Welcome to the CheckOutPath (hereinafter the "Site,” “Us,” “Our” or “We”). The following terms and conditions and any other policies, notices, rules or guidelines posted on the Site govern your use of the Site. Because these Terms and Conditions contain legal obligations, please read them carefully.
This site operates an incentive promotion program where consumers can receive a reward after fulfilling participation requirements. Rewards may require some or all of the following participation requirements: a purchase; agreement to receive, activate and use a credit card or fund a loan; enroll in a free trial program; and/or become a member of a program that will result in recurring charges (“Sponsor Offers”). Some rewards require that you complete one or more Sponsor Offers that require a purchase. We reserve the right to substitute any reward with another reward of similar value or to provide the cash equivalent of any reward at Our sole discretion.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and the Privacy Policy. You also agree to comply with any guidelines or rules posted on this site and all such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or Terms and Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site. If you do not agree with these policies, please do not use our site or apply for our rewards or Sponsor Offers.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the bottom of these terms and conditions. You can obtain a printed copy of the most current Terms and Conditions by writing to us at the address set forth in the notice provision below.
2. PRIVACY
Please review our Privacy Policy which also governs your visit to this Site, to understand our data collection and security practices.
3. ELIGIBILITY & RULES OF PARTICIPATION
A. To be eligible to participate in the our rewards program, you must be at least 18 years of age at the time of registration and reside in the continental United States, Alaska or Hawaii. Only one reward per household and there must be no other accounts in your household. Corporations or other business entities are not eligible to participate.
B. Eligible participants must comply with the following rules and requirements (“Program Requirements”) in order to receive a reward: (i) establish and maintain only one account, and that account must be registered to a unique e-mail address; (ii) provide valid and truthful information as requested by the Site or a participating advertiser; (iii) have cookies enabled; and (iv) access a required advertiser’s site through the Site.
C. By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age as of the date of registration; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete, and provide documentation of such infomration; and (v) are a bona fide consumer using the Site solely for your own enjoyment and not on behalf of or for the benefit of any third parties or for any other purpose.
4. PROGRAM REQUIREMENTS
To qualify for your reward via this Site, you must complete the following steps and your account must not have been terminated as provided herein:
A. Registration
Access the registration form accessible on the Site and accurately enter and submit all requested information. You also may be offered the opportunity to answer a series of survey questions about your interests and/or request more information from our marketing partners.
B. Complete Sponsor Offers (and comply with the Cancellation Limitation)
| Claiming Your Reward | To claim your reward you must perform all of the following: - Provide and submit Your correct name, email address and current mailing address (PO Boxes are not accepted);
- Complete one or more Sponsor Offers. To “complete” each Sponsor Offer, you must fulfill the exact set of Sponsor Offer requirements as detailed on the pop-up that appears when you click on the offer (you must disable your pop-up blocker in order to review the Sponsor Offer requirements).
- The sponsor must report to us that you have successfully completed their offer (sponsor notification typically takes 4 weeks).
- Print out, complete and mail to Us the Redemption Certificate(s) once all of the sponsors have confirmed completion of the required Sponsored Offers. We must receive your Redemption Certificate(s) within 60 days after the date you printed Your Redemption Certificate(s).
- Once your redemption certificates have been verified, your account will be updated and you will receive an email requesting you to submit an executed W-9 form (available at www.irs.gov), Affidavit of Eligibility and Proof of Identity.
- Upon our receipt of your properly completed Redemption Certificate(s), W-9 Affidavit of Eligibility and Proof of Identity it may take six (6) to eight (8) weeks to ship you your reward.
|
| Examples of Sponsor Offers | Examples of Sponsor Offers include, without limitation, trial offers and product or service offers (including credit cards or other financial products or services). Some offers require a purchase; agreement to receive, activate and use a credit card or fund a loan; enroll in a free trial program; and/or become a member of a program that will result in recurring charges. Some rewards require that you complete one or more Sponsor Offers that require a purchase. |
C. Reward Redemption. Be sure to check the “Reward Status” section of your account on the Site on a regular basis so that you’ll be able to see your progress as various Sponsors report back to us with your completion status. We rely on each Sponsor to provide us with timely reporting and confirmation of your successful completion of their Sponsor Offer. You must save all receipts, order confirmation, records and materials that show your transaction history with each Sponsor Offer. You may be asked for copies of receipts, order confirmations and other relevant documents in the Redemption Certificate process to verify your transactions with Sponsors and failure to produce the required documents for a Sponsor Offer when requested may result in you not receiving completion credit for that Sponsor Offer. In addition, we require proof of identity such as a copy of your driver’s license, passport or other government issued identification. Upon our receipt of your properly completed Redemption Certificate(s), W-9 Affidavit of Eligibility and Proof of Identity it may take six (6) to eight (8) weeks to ship you your reward. We reserve the right to substitue any reward with another reward similar value or to provide the cash equivalent of any reward at Our sole discretion.
