt (Receipts 26 +) Bronze 10 0 Silver 20 10 Gold 30 10 Platinum 40 10 Diamond 50 10
Redeeming Rewards. Reward Participants can exchange Rewards for cash-back with participating Partners, digital gift cards or other items that may change from time to time, subject to the terms of this Agreement and any other terms and conditions of Partners that may apply. Reward Redemptions must be made within the App, and you may be asked to confirm information about yourself and/or your household in order to redeem Rewards. To redeem Rewards, Reward Participants must register, log into their account on the App and complete the account profile by providing requested information. At this time, a Reward Participant can choose to redeem Rewards within their account for digital gift cards or cash to a PayPal or Zelle account. The Company may require a Reward Participant to have a minimum number of accumulated Rewards in their account in order to redeem any cash-back rewards. All Rewards will be distributed as described within the App. Your Rewards are not held in any bank account and Reward Participants have no ownership rights with respect to any Reward until redeemed in accordance with the terms of this Agreement and any other special terms and conditions that may apply to a given Reward Redemption item. We reserve the right to change App functionality and Reward Redemption options at any time at the Company’s sole discretion.
For Reward Participants on Android App Version 2.0 and Higher or iOS App Version 4.0 and Higher, access to Reward Redemption is based on the Participant’s reward level. Reward Participant’s at Bronze level will not qualify for Reward Redemption.
Reward Amount Coins to Redeem Minimum Level Required $3.00 3,000 Silver $5.00 5,000 Gold $10.00 9,500 Platinum $25.00 24,000 Diamond $50.00 47,000 Diamond
Amazon available for all redemption amounts. Zelle available for all amounts except $3. PayPal available at $25 and $50.
Except as required by law, the type, quality or fitness of goods or services provided in exchange for Rewards have no express or implied warranties or representations.
Please note: you should redeem any CoinOut Rewards linked to your account before submitting a Data Deletion request. Upon the proper submission of a Data Deletion request, Coin Out will begin working to delete your data (including Rewards balances) in accordance with applicable laws, rules, and regulations. You will NOT be able to redeem your Rewards once we delete your data.
Expiration of Rewards. A Reward Participant’s Rewards will expire and will no longer be redeemable if the Reward Participant does not submit at least one valid paper receipt through the image capture feature of the CoinOut App for a continuous 90-day period. Reward Participants will be given a seven (7) day notice before the expiration of any Rewards (the “Expiration Notice”). After receiving the Expiration Notice, a Reward Participant must log into the Reward Participant’s CoinOut account within seven (7) days and submit a valid paper receipt or Coin Out may choose to expire that Reward Participant’s current Rewards balance, at the sole discretion of Coin Out. We reserve the right to change App functionality and Reward expiration options at any time at the Company’s sole discretion.
No Cash Value. Rewards have no cash value.
Fees. The Company reserves the right to alter fees that Reward Participants will pay for using the Service. The Company will provide reasonable notice of any fee changes.
Uploading Receipts. The Company may offer Reward Participants the ability to upload receipts or to enable the automatic collection of receipts via account connection. If receipts are legitimate and valid, the Reward Participant may earn the Reward. A valid receipt is a receipt that is (i) from a personal purchase (not for a business), (ii) made by the Reward Participant or someone else in their household, (iii) contains the retailer’s name, date and time of purchase, item(s) purchased (to the extent itemized on the receipt), price(s) of items purchased, and the total receipt price, (iv) is in English, (v) is in U.S. dollars, and (vi) is submitted within 14 calendar days of the purchase date on the receipt. Receipt images must be clear enough to be read by our system. Each receipt may only be submitted one time and by one Reward Participant. A Reward Participant can submit a maximum of five (5) receipts from the same retailer within a 24-hour period.
If a Reward Participant uploads fake receipts, receipts altered in any way from the original, duplicate receipts including receipts already submitted by another Reward Participant, receipts of purchases made by others outside your household or for any other invalid reason, or the Company reasonably suspects a Reward Participant is abusing or manipulating the Services, the Company may refuse, in its sole discretion, to allow that Reward Participant to earn Rewards.
Coin Out may limit the number of receipts that can be submitted by you in a period of time to a maximum quantity.
Receipt Scanning and Item Accuracy. If you believe a receipt has been improperly classified as invalid, either by store name, purchase price or purchase date, please consult the ‘Report an Issue’ in-App process to raise this issue. The receipt correction processes may not be available for certain receipt types within the App or within certain App versions. In those instances, please refer to the “Contact Us” section within the App or please contact our support team at email@example.com. In addition, you may have a limited period of time, as stated in the App, in which you are allowed to correct your receipt(s). You are responsible for reviewing your scanned receipt to confirm accuracy. Coin Out is not responsible for any inaccuracies in this process, and resolution through the in-App process and through our support team is your sole remedy. For additional information about receipts please visit What qualifies as an invalid paper receipt?
Connected Accounts. The Company may offer Reward Participants the ability to connect an online account, such as an email, retailer, or other online account, to enable the automatic collection and uploading of eCommerce receipts. If receipts are legitimate and valid, the Reward Participant may earn a Reward. If a Reward Participant uploads fake, invalid or duplicate receipts, connects to an online account that is not owned by Reward Participant, or the Company reasonably suspects a Reward Participant is abusing or manipulating the Services, the Company may refuse, in its sole discretion, to allow that Reward Participant to earn Rewards.
