By continuing to use our Services on or after October 27th 2025, you agree to the updated Terms & Conditions
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all offers and services provided via the following websites, apps, and platforms (hereinafter collectively referred to as "Platforms") (hereinafter collectively referred to as "Platform Offers"): a. The website at the URL www.coupons.com, including all subpages (hereinafter collectively referred to as the "Coupons.com Website"). b. The coupons.com app (hereinafter referred to as "Coupons.com App").
The provider or operator of the Platforms and Platform Offers referred to in Part A, Section 1.1 is Atolls North America LLC, (hereinafter referred to as "we", or "us"). You can contact us using the contact forms and contact details provided on the Platforms or by emailing [email protected].
The Platform Offers and Platforms referred to in Part A, Section 1.1 are offered to all users addressed by them (hereinafter referred to as "Users", "Members", "Customers", "you", or "your"). The use of Platforms and Platform Offers may require registration as a User via the designated registration process and the associated creation of a user account (hereinafter referred to as "User Account"). Our Platforms and Platform Offers are primarily intended for consumers who act predominantly for private purposes. If, in exceptional cases, an offer is aimed exclusively at entrepreneurs, this will be explicitly stated.
The use of the Platforms and Platform Offers is governed exclusively by these GTC, which you can access, print, and/or save in reproducible form at any time via the Platforms or your User Account. Conflicting and deviating terms and conditions do not apply. However, individual agreements made with Users in specific cases (including side agreements, supplements, and amendments) shall in any case take precedence over these GTC.
By using any portion of the Platforms in any way, including by seeking to claim any Platform Offer, you agree to be bound by these GTC. You may also agree to be bound by these GTC in any other manner specified in other sections of these GTC.
PLEASE BE ADVISED THAT THESE GTCs CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; (II) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM(S), and (III) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US, INSTEAD OF CLASS ACTIONS OR JURY TRIALS. (See Section 13 below for the Dispute Resolution and Arbitration terms). BY USING THE PLATFORM(S), YOU AGREE TO THESE PROVISIONS.
These GTC consist of several sections:
Part A contains general provisions that apply universally to all Platforms and Platform Offers and are therefore always applicable to you.
Part B contains special provisions that apply when using Platforms and Platform Offers that enable participation in Cashback Programs.
Part C contains special provisions that apply when using Platforms and Platform Offers that enable the use of Gift Cards when shopping.
Part D contains special provisions that apply when using Platforms and Platform Offers that enable the use of Coupons ("Couponing") when shopping.
2. All special provisions apply in addition to Part A. In the event of conflicting provisions, the special provisions in the following parts shall prevail over the general provisions in Part A in case of doubt.
Any use of the Platforms or Platform Offers that deviates from these GTC or constitutes misuse is not permitted. Misuse is deemed to occur in particular if you:
reproduce, copy, make available to third parties (whether for a fee or free of charge), modify, or otherwise interfere with the Platform Offers without authorization,
distribute content from other Users without their permission,
upload or distribute offensive or inappropriate content,
upload content for which you do not hold the necessary rights.
2. In the event of a breach of your obligations under Part A, Section 4.1, we may temporarily exclude you from using the Platform Offers (see Part A, Section 10.4), terminate the User Agreement extraordinarily for good cause (see Part A, Section 10.3), and/or assert claims for damages in accordance with the statutory provisions.
Some Platforms can be used free of monetary charge and without registration and without setting up a User Account in accordance with these GTC. In the case of non-registered use, some Platform Offers may not be available at all or only to a limited extent.
Depending on the respective Platform, it may be necessary for you to create a User Account (see Part A, Section 5.3) and log in to use all or at least certain Platform Offers. Registration to create a User Account is free of charge.
You can create a User Account by registering via the online registration form provided on the Platform. To do so, you must enter your personal email address, which you access regularly, and choose a password. You may also need to assign a username. Depending on the respective Platform offer and available functions, it may be necessary to provide additional data (e.g., bank account details for payouts, mobile phone number for two-factor authentication). You can correct input errors using the usual keyboard and mouse functions in the online registration form or by canceling the registration process and starting again. After verifying your email address via the email sent to you, we will accept your offer to create a User Account with another email (hereinafter referred to as the "Welcome Email"), subject to the fulfillment of all usage requirements, thereby concluding a contract between you and us for the use of the respective Platform (hereinafter referred to as the "User Agreement"). Alternatively, you may register and later log in using third-party services such as Facebook, Google, or Apple, provided you have a corresponding account there (hereinafter referred to as "Social Login"). In this case, we will also accept your offer to create a User Account with a Welcome Email, and a User Agreement will be concluded.
