COUPON INFORMATION CORPORATION®
END USER LICENSE AGREEMENT
CIC® SUSPECT COUPON CHECKER MOBILE APPLICATION
Last Updated: August 25, 2020
This End User License Agreement (this “Agreement”) is a legal agreement between Coupon Information Corporation (“CIC”), a Virginia not-for-profit corporation with its principal offices located in Naples, Florida, and you. This Agreement governs your use of the CIC® Suspect Coupon Checker Mobile Application and all data and other content accessed through the mobile application (the “App”).
By downloading, installing or using the App, you agree to the terms and conditions of this Agreement. If you do not agree to these terms, do not download, install or use the CIC® Suspect Coupon Checker App. This Agreement is between you and CIC only. CIC is solely responsible for the App.
1. Purpose of the App. This App is intended to allow real-time inquiries by authorized retail store personnel, manufacturer personnel, and law enforcement personnel as to whether manufacturers’ coupons presented by customers at retail stores have previously been reported to CIC as counterfeits, and also to allow immediate submission of images of suspect coupons to facilitate further research by CIC. Any use of the App for any other purpose, and any use of the App by persons other than authorized retail personnel, law enforcement personnel, and other persons specifically authorized by CIC is prohibited. Access to the App is controlled by CIC, which may decline to provide access to the App for any lawful reason in its sole discretion. Use of the App by law enforcement personnel is for informational purposes only.
2. License. Upon registration, and subject to the terms and conditions of this Agreement, CIC grants to you a limited, non-exclusive, non-transferable license to access and use the CIC App. This Agreement applies to updates or supplements to the original version of the App provided by CIC, unless CIC provides other terms along with the update or supplement. The App is only licensed for your use for the purposes for which you are authorized and on authorized devices. You may uninstall the App at any time by using the standard uninstall procedures offered with your device’s operating system. Upon termination of this Agreement by CIC, for any reason, your access to the App may be terminated.
3. Restrictions on Use. You may not: (a) violate any applicable laws, rules or regulations in connection with your access or use of the App; (b) access the App via any means other than through authorized distributor platforms; (c) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App or any portion thereof; (d) reverse engineer, disassemble, decompile or decrypt the App (or any element thereof), or otherwise attempt to discover the source code or structure, sequence and organization of the App or any element thereof; (e) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the App (or any copy or portion thereof); make copies, redistribute or sell the App; (f) use the App for any revenue generating activity, commercial enterprise or other purpose for which it is not designed or intended; (g) use the App to send automated queries to any website or to send any unsolicited bulk e-mails, or use the App in any way that may damage, disable, overburden, or impair CIC’s servers or networks; or (h) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious. Misuse or use of the App other than in accordance with these terms and conditions may subject you to civil liability.
4. Ownership and Content. CIC is the exclusive owner of all right, title and interest in and to the App and all content and services offered through the App, including, without limitation, any and all patents, copyrights, trademarks, service marks, trade secrets and any other proprietary rights related to the App or its contents. CIC makes no claim to any trademarks or copyrights that appear on images of coupons themselves, other than the registered CIC® mark; those trademarks and copyrights are the property of the respective manufacturers. The license to use the App does not grant you any right to use the trademarks, service marks or logos of CIC or its licensors. You are responsible for the costs of internet access and/or any access, data, or other charges associated with use of the App on your device. CIC reserves all rights to alter, modify or update the App, and to modify, remove or otherwise change any of the content provided through the App.
5. Term; Termination; Amendment. This Agreement shall continue unless terminated by you (by deinstalling the App) or by CIC. CIC may terminate this Agreement if you breach any term in this Agreement, if CIC revokes your authorization to use the App for reason, if CIC discontinues offering the App, or if CIC no longer contracts with an entity servicing the App. CIC reserves the right at any time to modify or discontinue, temporarily or permanently the availability of the App with or without notice. CIC also reserves the right to amend this Agreement at any time, with notice to you that may be provided via email. Your subsequent use of the App shall constitute your acceptance of the amended Agreement. If you do not accept the amended Agreement, you should cease use of and deistall the App. All provisions in this Agreement relating to “Restrictions on Use,” “Ownership,” “Confidentiality,” “Warranty and Warranty Disclaimer,” and “Limitation of Liability” survive the termination of this Agreement.
7. No effect on redemption or validation. Use of the App is not a substitute for the standard coupon validation and redemption process. The App can only indicate whether a coupon has previously been reported to CIC as a counterfeit. There is no guarantee that information reported to CIC is complete or accurate. While CIC generally recommends that coupons identified as counterfeits not be accepted at retail stores, the decision as to whether or not to accept any particular coupon at a store is up to the retailer and should not be made solely on the basis of use of the App. It is expressly understood and agreed that use of the App, and the results of any inquiry made on the App, do not alter or affect the terms and conditions stated on the coupon, the manufacturers’ redemption policies with respect to coupons, or any contractual rights or payment obligations whatsoever. The fact that a coupon is not identified by the App as a previously reported counterfeit does not mean that the coupon is legitimate and not a counterfeit, nor does it mean that the coupon is subject to reimbursement by the manufacturer.
8. Warranty Disclaimer. THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CIC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR ITS CONTENT WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY THE END USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (VI) ANY ERRORS OR DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. CIC is not responsible for any interruption in services or unavailability of the App resulting from internet failures, your inability to access the internet, or inadequate bandwidth in your internet connection. 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 disclaimers, exclusions, or limitations in this Agreement may not apply to you and you may have additional rights.
9. Limitation of Liability. THIS APP IS BEING PROVIDED TO YOU FREE OF CHARGE AND ITS USE IS VOLUNTARY ON YOUR PART. ACCORDINGLY, YOU AGREE THAT CIC, ITS AFFILIATES, CONTRACTORS, MEMBERS OR DISTRIBUTORS (AS APPLICABLE), AND THEIR OFFICERS AND EMPLOYEES, WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE APP. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APP IS TO UNINSTALL AND DISCONTINUE USE OF THE APP. IN NO EVENT WILL CIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THIS NON-LIABILITY FOR DAMAGES APPLIES WHETHER IN AN ACTION BASED ON CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF CIC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE APP FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification. You will indemnify and defend CIC, its affiliates, members and distributors, as well as each of their respective directors, officers, employees, representatives and agents, from and against, any and all claims, losses, damages and expenses, including attorneys’ fees, arising from a third party claim against CIC, its affiliates, members and distributors, as well as each of their respective representatives, to the extent that such third party claim is based on your breach of this Agreement or your negligence or other acts by you or your agents or representatives.
11. General. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter of this Agreement. The waiver of any breach or default under this Agreement does not constitute the waiver of any subsequent breach or default. If any provision of this Agreement is held to be illegal or unenforceable, it shall be deemed amended to conform to applicable laws or regulations, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall continue in full force and effect. The parties agree that any legal action arising under or relating to this Agreement must be maintained in the state and federal courts located in the Commonwealth of Virginia. The laws of the Commonwealth of Virginia govern this Agreement, without regard to any conflict of law provisions.
12. Contact. For questions, comments, or complaints regarding the App, you should contact CIC as follows:
Coupon Information Corporation
8595 Collier Blvd. Suite 107-32
Naples, FL 34114