SpotOn User Terms & Conditions
2350 Kerner Blvd, Suite 380
San Rafael, CA 94901
SpotOn User Terms of Service
Welcome to our Customer Connections Program.
We look forward to being in contact with you, and to seeing you often. Here are the terms that we need you to agree to in order to use this site and our customer connections program.
If you do not agree to these terms please do not enter any information in this site and do not use this site.
Access to Services
You may access the services provided through this site "Services" only if you have agreed to these SpotOn User Terms of Service ("User Terms") and the guidelines and rules that are applicable to our Customer Connections program and that are posted on this site from time to time. Use of the Services (whether you registered for them or a Merchants signs you up with SpotOn) constitutes acceptance of these User Terms. This site and the Customer Connections program are intended for use only by people who are at least 13 years of age. By accepting these User Terms you are representing that you are at least 13 years old. If you are between the ages of 13 and 18 and your parent or guardian has any questions about your use of this site or the Customer Connections program, please ask him or her to contact us at Support@SpotOn.com.
The Services are operated by the merchants listed on this site and other merchants that areparticipating in the Customer Connections program (each, a "Merchant") through the services ofits technical provider, SpotOn, Inc. ("SpotOn"). These User Terms are a contract between you,each Merchant and SpotOn, and can be enforced by both the Merchants and SpotOn. The words"we" and "our" refer to each Merchant and SpotOn. Any Merchant or SpotOn may refuse tooffer the Services to anyone at any time, and may withdraw access to the Services from anyone at any time, in the sole discretion of either the Merchant or SpotOn.
Using this site, you may sign up to receive special coupons, messages and other information("Notes") that may include special promotions or offers ("Offers"), which the Merchant may send through social media platforms that may include Facebook, Twitter1, and other social media services that may be included in the Services from time to time ("Social Media Tools"). You will also be able to invite friends to view Notes or Offers that you think would be of interest to them, through certain Social Media Tools. If a Merchant operates a Rewards program that allows customers to accrue points or credits, you may access your current point total and the terms of Merchant’s Rewards program through the Services.
There is no charge for the use of any of these Services, but you should be aware that rates and fees charged by third parties may apply.
How to Use the Services
In order to receive Notes and keep track of your Rewards points you should register with each Merchant that interests you and SpotOn, which you may do on this site (www.SpotOn.com), by downloading SpotOn’s mobile application (the "SpotOn App") and registering on it, or by visiting the Merchant’s location or its Facebook page, or other Social Media Tools through which the Services may be available. In addition, one or more Merchants may send SpotOn information about you, to register you for the Services. When you register, you may be required to "Like" the Merchant. Where indicated on the registration page, you will need to provide (or one or more Merchants may provide on your behalf) certain information, which may include your telephone number, your email address, first and/or last names, zip code and birthdate ("Registration Information"). Some of the foregoing information may be optional (see following paragraph), depending on the rules of SpotOn.
In addition to the Registration Information, you may be asked to enter optional personal information on the registration page, such as your first and/or last names, gender or other information ("Optional Information"). You do not need to provide Optional Information, but if you do you may be rewarded by a Merchant, as described on the page that requests the Optional Information.
After you register, you may be offered the opportunity to receive Notes and Offers via Facebook, Twitter or other Social Media Tools, and to earn additional benefits for authorizing SpotOn to automatically check you into Social Media Tools such as Twitter and Facebook. A merchant with which you have registered and SpotOn may offer other programs or opportunities to registered users from time to time.
If you already authorized one or more Merchants to send you Notes through mobile communications (e.g., SMS text messaging or mobile notifications), you need not re-register for that service, but when you register on this site your Registration Information and any Optional Information you provide will be associated by the Merchant and SpotOn with your email address.
Content of this Site and Notes
You understand that this site and Notes that you may receive from time to time from a Merchant contain trademarks, logos, artwork, and text that was created by or for the Merchant or SpotOn, and that is protected by trademark and/or copyright law. You agree not to use any materials from a Merchant’s Facebook page, Notes, or the websites of a Merchant or SpotOn in any way without the prior written permission of the Merchant or SpotOn, as the case may be. You may, however, post Notes (including Offers) through the tools provided for that purpose on this site or through the Social Media Tools, or forward Notes or Offers to friends.