There is no entitlement to the conclusion of a User Agreement. We reserve the right to reject registration offers, in particular if it is apparent that the relevant conditions of use or participation (e.g., legal age) are not met, if there is a double registration (see Part A, Section 5.5), or if incorrect information is provided during registration.
Each Member may only register once on each Platform. This means, in particular, that you may not create multiple User Accounts using different email addresses and/or mobile phone numbers. Each payment account (bank or PayPal account) may be linked to a maximum of two User Accounts. We also reserve the right to close User Accounts at any time if we detect suspicious activity in relation to the Account, such as if an unauthorized email address belonging to another person or an unverified email address was used. We may ask Users to reconfirm the email address used for a User Account if we suspect that an invalid email address has been used.
You are required to keep your login credentials for the User Account confidential and protect them from access by third parties. You must notify us immediately if an unauthorized third party gains knowledge of your login credentials, if there is any unauthorized use of your email address, or if there is any security breach.
You may update your email address, password, and username at any time. You must ensure that the contact details stored in your account are always up to date and correct.
You may not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
Where supported by the Platforms, you may subscribe to our marketing communication channels (e.g. newsletters, push notifications). You may unsubscribe at any time.
Please refer to our privacy policy (see Part A, Section 9) for information on the consent process required for registration and on data processing.
The Platforms contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, all of which are protected by copyright, trademark, and other intellectual property laws. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of us or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Subject to your compliance with these GTC, we grant you a limited, revocable, non-exclusive, non-transferrable license to use the Platform solely for lawful, personal, non-commercial purposes.
If you post content on the Platforms (e.g., photos, texts, Community posts), you grant to us, our affiliates, and those acting at their direction, a perpetual, irrevocable, royalty-free, sublicensable, transferrable, paid-up, worldwide license and right to use, copy, modify, reproduce, publicly perform, publicly display, transmit, distribute and create derivative works of or based on and/or incorporate into other works your content for any commercial and non-commercial purposes in any media, now known or hereafter created, as we may determine, in our sole discretion, without the need for any acknowledgment or compensation to you or anyone else. You also hereby grant each User a non-exclusive license to access and use your content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Platform and under these GTC. You warrant that you can effectively grant the rights specified above, and that your content does not infringe, violate, or misappropriate the intellectual property or other rights of any person or entity. Our right of use includes, in particular, the territorially and temporally unrestricted, non-exclusive right to make the content publicly accessible on our Platforms, to reproduce it, to distribute it, and to transfer it to third parties, unless otherwise agreed between us.
You permit us to technically edit the content you have posted, in particular to adapt it to the format requirements of the Platforms necessary for use or to improve the display quality.
The rights you have granted us under this Part A, Section 7 shall not expire upon deletion of the content from the Platforms and/or deletion of your User Account.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORMS, ALL PLATFORM OFFERS, AND ALL THEIR RELATED ALL CONTENT ARE SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, OR NON-INFRINGEMENT, AND NEITHER ATOLLS NORTH AMERICA LLC., ITS AFFILIATES, OR PARTNER COMPANIES, AND ALL SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES, REPRESENTATIONS AND GUARANTEES.
WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT, NOR REPRESENT NOR GUARANTEE THAT (I) YOUR USE OF PLATFORM(S) AND/OR PLATFORM OFFERING(S) WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES; (II) INFORMATION CONTAINED ON THE PLATFORMS OR ANY LINKED SITES, OR PROVIDED IN CONNECTION WITH THE PLATFORM OR PLATFORM OFFERS, WILL BE ACCURATE, RELIABLE, COMPLETE OR UP-TO-DATE; (III) YOUR ACCESS TO THE PLATFORM(S) AND/OR PLATFORM OFFERS WILL BE UNINTERRUPTED OR ERROR FREE; (IV) PARTNER COMPANIES WILL HONOR ANY PLATFORM OFFERS; (V) PERSONS WHO USE OUR PLATFORMS OR PLATFORM OFFERS WILL ACTUALLY COMPLETE ANY TRANSACTION FOR PURCHASE; (VI) YOU WILL BE SATISFIED WITH ANY PURCHASE MADE IN RELATION TO YOUR USE OF OUR PLATFORM AND/OR PLATFORM OFFERS.
