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BY ACCESSING AND USING SHORTCUTS, YOU AGREE TO THESE TERMS OF SERVICE. If you do not wish to agree to these terms, do not use Shortcuts. 1. ABOUT THIS AGREEMENT. These terms and the supplemental terms below have the same effect as an agreement in writing between you and us and govern your use of Shortcuts features, services and applications. For your convenience, we use the following terms in this agreement: "Affiliated Stores" are merchants who participate in our cash back rewards program identified in Section 5 below; "Cash Back" is a program in which you may be credited a percentage of the net purchases you make through Affiliated Stores; "Content" means data, text, communications, software, images, sounds, videos or other information; " "Vendors" means the manufacturers or vendors who offer their products and coupons on Shortcuts; "Participating Merchants" mean collectively the merchants, Affiliated Stores and Vendors who make offerings through Shortcuts; "we" or "us" mean AOL Inc. and its affiliates; and "you" or "your" means both you and such person or entity in whose behalf you act, if any. 2. WE MAY CHANGE THESE TERMS. As Shortcuts evolves, we may need to modify these terms, which you agree we may do at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of Shortcuts after we post changes to this agreement means that you accept the new terms. 3. SHORTCUTS. Shortcuts provides an interactive online service in which you can review and obtain coupons for discounts, Cash Back incentives, weekly or daily specials, create shopping lists based on promotions and other offers from Participating Merchants ("Promotions"). Depending on the offer, such Promotions may be made available for printing, could be made available via mobile devices or mobile applications, or may give you the ability to link up coupons and other offers from Vendors electronically with the reward cards or other loyalty cards that you use with Participating Merchants. Not all Promotions may be made available for printing, mobile applications or for use with loyalty cards. The Promotions originate from the Vendors and Participating Merchants and not us. Weekly specials and coupons may include store name, location, name of the offer, an image, value of the discount, and sale end date. We cannot guarantee that all data will be accurate at all times. You assume the responsibility to review the offers carefully on how you may use and redeem the coupons and other Promotions. Please check with the merchant to verify price and availability of the product. Promotions are subject to termination or change at any time by our Participating Merchants. The number and types of Participating Merchants are subject to change at any time and without notice to you. Each Promotion will be subject to additional terms that will apply to you; these terms may include without limitation expiration dates, limits on product availability, limits on the number of coupons or other Promotions that can be used per customer, and special conditions regarding the Cash Back program (see, Section 5(b) for Cash Back information). Any purchases you make will be directly through Participating Merchants and not from us. Coupons and other Promotions on Shortcuts are available for a limited time only and may be changed or discontinued at any time without notice to you. 4. REGISTRATION. You may need to register with us to use certain features on Shortcuts. Enrolling in any of our services or features is entirely optional. If you register with us, you must provide us with a valid email address, password, a security question and such other information that we may require from time-to-time to enroll in any of our services or features on Shortcuts. Your information must be true, complete, and up to date information. You must be legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time. When used on Shortcuts, any user IDs authorized by AOL for use with other AOL products and services (such as a screen name) are also subject to the terms and conditions that you agreed to when you registered that user ID. 5. CASH BACK REWARDS PROGRAM. We may offer a Cash Back program from time to time in association with certain Affiliated Stores. The following terms apply to the Cash Back program. The Cash Back program gives you the ability to choose a store, product, coupon or other offer displayed on Shortcuts, click the accompanying shopping link to be directed to an Affiliated Store's website and complete a purchase to earn Cash Back on your net purchase amount. You may also earn Cash Back on purchases made 'in-store' at a limited number of stores by presenting a Shortcuts printable coupon from the Cash Back savings section at time of check out. Such stores and coupons are clearly identified on Shortcuts. Specific Cash Back amounts vary by store and product category and are provided in detail at Shortcuts. Please note that the net purchase amount excludes taxes, shipping, gift-wrapping, discounts or credits, returns or cancellations, extended warranties, and transaction fees (if any). Certain Affiliate Stores exclude a limited number of products and purchases from the Program. Special conditions that each Affiliate Store may impose on the Cash Back program will be listed on the respective store page on Shortcuts. These special conditions are subject to be changed at any time and without notice to you. All potential Qualified Purchases must begin by clicking on a Shortcuts link to the Affiliated Store. All purchases must be made during the shopping session that you initiate after you click through to an Affiliated Store via our links on Shortcuts. Purchase made during a different shopping session, e.g., a user returns to an Affiliated Store at another time to initiate a purchase, will not be considered a qualified purchase. If you visit other sites before completing your