Social Media Tools and Third Party Links
Neither the Merchants nor SpotOn control the Social Media Tools through which the Services may be provided. Further, you may have come to this site through a link from a third party or you may link from this site to a third party’s site that is not controlled by a Merchant or SpotOn (all of the foregoing, "Third Party Sites"). YOU AGREE THAT NEITHER ANY MERCHANT NOR SPOTON IS LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED THROUGH SOCIAL MEDIA TOOLS OR ANY OTHER THIRD-PARTY SITES. MERCHANT AND SPOTON ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF SOCIAL MEDIA TOOLS OR PRODUCTS OR SERVICES FROM THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE MERCHANTS AND SPOTON FROM ANY DAMAGES THAT YOU INCUR, AND YOU AGREE NOT TO ASSERT ANY CLAIMS AGAINST ANY MERCHANT OR SPOTON ARISING FROM YOUR USE OF SOCIAL MEDIA TOOLS OR PRODUCTS OR SERVICES FROM THIRD PARTIES. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 and any similar provision in any other jurisdiction. California Civil Code Section 1542 states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The Roles of Merchants and SpotOn
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES, ALL NOTES AND ALL GOODS OR SERVICES OFFERED BY MERCHANTS (INCLUDING BUT NOT LIMITED TO THOSE PROVIDED WITH RESPECT TO THE OFFERS), THIS SITE, THE SOCIAL MEDIA TOOLS AND/OR ANY REWARDS PROGRAM OFFERED BY MERCHANTS OR OTHERS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." The allocation of responsibilities between Merchants and SpotOn in the preceding Section do not constitute warranties, and are stated solely to facilitate your understanding of the respective roles of the parties. THE MERCHANTS AND SPOTON HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRIGEMENT.
Without limiting the foregoing, neither any Merchant nor SpotOn makes any representation or warranty that this site, the Social Media Tools, the Notes or Offers, any Rewards program of the Merchant or any third party (or any description thereof), any software used in the delivery of the Services (including without limitation the software developed by SpotOn) or the Technology Services are or will be accurate, complete, reliable, current or error-free, or that this site, any Social Media Tools or any such software or servers used in the delivery of the Services are free of any viruses or other harmful components. As with other sites and content you access over the internet, you are advised to exercise caution and use industry-standard means to detect and disable viruses and other harmful materials.
You agree that when you view, download or forward any content on this site, the SpotOn website, any website of a Merchant, or otherwise obtain content from or through the use of the Services or from a Merchant or SpotOn (including Notes that may be sent to you through the Social Media Tools), you do so at your own risk, and that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from the use of the Services. Further, you understand that the information and other content available on this site, in Notes or Offers, or with respect to Rewards programs, and the technology used to formulate and deliver them, may contain errors, bugs, problems or other limitations, that you use such information and content at your own risk and should not rely upon it without verification.
Disclaimer of Liability
NEITHER ANY MERCHANT NOR SPOTON, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF A MERCHANT’S CUSTOMER CONNECTIONS PROGRAM, THE SERVICES, THE SOCIAL MEDIA TOOLS, THE NOTES, OR THE REWARDS PROGRAMS OF A MERCHANT OR ANY OTHER PARTY.
Without limiting the foregoing,
(i) NEITHER ANY MERCHANT NOR SPOTON SHALL HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THE MERCHANT AND/OR SPOTON WAS ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, and
(ii) You agree that SpotOn is not responsible for the Merchant Responsibilities described above under the heading "The Roles of Merchant and SpotOn," and a Merchant is not responsible for SpotOn’s Responsibilities described in the same section. You agree that you will not make any allegation or take any action against either a Merchant or SpotOn based on the actual or alleged fulfillment or non-fulfillment by the other of its responsibilities. To the extent permitted under applicable law you hereby release SpotOn from any and all claims or liability related to or arising from Merchant’s Responsibilities, and you hereby release Merchant from any and all claims or liability related to or arising from SpotOn’s Responsibilities. In connection with the foregoing, you hereby waive California Civil Code Section 1542 and any similar provision in any other jurisdiction. California Civil Code Section 1542 states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.
You agree that without the foregoing limitations of liability, exclusions of damages, releases and waivers it would not be feasible for Merchants and SpotOn to offer you the Services without charge, that such limitations of liability, exclusions of damages, releases and waivers are fundamental elements of the basis of the bargain between you, the Merchants and SpotOn, pursuant to which the Services are offered to you, and that the Services would not be made available to you if you did not agree to such limitations, exclusions, releases and waivers.
Privacy and Security
Your Information. You understand that SpotOn and Merchants will collect information from you as part of Customer Connections program and that they may use such information for marketing purposes. One or more Merchants may provide Registration Information to SpotOn for you, which will allow you to participate in the Customer Connections program.
Your obligations. You agree not to violate or attempt to violate the security of this site or any site or system of a Merchant or SpotOn. Specifically, but without limiting the generality of the preceding sentence, you agree not to: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to the Services without proper authorization; (d) breach security or authentication measures; (e) interfere with service to any host, network, or other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) send promotions and/or advertising products and/or services (other than forwarding or posting Merchant Notes as provided in these User Terms); or (g) attempt to do any of the preceding.