Your warranty rights for the Platforms, Platform Offers, and, if applicable, all other services provided by us in connection therewith, as well as our liability, are governed by these GTC and, in addition, by the applicable statutory provisions. However, there is no entitlement to the constant availability, future maintenance, or completely error-free functioning of all Platforms and Platform Offers.
We are not liable for the fulfillment of contracts for purchases you make via our Platforms from companies that offer their own goods or services and with which we cooperate (hereinafter referred to as "Partner Companies"). This means that the respective rights and obligations of you and the respective Partner Company are governed exclusively by the contractual relationship between you and the respective Partner Company.
Our Platforms and Platform Offers contain links to other websites. As we have no influence on the content and design of external websites (e.g. those of Partner Companies), we expressly distance ourselves from the content of these sites and do not adopt their content as our own. The providers of the respective websites are responsible for their content. Subject to Part A, Section 8.4, we are therefore not liable for the accuracy, correctness, or completeness of the offers of the Partner Companies. In particular, we are not liable for damages incurred by the User as a result of a contract concluded on the website of a Partner Company.
YOUR USE OF THE PLATFORM AND PLATFORM OFFERS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM USE OF THE PLATFORM OR PLATFORM OFFERS, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
Insofar as our liability is excluded or limited in accordance with the provisions of Part A, Section 8, this also applies to the personal liability of our representatives, employees, and vicarious agents.
While we try and find the best available discounts and coupons, and to identify low prices, we may not always find you the best deal. We are not responsible for any missed savings or rewards opportunities. Offers, coupons, and discount codes are provided subject to availability. Exclusions, restrictions, and terms and conditions (including Partner Company exclusions, restrictions, and terms and conditions) may apply. Deals change often, and due to this, your application of Platform Offers, such as Coupons or discount codes, at checkout may or may not result in savings for your order.
All products or services you purchase from a Partner Company are (a) priced by the applicable Partner Company (including whether such prices include applicable taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable Partner Company and not by us. We are not responsible for any Partner Company products or any information contained on the Partner Company’s website (including if the website is displayed through our Platforms). You agree that your purchase from a Partner Company is subject to such Partner Company’s own terms and conditions applicable to such purchase. You agree that we are in no way responsible or liable to you for any products or services you purchase relating to your use of the Platform, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that we are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any Partner Companies.
We do not endorse, warrant or guarantee the products or services that are displayed through the Platform, including through Platform Offers and other advertised links to third-party websites. We are not an agent, distributor, re-seller, broker or otherwise responsible for Partner Companies or the activities or policies of those Partner Companies’ websites, or the products or services available on them. We do not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party via our Platform are the best prices, best terms or lowest rates available in the market.
By using the Platform, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If you have a dispute with any third-party (including a Partner Company from whom you purchase a product in connection with the Platform), you agree that we are under no obligation to become involved. To the maximum extent permitted by applicable law, you release the Released Parties, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Platform or any Platform Offer. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
You agree to indemnify, defend, and hold harmless the Released Parties and their respective directors, officers, employees, and agents from any and all claims and demands due to, arising out of, or related to: (a) access to or use of the Platform or any Platform Offer, or any use of your login credentials in respect of the Platform or any Platform Offer; (b) your breach of the GTCs; (c) your violation of any law or the rights of a third party, or any fraud, gross negligence, or willful misconduct; (d) any content or information provided, posted, or uploaded by you on your behalf to the Platform; (e) any Purchase, or any use or redemption of or attempted use or redemption of any Platform Offer; or (f) any claim asserted by a Partner Company relating to you.
We collect personal data from you in connection with your use of the respective Platforms and Platform Offers. In doing so, we comply in particular with our privacy policy, which is available at any time in a printable format on the Platforms via the "Privacy Policy" link.
The User Agreement for the use of our Platforms and Platform Offers, including participation in our customer programs, is concluded for an indefinite term.
We may suspend or terminate, at our sole and absolute discretion, any user account or access to the Platform(s), including by removing your Platform Offers, barring you from future use of the Platform(s), and/or canceling your Platform Offer(s) or any attempted offers or transactions, if we believe you or any user concerning your account has abused restrictions for the Platforms, acted inconsistently with these GTC, or the law, or acted in a manner harmful to the Platform(s), any user, the general public, or to us. We are the sole arbiter in cases of suspected abuse, fraud, or violation of these GTC, and any decision it makes relating to termination or disabling of an account will be final and binding. We also reserve the right to modify, terminate or withdraw the Platform(s) or any features or content on the Platform(s), including Platform Offers, at any time without notice. Upon termination for any reason, you must cease all access to the Platform(s), and we reserve the right to cancel any Platform Offers. We may investigate any suspected violation of these GTCs or unauthorized use of the Site. We may take any legal action that we feel is appropriate.