purchase or use coupons not provided by Shortcuts, your purchase might be associated with a program or service other than Shortcuts and you might not earn cash back on your purchase. "Cookies", both first and third party (if applicable), must be enabled on your Web browser. If you disable the "cookies" setting on your computer, you will not be able to earn Cash Back as cookies are used to authenticate the user and be certain Cash Back is assigned to the Member account. The specific Cash Back payment associated with each Affiliated Store will be posted on Shortcuts. The net purchase is defined as the total amount paid to the store minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Store defines on their respective Web site. All Affiliated Store membership and/or operating agreements as they relate to their affiliate or partner programs with us and our vendors and which reside on the Affiliated Store's respective Web sites are hereby incorporated into this Agreement by reference. Purchases made through Affiliated Stores will be deemed "Qualified Purchases" and will earn cash back if and only if all of the following criteria are satisfied. You may only use coupons provided by us and not by other vendors or merchants in order to qualify for rewards in our program. Please note that Purchases from "Coupons Only" and "No Discount" Affiliated Stores are not deemed a "Qualified Purchase." The determination of whether or not a purchase made through an Affiliated Store is a "Qualified Purchase" is at our sole discretion. All cash back rewards earned by you are subject to review. Necessary adjustments may be applied to your account at any time in our sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the program. We reserve the right to terminate any account for abusive or fraudulent activity, or if you no longer can be reached at the e-mail address provided. If an Affiliated Store fails to report a transaction to us, or withholds payment to us for any reason, we reserve the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to you are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your accounts at any time by us at our sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the program. You will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards. Certain products and purchases may not be eligible for accrual or payment of cash back rewards. We will use reasonable efforts to maintain an up-to-date list on our cash back exclusions page. Please note that Affiliated Stores regularly change policies and if an affiliated store fails to report a transaction to us, or withholds payment to us for any reason, you agree that we may cancel the cash back reward associated with that transaction. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account you must contact our customer service within 90 days of the transaction. You must be at least 18 years of age to participate in the Cash Back program. You must be logged into Shortcuts and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the My Savings tab on Shortcuts. For security purposes, it is recommended that you memorize your password, and do not write it down. Shortcuts is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with Shortcuts ("Active Account") with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via Shortcuts or a Shortcuts Application or have accrued Cash Back at any time within the last twelve (12) months. If your account is inactive for more than twelve (12) consecutive months, Shortcuts reserves the right to reduce your cash back account balance by two dollars ($2.00) per month to recover the cost of account maintenance until you reactivate your account by starting a shopping session via Shortcuts or Shortcuts' applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or until your account balance becomes zero. If the balance in your inactive account is or becomes zero, Shortcuts reserves the right to close the account and cease to maintain your account records Shortcuts’ standard practice is to pay its members accrued Cash Back and other rewards every 3 months as shown in the following schedule: Purchase Period Payment Date Jan 1-Mar 31 May 15 Apr 1-June 30 Aug 15 July 1-Sept 30 Nov 15 Oct 1-Dec 31 Feb 15 Please note that the payment schedule above may not apply to purchases that you make from certain Affiliated Stores. Certain Affiliated Stores may delay Cash Back rewards payment for a period ranging from 75 to 90 days from the purchase date in accordance with such stores’ return and commission policy. Please be assured that these delayed payments will be provided to you once they are made available by the Affiliated Store. Shortcuts reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time. Shortcuts pays members in U.S. dollars via check and Paypal. Members may select or change their payment options in the My Savings section of Shortcuts. Each payment represents Cash Back and other awards earned and accrued during the prior quarter based on the schedule below. The minimum payment amount is $3.01. Balances below $3.01 remain in your account for potential payment during the next payment period. 6. REDEMPTION AND USE OF PROMOTIONS. We are not responsible for the redemption, errors/omissions or expiration of coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is made available in the checkout process of a Participating Merchant. We have no liability to you if you attempt to redeem a Promotion after its expiration date. We have no control over and are not responsible for the legality of any Promotions made by Participating Merchants, the ability of any of the Participating Merchants to complete the sales in accordance with the offers, the availability of the products, or the prices or quality of the goods or services offered by the Participating Merchants. We have no control over whether Participating Merchants will honor the offers made available through Shortcuts and are not responsible and disclaim all liability in the event a Participating Merchant does not honor an offer made available through Shortcuts. We do not guarantee the accuracy or completeness of the information provided in connection with the Shortcuts software and services. In the event you have a dispute with a Participating Merchant in any way relating to the Shortcuts services or the use of information provided through Shortcuts, you ACKNOWLEDGE AND agree to waive and release us from any and all claims, demands, actions, CAUSES OF ACTION, LIABILITIES, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to SUCH dispute. 