Limits. The Company reserves the right to alter Reward and other limits. Currently, the limits are as follows: (a) Maximum Balance. A Reward Participant will be allowed to accrue a maximum balance of 500,000 coins. If your maximum balance reaches 500,000 coins, you will be required to redeem Rewards before new Rewards can be earned; and (b) Daily Limit. The aggregate value of all Rewards redeemed by a Reward Participant will not be allowed to exceed 100,000 coins in any given day. (c) Maximum Number of Reward Redemptions. Daily: 5 Reward Redemptions; Weekly: 10 Reward Redemptions; Monthly: 30 Reward Redemptions
Taxes. The earning and redemption of Rewards are subject to all applicable laws and regulations. The Company does not provide tax or other financial advice. You are solely responsible for ascertaining and complying with any tax obligations you may have in connection with your use of the Service. Coin Out will not be responsible for any tax consequences which may flow from a Reward Participant’s participation in the Program.
Prohibited Uses.The Program benefits are for Reward Participant’s personal, non-commercial use only. Any unauthorized, fraudulent, or abusive use of the Program, App, or Rewards or any activity inconsistent with these Rules is subject to appropriate administrative and/or legal action by Coin Out, including, but not limited to, the forfeiture of Rewards and revocation of Program membership. To the extent permitted by law, we also reserve the right, in our sole discretion, to immediately discontinue a Reward Participant’s participation in the Program, and terminate the Reward Participant’s App account, if a Reward Participant violates any United States local, state, or federal laws or ordinance or violates any law of the jurisdiction applying to the Reward Participant, in relation to the Program, or otherwise misuses the Program or any Program benefits. Nothing contained in these Rules shall limit Coin Out in the exercise of its legal or equitable rights or remedies.
Any sweepstakes, badges, contests, or other promotions (collectively "Promotions") that may be offered via the Service will be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions, and disclosures about how your personal information may be used. These rules or a link to the rules will be located directly within the App. It is your responsibility to read these rules to determine whether you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER ANY PROMOTION.
Game plays, badges, sweepstakes entries, and other awards will be rewarded as described within the CoinOut app.
Coin Frenzy Instant Win Game (Reward Participant’s on CoinOut Android App Version 2.0 and Higher or iOS App Version 4.0 and Higher)
Reward Participants that complete a qualifying activity as described within the app (such as submitting a specified number of valid receipts or earning a badge) during the Reward Period will automatically receive Instant Win Plays into the Coin Frenzy Instant Win Game.
Upon successful completion of the qualifying activity, an Instant Win Game Play will be automatically credited to the Reward Participants account within the CoinOut App. Each game play awarded represents one (1) game play. Participants can accrue Instant Win Game Plays and keep them in their account balance, and can use them to play at any time, for as long as they remain an active CoinOut user, and while the Coin Frenzy game is active.
Following the Instant Win Game Play, Reward Participants will be notified in the Coin Frenzy game screen if they won and what they won. Available prizes will be awarded as specified on the Coin Frenzy game screen. Reward Participant can’t win any other prize other than what was specified on the game screen. Instant Win Game prizes will be awarded in the form of Coins, which will automatically be credited to their Coin balance within two business days. Coins awarded from the Coin Frenzy Game have no cash value.
Prizes awarded for the Coin Frenzy Instant Win Game are randomly time seeded throughout the Reward Period and awarded to Reward Participants that play on or after the time the prize is randomly seeded. The time of day when you play the game during the Promotion Period, as recorded by CoinOut, will solely determine whether or not you are a Potential Winner.
CoinOut reserves the right to modify, update, or suspend Coin Frenzy at any time
6. RELEASE AND GENERAL TERMS
By participating in the Program, you agree to release and hold harmless Company and its affiliates, licensees, parents, franchisees, subsidiaries, advertising and promotion agencies and their respective employees, officers, directors, shareholders, successors, and assigns (collectively "Releasees") from any and all liability for any injuries, losses, or damage of any kind which may arise in connection with this Program or the acceptance and/or use of any items or prize. Unless prohibited by law, any issues concerning the validity, interpretation, enforceability of these Official Rules, or the rights and obligations of entrants and Company, shall be governed by and construed in accordance with the laws of the State of Illinois, USA, without giving effect to any conflict of law rules which might find otherwise. The Promotion is subject to all applicable federal, state, provincial, municipal, and local laws and regulations.
If for any reason this Program is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, the Company reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Program. Company is not responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Company on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Reward Participant’s or any other person's computer relating to or resulting from participation in this Program or downloading any materials in this Program. Any attempt to deliberately damage any website or undermine the legitimate operation of the program is a violation of criminal and civil laws and should such an attempt be made. The company reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. In the event that the operation, security, or administration of the Program is impaired in any way for any reason, including, but, not limited to, fraud, human error, virus, regularly-scheduled maintenance, or other technical problems, the Company may, in its sole discretion, either: (a) modify the Program in a manner that best conforms to the spirit of these Rules without suspending it; (b) suspend the Program to address the impairment and then resume the Program in a manner that best conforms to the spirit of these Rules; or (c) cancel the Program and award the currently weekly prize in a random drawing from among all eligible entries received up to the time of the impairment.
9. AMENDMENTS TO RULES
Coin Out reserves the right to update, change, revise or modify these Rules at any time in its reasonable discretion upon prior detailed notice by email or through the App to Reward Participants. If a Reward Participant continues to participate in the Program after receiving notice of the changes or does not object to the changes, he/she will be deemed to have accepted such changes and the changes shall become effective as to that Reward Participant. If a Reward Participant disagrees with the changes, then Coin Out may terminate the Reward Participant’s participation in the Program. In addition, your sole and exclusive remedy if you do not agree to any such changes is to withdraw from the Program.