We are entitled to amend these GTC, the Platform Offers, or the User Agreement at any time. Your continued use of the Platforms or any Platform Offer following an amendment constitutes your acceptance of the amended GTCs.
These GTCs are governed by, and shall be interpreted and construed in accordance with, the law of the State of Georgia, excluding its conflicts-of-law provisions. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any dispute with Atolls North America LLC., its affiliates, or any of their respective officers, directors, employees, agents or affiliates, arising under or in relation to these GTC shall be resolved exclusively as specified in Section 13 below, titled “Mandatory Arbitration of Disputes; Class Action Waiver”, except with respect to temporary or preliminary injunctive relief in which case Atolls may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Atolls is able to offer the Platforms under the terms provided herein, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these GTC.
Should any individual provisions of these GTC or a User Agreement be or be deemed invalid, the remaining provisions of these GTCs shall be deemed severable and not affected by such invalidity. The invalid provision shall be replaced by any applicable statutory provisions, or if no such statutory provision exists, a term that most closely approximates the parties’ intent
THIS SECTION IS IMPORTANT. PLEASE READ IT CLOSELY AS IT AFFECTS YOUR LEGAL RIGHTS.
By accepting these GTC, you and Atolls North America LLC, as well as its subsidiaries and affiliates (the “Atolls Entities”) agree to the terms and conditions of this dispute resolution process and arbitration agreement. That means you are agreeing to resolve any and all disputes with us or claims and/or causes of action against us (“Claims”) through binding arbitration or small claims dispute procedures (unless you opt out) and agreeing to waive your rights to a jury trial and to participate in any class action suit. Additional terms and conditions governing a dispute between us, including disclaimers of certain warranties, limitations of liability, your indemnification obligations, and governing law are set out in separate sections in these GTC.
Mandatory Arbitration. To expedite resolution of disputes and control related costs, you and we agree that any past, present, or future legal or equitable Claims will be resolved as follows. YOU AND WE EACH AGREE THAT, EXCEPT AS DISCUSSED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE GTC, ANY TERMS OF USE OR SERVICE, THE PRIVACY POLICY, YOUR USE OF ANY PLATFORM, WEBSITE AND/OR APP, OR PLATFORM OFFER, OR YOUR RELATIONSHIP WITH ATOLLS OR ANY ATOLLS ENTITY WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. You and we each agree that our agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution process. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages as a court.
Your right to opt-out of the Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE DATE YOU BECOME BOUND BY THIS AGREEMENT (the “Opt Out Deadline”). If you do not wish to be bound by this Arbitration Agreement, you must timely notify us by sending an email to [email protected] and providing the following information in your email: (1) your name; (2) your address; (3) your phone number, and (4) a clear statement that you wish to opt out of this Arbitration Agreement. Any opt-out notice received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.
Informal resolution. We will first try to resolve any Claim informally. You and we agree to negotiate to resolve your claim in good faith. You agree that you may not start a formal proceeding for at least 60 days after you notify us of a Claim in writing, consistent with the Notice and Demand requirements below. If you intend to file a demand for arbitration, in order to give us an opportunity to informally resolve your claim, you must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to Atolls North America LLC, attent. of Legal Departement, 3280 Peachtree Road NE, Suite 525, Atlanta, GA 30305. If you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon the Atoll Entity’s denial of your Claims, you or we may start an arbitration by filing a Demand for Arbitration (“Demand”), as set forth below, or start small claims court proceedings.
