CouponSurfer Card Linking Terms of Use


These terms of use ("Terms") are a contract between you and CouponSurfer, Inc (collectively, "CouponSurfer", "us", "we" or "our"). These Terms apply to and govern CouponSurfer Dining Rewards and your participation in the CouponSurfer Dining Rewards program. By enrolling in the CouponSurfer Dining Rewards program you acknowledge that you have read, understood, and agree to be bound by the following Terms. We may amend any part of these Terms from time to time as further described below. The Terms constitute the entire agreement between you and CouponSurfer related to CouponSurfer Dining Rewards.

1. CouponSurfer Dining Rewards Overview

  1. The CouponSurfer Dining Rewards program enables you to receive cashback in the form of credits issued to your registered payment card when you make a Qualified Purchase at participating merchants as further described below. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms.  An "Offer" is the cashback percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated to the offer.

2. Registration

  1. The CouponSurfer Dining Rewards IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE CouponSurfer Dining Rewards program. BY USING THE CouponSurfer Dining Rewards, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CouponSurfer Dining Rewards program.
  2. SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, CouponSurfer grants you permission to access and use the CouponSurfer Dining Rewards program solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the CouponSurfer Dining Rewards.
  3. In order to use the CouponSurfer Dining Rewards program, you must have a CouponSurfer member account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that CouponSurfer requests. You agree that the information you provide to CouponSurfer on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.
  4. By registering for or interacting with the CouponSurfer Dining Rewards you represent that you have read and accepted the terms of the CouponSurfer Privacy Policy.

3. Use of Enrolled Cards and Transaction Information

  1. By registering a payment card in connection with transaction monitoring, you authorize CouponSurfer to share your payment information with CouponSurfer’s Third Party Service Providers (including Empyr, Inc.) and payment card network (e.g., Visa, MasterCard, American Express) ("Payment Card Network") so it knows you enrolled. You authorize the Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for the Payment Card Network to share such transaction details with Empyr and for Empyr to share such transaction details with CouponSurfer to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered here. You agree that CouponSurfer and its Third Party Service Providers may view your transactions, as well as historical transactions, made by you with participating merchants.
      i. "Third Party Service Providers" means third parties, including Empyr, Inc. (“Empyr”) that enable us to provide CouponSurfer Dining Rewards. CouponSurfer uses Empyr as our service provider to help us operate the CouponSurfer Dining Rewards program. Your payment cards may only be enrolled in one program operated by Empyr. If you have already activated a payment card with a separate program operated by Empyr, you will be unable to activate that payment card in both the CouponSurfer Dining Rewards program and the other program. You may choose to use another payment card with the CouponSurfer Dining Rewards or deactivate your card with the other program.

4. Special Notes for Visa, MasterCard and American Express Cardholders

  1. Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system and/or American Express payment system are not eligible to participate.  Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion.

5. Statement Credits

  1. Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your transaction receipt from the merchant. Statement credits will instead be reflected on your periodic card statement. Your credit will generally be reflected on your designated payment card in the month following earning at least $10 in credits on your account. You must comply with all Offer requirements and CouponSurfer Dining Rewards terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit. The CouponSurfer platform, the applicable Payment Card Network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
  2. In no event shall the applicable Payment Card Network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the merchant, and not your funds or balances maintained or held by the Payment Card Network or the CouponSurfer platform.
  3. You acknowledge that the maximum statement credit per transaction is $250.

6. Modification of Terms

  1. From time to time, CouponSurfer may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the CouponSurfer Dining Rewards program, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address we have one on file, or generate a pop-up or similar notification when you access the CouponSurfer Dining Rewards program for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the CouponSurfer Dining Rewards, except that (i) disputes between you and CouponSurfer will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the CouponSurfer Dining Rewards program. Your continued use of the CouponSurfer Dining Rewards after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

7. Disclaimers; No Warranties.

  1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CouponSurfer AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR THIRD PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CouponSurfer DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CouponSurfer Dining Rewards program, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE CouponSurfer Dining Rewards.
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8. Limitation of Liability and Damages.

  1. UNDER NO CIRCUMSTANCES WILL CouponSurfer OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CouponSurfer Dining Rewards, EVEN IF CouponSurfer OR A CouponSurfer AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CouponSurfer'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS 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 CouponSurfer Dining Rewards (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO YOU, IF ANY, FOR ACCESSING THE CouponSurfer Dining Rewards DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Termination

  1. By CouponSurfer. You agree that CouponSurfer, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CouponSurfer or use of the CouponSurfer Dining Rewards and remove and discard all or any part of your account or any content uploaded by you, at any time. CouponSurfer may also in its sole discretion and at any time discontinue providing access to the CouponSurfer Dining Rewards, or any part thereof, with or without notice. You agree that any termination of your access to the CouponSurfer Dining Rewards or any account you may have or portion thereof may be affected without prior notice, and you agree that CouponSurfer will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the CouponSurfer Dining Rewards may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CouponSurfer may have at law or in equity. Sections that by their terms apply after it ends will survive any termination or cancellation of these Terms.

10. Laws and Jurisdiction

  1. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth Massachusetts, excluding its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions.  The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by CouponSurfer without restriction.

11. Third-Party Sites

  1. The CouponSurfer Dining Rewards program may include links or content relating to third party websites, or services while participating in the CouponSurfer Dining Rewards. CouponSurfer is not responsible for third-party websites, services, or content available through those third-party websites or services. Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the CouponSurfer Dining Rewards is solely between you and such third party.  Your use of third-party websites or services may be subject to that third-party's terms and conditions.  You agree that CouponSurfer will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such third party sites.
Last updated on 12/14/2017

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