D. Expiration of Redemption Certificate(s). We must receive your Redemption Certificate(s) within 60 days after the date you printed Your Redemption Certificate.
E. Fulfillment. We reserve the right to substitute any reward with another reward of similar value or to provide the cash equivalent of any reward in Our sole discretion.
Note: We are solely responsible for the fulfillment of your Reward. All questions related to Reward fulfillment should be directed to us. Please do not contact our Sponsors regarding your Reward fulfillment status.
The Sponsors are solely responsible for their Offers, Program Requirements, refunds, products, cancellations and related customer service. For those questions, please contact the Sponsors directly.
5. TERMINATION AND CANCELLATION
We may, at Our sole discretion and for any reason or no reason at all, terminate any account and deny any reward without prior notice for (a) any violation of any provision of these Terms or Conditions; (b) aiding in or promoting circumvention of the our rewards program, including, but not limited to, using any account to accrue a free reward for a third party or using a third party's account to accrue a free reward for yourself; (c) acting against the business interests or reputation of the Site; (d) otherwise acting unlawfully in relationship to the Site or the rewards program; (e) our reasonable suspicion of any of the activity listed in 5(a)-(d); or (g) any other reason at our reasonable discretion. If your account is terminated, you may not re-enroll or join under a new account without our prior written authorization. You may cancel your membership at anytime by sending an Email.
6. USER CONDUCT
(a) Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity.
(b) You agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You also agree not to make any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.
7. MONITORING YOUR ACCOUNT.
You may view your account status by logging-in to your Account. Account information is updated as confirmation is received from the Site's advertisers. If you have a question about your account, you may visit our Site or send an Email.
8. MARKETING MATERIALS.
By signing up for this Site, you are giving your consent to receive promotions or newsletters from the Site, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Us alone, you may send us an Email and we will place your email address on supression file associated with our website within ten (10) business days. Please note that exercising an opt-out mechanism only applies to the company with whom you exercised that right. PLEASE NOTE THAT IN ORDER TO MAINTAIN ELIGIBILITY TO RECEIVE YOUR REWARD, YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM US PRIOR TO YOUR RECEIPT OF THE REWARD REDEMPTION CERTIFICATE. IF YOU OPT-OUT OR UNSUBSCRIBE PRIOR TO YOUR RECEIPT OF THE REWARD REDEMPTION CERTIFICATE, YOU WILL BECOME INELGIIBLE TO RECEIVE YOUR REWARD.
9. RELATIONSHIP WITH MARKETING PARTNERS.
Participating advertisers are independent third parties and the Site is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any such advertiser whose offer you respond to is solely between You and the advertiser. You agree not to hold Us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such partners through the Service.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (“SITE TEAM”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE VALUE OF THE REWARD OFFERED TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254; or by email to dca@dca.ca.gov.
13. MONITORING SITE USAGE
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
14. SUBMISSION OF IDEAS
We constantly are improving our Site and developing new features. If you have ideas regarding improvements or additions to the Site, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION
15. NOTICE
Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by Email (with a copy by postal mail) or by postal mail at the following address: PO Box 61389, Sunnyvale, CA 94088-1389.
16. COPYRIGHT AND TRADEMARK NOTICE
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of ours and our affiliates, licensors, and service providers. You agree not to: (i) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (ii) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (iii) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (iv) defame or disparage us, our Trademarks, or any aspect of the Site; and (v) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Links to the Site without our express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
17. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent, PO Box 61389, Sunnyvale, CA 94088-1389
18. PLACE OF PERFORMANCE
You understand and agree that this Site does business only in the State of California. References to any Site product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside California do so on their own initiative and are responsible for compliance with all applicable local laws.
19. GENERAL
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You hereby consent to jurisdiction and venue in the state and federal courts in Los Angeles County, California for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to the Site) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between the Site's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
UPDATED: May 1, 2008