Formal resolution. If we cannot resolve a Claim informally, then either you or we may seek to formally resolve any Claim by starting arbitration or small claims proceedings under the following agreed procedure and rules. To begin arbitration, you must send a Demand to us and to the American Arbitration Association (“AAA”). You and we agree that any and all Claims will be submitted to final, binding, and confidential arbitration before the AAA under its Consumer Arbitration Rules and Commercial Arbitration Rules, as applicable to a particular dispute (“AAA Rules”). Where any of the AAA rules conflict with the terms of this arbitration agreement, however, the terms of our agreement will control. Our agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after the GTC and this agreed dispute resolution procedure went into effect. Our agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive, or declaratory relief, and all claims arising under any federal or state statute, rule, or regulation. ARBITRATION MEANS THAT YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL. WE BOTH UNDERSTAND THAT ARBITRATION IS A DISPUTE-RESOLUTION PROCESS THAT IS DIFFERENT FROM FILING A LAWSUIT IN COURT AND THAT BY AGREEING TO SUBMIT ALL CLAIMS TO ARBITRATION, YOU AND WE ARE EACH GIVING UP OUR RIGHT TO FILE A LAWSUIT AND OUR RIGHT FOR A JURY TO DECIDE OUR CASE. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS ABOVE.
You and we agree that Claims submitted to arbitration will be decided in a single arbitration before a single arbitrator. The arbitrator will be selected using the following procedure: (1) the AAA will send the parties a list of five candidates; (2) if the parties cannot agree to select an arbitrator from that list of five, then within 14 days, each party will return its list to the AAA striking up to two candidates and ranking the remaining candidates by order of preference, (3) the AAA will appoint as arbitrator the candidate with the highest preferred ranking on an aggregated basis; and (4) if for some reason appointment cannot be made under this procedure, the AAA will have discretion to appoint an arbitrator of its choosing.
If you initiate an arbitration, you may be required to pay AAA an initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in the location of the arbitration. If, however, the Arbitrator finds that either the substance of your Claim or the relief sought in the Demand was frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA rules. An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees. If the Claims asserted in any request or demand for arbitration could have been brought in small claims court (e.g., for Claims that do not exceed the jurisdictional limit of small claims court), then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent.
5. Class action waiver. YOU AND WE AGREE THAT FOR ANY PROCEEDINGS, WHETHER BROUGHT IN ARBITRATION OR COURT, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND WE WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. You and we agree that Claims of two or more persons may not be joined or consolidated in the same arbitration unless arising from the same transaction. Furthermore, you and we agree that neither you nor we may pursue claims in arbitration as a class or collective action, private attorney general action, or other representative action. The arbitrator shall have the authority to award relief only on an individual basis. The AAA Rules for Class Actions will not apply to our arbitration. If you opt out of this dispute resolution process and arbitration agreement as described above, this class action waiver will not apply to you. Neither you, nor any other individual, can be a class representative or class member in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
6. Jury trial waiver. If a Claim proceeds in court rather than arbitration, YOU AND WE EACH STILL WAIVE ANY RIGHT TO A JURY TRIAL.
7. Severability. If any part of this dispute resolution process and arbitration agreement is held invalid and unenforceable, then that part may be severed from the rest of the agreement all other provisions of the agreement remain in force. You and we agree that any ruling by an arbitrator or court allowing any claimant to seek relief for other persons in a representative capacity would be contrary to your and our intent and would require immediate judicial review. If we believe that any Claim you have filed in arbitration or in court is inconsistent with the class action waiver, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you are a copyright owner or an agent thereof and you believe that any content or link on our Platforms infringes upon your copyrights, you may submit a notice pursuant to the DMCA by providing our Copyright Agent the following information in writing:
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
Your contact information so that we can contact you (for example, your address, telephone number, email address);
A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
Your physical or electronic signature.
2. Our designated DCMA copyright agent to receive notices of infringement is:
Legal Department
Atolls North America LLC
3280 Peachtree Road NE, Suite 525, Atlanta, GA 30305
3. If you fail to comply with all of the requirements listed, your DMCA notice may not be valid. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the uploader of the affected material so that they may make a counter-notification, also in accordance with the DMCA. We may also document notices of alleged infringement on which we act. Your complaint will also be filed and retained in accordance with our retention policies. Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights. We will, in appropriate circumstances, terminate the account or access rights of a user who is a repeat infringer.
As part of our Cashback Program offered via the Coupons.com Website and the Coupons.com App, you, as a Member, can receive cashback and take advantage of cashback offers (hereinafter referred to as the "Cashback Program") when purchasing goods or services (hereinafter collectively referred to as "Purchases") from our Partner Companies in accordance with the provisions of these GTC. We finance our Cashback Program from the commissions we receive from Partner Companies for referring Purchases. We are not obliged to maintain cooperation with any specific Partner Company on a permanent basis.