7. YOUR RESPONSIBILITIES. You must keep your log-in information confidential. You must comply with all laws and these terms. You may not violate the rights of others. You are responsible for keeping your registration information up to date. You understand and agree that if you fail to provide us with accurate and up to date information about yourself, (a) we will not be responsible for any misapplied payments or payments sent to a wrong address and (b) your accrued cash back rewards may be subject to forfeiture. Any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities. 8. YOUR INFORMATION. The AOL Privacy Policy, as supplemented by the additional terms below, explains how we use your information when you use Shortcuts, whether access Shortcuts via the Internet or any mobile or wireless device. By using Shortcuts, you consent to these privacy practices. By enrolling with Shortcuts, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date) as well as periodic shopping-related emails that highlight coupons and special deals that are available to Shortcuts users. You can opt-out of receiving emails that are not account-related by following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. You understand and agree that we may store information about you and any rewards or loyalty cards that you elect to submit to us for use with the Shortcuts service. We may use third party agents and contractors in order to help operate Shortcuts, such as, by processing your coupon requests with Participating Merchants. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with the AOL Network Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for Shortcuts. When you select to use a Shortcuts coupon while making a purchase at a Participating Merchant, we may share certain personal information about you with such merchants in order to fulfill your coupon request. Also, you acknowledge that you are transacting with a merchant directly when you purchase a product from such merchant using a Shortcuts coupon. This policy does not apply to information that you may provide to a merchant. The information collected or received by our Participating Merchants. are subject to their own privacy policies. Participating Merchants may receive aggregate data about groups of Shortcuts users, such as, the number and types of coupons used by our users on an aggregate level, but this aggregate data does not personally identify any user; this information will help us and our merchants and vendors better understand demographic trends. 9. EQUIPMENT, ACCESS AND SOFTWARE. You must provide at your own expense Internet access, compatible software and compatible equipment to access and use Shortcuts. You must ensure that you meet the system requirements that we will disclose to you when you sign up for Shortcuts. You may be required to download and use applications to use certain features of Shortcuts. This means you must provide at your own expense the computing equipment and printer in order to print any coupons or other Promotions and such mobile devices as needed if you desire to use any Promotions that may be made available for mobile applications. If you access Shortcuts from a mobile device, you will incur certain charges from your wireless carrier according to the terms of your carrier agreement, including without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE Shortcuts THROUGH YOUR WIRELESS DEVICE. You authorize us to communicate with you regarding Shortcuts using SMS, MMS, text message, data trasmissions to a Shortcuts application or other electronic means to your wireless device. You acknowledge and agree that information about your usage of Shortcuts on mobile devices or mobile applications may be communicated to us by third parties, including without limitation your wireless carrier. You agree to receive messages from Shortcuts on any or all configured devices. When you access Shortcuts on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. Certain features of Shortcuts may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure. If you elect to use certain location or pinpoint based services (such as, GPS assisted navigation instruction, wireless tower location, or other available location technologies), we must periodically receive your location in order to provide such location-based services to you. By using any location based service provided by Shortcuts, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you by means of location publication controls available within the Applications (e.g., settings, user preferences). We may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the Shortcuts services accessed through mobile devices and our mobile applications. We may use third party providers to help provide Shortcuts through mobile systems and such providers may use the information in accordance with our Privacy Policy. Certain services offered through Shortcuts' mobile services may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such application for more details and instructions. If you obtain certain software and applications from Shortcuts to operation on mobile devices provided by Apple, Microsoft or Research in Motion, the supplemental terms in Appendix 1 apply to you. Supplemental Terms |