Accessing Your Account Through Social Media. You understand that your account information may be accessed through your Facebook or other Social Media sign-in, and that neither a Merchant nor SpotOn has any control over Facebook or any other Social Media Tools, or their sign-in processes. Merchants and SpotOn are entitled to rely on the fact that any information submitted and any request for information sent to SpotOn or a Merchant under your Facebook or other Social Media Tool sign-in was sent by you. If you believe that the confidentiality of any third-party sign-in has been compromised or that someone has accessed your account without authorization, you should immediately contact the third party responsible for the sign-in or other access control.
Termination of Right to use the Services
Each Merchant and SpotOn reserves the right to terminate your right to use the Services for any reason whatsoever, including but not limited to your violation of any of these User Terms or if your account has been inactive for more than one year. Upon termination of your right to use the Services, any Offers or Rewards programs may be terminated in accordance with the terms of such Offers or Rewards program. The disclaimers, limitations of liabilities, releases and waivers set forth in these User Terms shall survive any such termination.
Resolution of Disputes
If you have a complaint or a dispute with a Merchant or SpotOn, our goal is to learn about and address your concerns promptly. If we are unable to do so to your satisfaction, we want you to have a neutral and cost effective means of resolving the issue quickly. Any complaint or dispute you may have with regard to a Merchant with respect to the Services or the products or services offered by the Merchant should be reported directly to the Merchant. Complaints or disputes that involve SpotOn may be reported to SpotOn via e-mail at Support@SpotOn.com, or by calling SpotOn’s customer service representative at 877-814-4102 between 9 a.m.–5 p.m. Pacific time weekdays (other than holidays).
If we cannot resolve any complaint or dispute by negotiation, such dispute (excluding claims for injunctive or other equitable relief) shall be resolved through binding arbitration. Either you, on the one hand, or the Merchant or SpotOn, on the other hand (depending on who is involved in the dispute), may initiate such arbitration by notifying the other party and the alternative dispute resolution provider ("ADR Provider") that you, the Merchant or SpotOn wishes to initiate a binding arbitration proceeding. Such arbitration shall be handled by the American Arbitration Association or another established ADR Provider mutually agreed upon by the parties involved in the dispute. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only your individual claim or the individual claim of the Merchant and/or SpotOn. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The party initiating arbitration can elect non-appearance-based or appearance-based arbitration. For non-appearance-based arbitration: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; and b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. For appearance-based arbitration, the arbitration shall be held at a location determined by the ADR Provider in Chicago, Illinois, or at such other location as may be mutually agreed upon by the parties involved in the dispute. Any judgment on an arbitration award rendered by the arbitrator (whether the arbitration was non-appearance-based or appearance-based) may be entered in any court of competent jurisdiction.
Any arbitration or action brought by you with respect to anything related to the Services must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these User Terms will be admissible in arbitration, judicial and administrative proceedings based upon or related to these User Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All claims you have against SpotOn, or against a Merchant with respect to the Services, must be resolved in accordance with the process described in the three preceding paragraphs. Any claim you bring or file contrary to those provisions shall be considered improperly filed and a breach of these User Terms. Should you file a claim contrary to the provisions set forth above, the Merchant or SpotOn (depending on which of them your claim was against) may recover attorneys' fees and costs up to $1,000, provided that they have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The Services are offered through technology owned and controlled by SpotOn from its offices within the State of Illinois, United States of America. Since the Services can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Illinois, by accessing this site and by using the Services, you, each Merchant and SpotOn agree that the statutes and laws of the state of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this site and the Services. Neither any Merchant nor SpotOn makes any representation that the Services are appropriate or legal in, or will be available for use in, other locations. If you use the Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries relating to the content of any Notes and anything purchased in response to an Offer. Unless otherwise explicitly stated, the Services, all Notes and all Rewards programs of Merchants are intended solely for use by individuals located in the United States.
Any Merchant and/or SpotOn may assign its rights and responsibilities hereunder without notice to you. If any of these User Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of these User Terms will continue in effect. Each Merchant and SpotOn reserves the right to amend or modify these User Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this site. These User Terms constitute the entire contract between you and, SpotOn and the Merchants with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any aspect of the Services.
The failure of a Merchant or SpotOn to enforce any right or provision in these User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the party to be bound by such waiver. Your use of this site and the Services, however, is subject to the additional disclaimers and caveats that may appear in various Notes or in the policies of a Merchant or SpotOn we may communicate to you from time to time.
2350 Kerner Blvd.
San Rafael, CA 94901
|Merchant contact information may be found on this website, on the Merchant’s website and/or Facebook page, or by contacting SpotOn.|
You agree that these User Terms are binding on you. Your agreement is effective when you use any of the Services (whether you registered for them or a Merchant registers you with SpotOn) or when you click on the box in which you agree to these User Terms, whichever occurs first.
1 Facebook and Twitter are registered trademarks of Facebook, Inc., and Twitter, Inc., respectively. SpotOn is not in any way affiliated with, partnered with, or endorsed by Facebook, Inc. or Twitter, Inc.