To participate in the Cashback Program, you must create a User Account (see Part A, Section 5). Each Member may only register for the Cashback Program once with their email address and/or mobile phone number (see Part A, Section 5.5). Our Cashback Program is aimed exclusively at natural persons who:
use the Cashback Program exclusively for personal, non-commercial purposes,
are resident in a member state of the United States and
are at least 18 years of age.
Participation in the Cashback Program and the creation of a User Account is free of charge for you. This does not affect your payment obligations in connection with Purchases from our Partner Companies; these payment obligations are governed exclusively by the contractual relationship between you and the respective Partner Company.
By using the links provided on our Platforms as part of the Cashback Program, you can make Purchases from our Partner Companies and receive cashback. We use affiliate marketing for this purpose. The terms and conditions of affiliate marketing are governed by contractual agreements between us and the affiliate network, which acts as a service provider connecting us with the Partner Companies.
Unless otherwise specified, no cashback will be granted for Purchases made using vouchers from other bonus programs. Cashback will only be granted if the vouchers are explicitly marked as "combinable with cashback". Additionally, cashback does not apply to applicable fees and taxes, shipping costs, or Purchases made with vouchers that were acquired using cashback. We also reserve the right to exclude certain goods and services from cashback for any reason, at our sole discretion.
The cashback is a fixed amount or a certain percentage of the payment you make to the Partner Company for your Purchases (hereinafter referred to as the "Generosity Rate"). We determine the amount of the Generosity Rate and thus the cashback. Different Generosity Rates apply depending on the Partner Company. We provide an information page for each Partner Company on the Platforms listed in Part B, Section 1.1. This page specifies the Generosity Rate applicable to your Purchases.
Only when the following conditions are cumulatively met will you be entitled to request cashback:
you have registered in accordance with the provisions in Part A, Section 5 and made the purchase via the specific link provided on our Platform for the Cashback offer. If the tracking process (see Part B, Section 2.8) is disrupted – for example, by visiting other websites in the meantime or due to your device settings – no cashback will be generated,
a transaction between you and a Partner Company has been successfully concluded,
full payment for the purchase has been made to the Partner Company, and you have not sought a return, refund, chargeback, or similar in relation to the purchase;
the affiliate network has confirmed conditions c. and d., thereby validating the purchase and displaying the cashback in your User Account as "available",
you have exercised your right to choose the type of fulfillment (see Part B, Section 4.1),
you have clicked on "Pay out", thereby confirming that the conditions specified in a. to d. and f. have been met,
you have reached the respective minimum payout amount from validated Purchases, in accordance with Part B, Section 4.1 and
the cashback has not expired in accordance with Part B, Section 4.4.
Notwithstanding the foregoing, the determination of whether a purchase made through a Partner Company qualifies for cashback is at our sole discretion. If a Partner Store fails to report a transaction to us, or fails to make payment to us for any reason, we reserve the right to cancel the cashback associated with that transaction. It is your responsibility to check your account regularly to ensure that cashback(s) has/have been properly credited and paid, and that your account balance is accurate. If you believe that a cashback(s) has not been correctly credited to your account, you must contact [email protected] within ninety (90) days of the transaction. In addition, we may make account adjustments for any cashback that we, in our sole discretion, deem as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these GTC or any other applicable law or regulation. Our decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
5. Before fulfilling all the conditions under this Part B, Section 2.5, you are not the owner of the cashback credit that you can receive under the Cashback Program; in particular, your entitlement to cashback payout only arises when you select the method of fulfillment. The cashback displayed in your account does not constitute an asset that we manage in trust for your benefit. Your rights and claims are limited exclusively to those contractual payment claims that may arise from these GTC.
6. You must ensure that your User Account is not used for spam activities. You are not entitled to place external links on our Platforms in order to earn cashback for your own benefit. This does not apply to external links from our Partner Companies for which we operate referral services, such as friend referral programs. You may therefore use your personal referral link on your own homepage or blog, for example.
7. The cashback does not constitute a deposit and does not earn interest.
8. The Cashback Program only works if we can clearly attribute Purchases you have made with Partner Companies to your User Account. Otherwise, we cannot credit you with cashback. Cookies or similar technologies (hereinafter referred to as "Cashback Cookies") are used for this tracking, which is necessary for the fulfillment of the User Agreement. Cookies are small data records that are assigned to and stored on your device by the browser you use – for example, via a characteristic string of characters – and transmit certain information to the entity that sets the cookie, such as in this case, for the purpose of recognizing a User. By participating in our Cashback Program and using the links provided on our Platforms, you expressly agree to use our services within the framework of this Cashback Program and accept the necessary use of Cashback Cookies for tracking purposes, as described above. If you deactivate or block Cashback Cookies in any manner, including via browser settings, “adblockers,” privacy extensions, or otherwise, we will not be able to attribute your Purchases with Partner Companies to your User Account, and you will not receive cashback.
9. We reserve the right to delay payment for any purchase based on our suspicion or detection of fraud with your Account, the misattribution of your cashback rewards by a Partner Company, any anomalies detected by us regarding your account, or changes to Partner Store policies, at any time. We also reserve the right to modify payment schedules at any time. We are not responsible for payments delivered to the wrong address and/or wrong account through no fault of ours, or for payment errors made by payment partners, like PayPal.
If the Platform Offer is provided by a Partner Company outside the United States, the transaction with the Partner Company may be processed and settled in a currency other than US dollars.
Cashback is calculated based on the net purchase value reported to us by the Partner Company in the original transaction currency (e.g., EUR, USD). This cashback amount is then converted into your local currency before being credited to your account.
Subject to Part B, Section 5, you can have your accumulated cashback paid out in full or in part after fulfilling the conditions set out in Part B, Section 2.5. All payments may be made by PayPal, at your discretion. You also have the option of having your cashback paid out as a voucher for specific partner retailers (changing from time to time). Depending on the payout method, a minimum value may be set that must be reached before the cashback can be paid out. You are responsible for providing the correct and complete information requested for the payout.
Payouts also require you to verify your identity upon request using two-factor authentication via your mobile phone, by entering the code sent via SMS (SMS verification).
Payments via direct deposit or PayPal are made within up to five business days. If you choose to receive your payment in the form of a voucher, you will receive an email within a few minutes containing a confirmation link that leads directly to the selected Coupon.
Any Cashback that we have recorded and attributed to your User Account will be forfeited, and not eligible for payment, if you have not engaged in a qualifying transaction for a period of more than 12 months
Cashback that was acquired first will be paid out first.
Your cashback balance is available at any time via your User Account on the Platforms listed in Part B, Section 1.1.
Depending on applicable federal, state, and local tax laws, your cashback(s) may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your cashback and you agree to provide us, or our payment partners, with information in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by us or our payment partners as a result of your action or inaction in connection with the foregoing (including your failure to provide Ibotta with information). You agree that we, or our payment partners, are authorized to deduct such tax liability from your cashbacks.
Information about other benefits for Members of the Cashback Program is available on the Platforms listed in Part B, Section 1.1, in the newsletter (if you have agreed to receive it), and in our other customer communications.
The Shopping Assistant is a free browser extension within our Cashback Program that supports Users when shopping online by pointing out available cashback offers and Coupons.
The extension is available for common browsers (e.g., Google Chrome, Mozilla Firefox) and can be installed via the respective add-on Platforms. After successful installation, our logo will appear in the browser bar.
The Shopping Assistant offers you various functions:
display of our available offers and discounts directly in Google search results for participating shops,
automatic display of a notice about available cashback offers, Gift Cards, and Coupons when visiting a partner shop, eliminating the need to visit the website,
automatic application of our available Coupons at selected Partner Company shops via the auto-applier function,
targeted selection of a Partner Company shop via our catalog or discovery of our best offers highlighted by the sales team (sponsored content).
4. The Shopping Assistant can be deactivated at any time via the settings of the browser used. Complete uninstallation is possible through the add-on or extension management of the respective browser.
Part A, Section 10 applies to the term and termination of the User Agreement for participation in our Cashback Program.
In the event of termination by you or us, you are entitled to have your accumulated cashback paid out within one month of the termination taking effect via our support (e.g., via the contact form provided or by email, see Part A, Section 1.2) in accordance with these GTC, in particular Part B, Sections 2 and 4. After this period has expired, the collected cashback will expire.
We reserve the right to pay out all or part of the cashback you have collected at any time if and to the extent that this becomes necessary due to legal requirements.
We sell Gift Cards (see Part C, Section 1.2) to Members via our Coupons.com Website and the Coupons.com App in accordance with these GTC. Information about our range of Gift Cards, which we obtain from our Partner Companies or other intermediaries, can be found on the above-mentioned Platforms.
A "Gift Card" is a digital Gift Card issued by a Partner Company with a face value in dollars. Depending on the Platform, Gift Cards are offered under different names, such as credit vouchers or gift vouchers.
You agree that we are not responsible for any Gift Card, we are not the issuer of any Gift Card, and we are not the holder of any liabilities related to unredeemed Gift Cards; we make no representations or warranties regarding the Gift Cards available through the Platform or the products and services you purchase with any such Gift Card. All Gift Card sales are final and non-refundable. Gift cards can be redeemed by the respective Gift Card holder and used as a means of payment up to the Gift Card’s face value, subject to any fees or other conditions set by the Partner Company that provides the Gift Card. Gift Cards can only be redeemed once. They lose their validity after they have been fully redeemed.
Gift Cards can only be redeemed with the Partner Company that issued the Gift Card in accordance with the Partner Company’s applicable terms and conditions. Gift cards cannot be redeemed with us or on our Platforms.
The obligation to provide a Certified Service associated with a Gift Card ("Certified Service") lies solely with the Partner Company that issued the respective Gift Card.
The respective Partner Company that issued the Gift Card is solely responsible for providing the Certified Service guaranteed by the Gift Card. If the Gift Card holder encounters difficulties when redeeming a Gift Card, or if problems arise in connection with the provision of the service guaranteed by the Gift Card, or if the Gift Card holder has questions in connection with the redemption of a Gift Card or the provision of the service guaranteed by the Gift Card, they must contact the respective Partner Company that issued the Gift Card. In such cases, this Partner Company is the sole responsible contact. We have no responsibility or liability for a Partner Company’s failure or inability to redeem a Gift Card.
A contract for the purchase of a Gift Card offered is concluded as follows: In a first step, the Member selects the Gift Card to be purchased for one of the Partner Companies. The Member then determines the number and value of the Gift Card(s) by clicking on the corresponding buttons. When selecting the value of a Gift Card, the Member is shown the cashback amount associated with the purchase of the respective Gift Card as a percentage and/or as a fixed amount based on the selected Gift Card value. The Member is informed about the Partner Company's terms and conditions applicable to the selected Gift Card and the exclusion of returns, exchanges, and refunds of Gift Cards.
Once the Member has entered the requested data in the fields provided, selected the desired payment method, and confirmed the validity of the terms and conditions by clicking on the corresponding buttons, the Member can check their entries. Any input errors are visible to the Member and can be corrected.
By clicking on the button labeled "place order now", the Member submits a binding offer to us to conclude a purchase contract for the selected Gift Card(s). We confirm receipt of the Member’s order (subject to review under Part C, Section 2.6) by email and through a corresponding display in the User Account. The order confirmation also constitutes our acceptance of the contract offer and serves as a contract confirmation. The confirmation contains the following:
the order details, including the quantity ordered and the nominal value of the selected Gift Card(s) in PDF format,
the relevant redemption information for the Gift Card.
4. By transmitting the information in accordance with Part C, Section 2.3, we have delivered the Gift Card to the Member, and simultaneously performed the contract in full.
5. The purchase price of a Gift Card corresponds to the face value of the selected Gift Card (including VAT). There are no additional shipping costs. The prices quoted are total prices.
6. Before we send a Gift Card to a Member by email together with the order confirmation (see Part C, Section 2.3), our payment processor must first confirm that your payment has cleared and will be paid to us.
7. By purchasing a Gift Card, the Member also accepts the applicable terms and conditions of the respective Partner Company that issued the Gift Card. These terms and conditions can be viewed on the homepage of the respective Partner Company's shop and are additionally linked in the PDF of the Gift Card, which is sent by email.
Through our Coupons.com Website and Coupons.com App, we provide you with information about savings opportunities and other offers that allow you to save money when shopping (online) with our Partner Companies. In particular, these include discount codes, voucher codes, promo codes, offer codes, special offers, or deals (hereinafter collectively referred to as "Coupons"). The Coupons and other information are provided free of monetary charge.
We collect and compile Coupons on the Platforms specified in Part D, Section 1.1. The selection is made at our sole discretion, and not all providers on the market are included. We reserve the right to modify or remove individual Coupons and existing information at any time and for any reason, at our sole discretion, with or without notice. Some of these are exclusive Coupons via partner programs, in particular via affiliate networks. You can search for a specific online store or Partner Company, browse the top offers or most popular stores, or filter the list of Coupons by category.
Once you have found and selected a suitable Coupon, it will be displayed, and you will be redirected directly to the online shop of the respective Partner Company via a provided link. There you can enter the respective Coupon before completing your purchase.
In addition to online Coupons that can be redeemed when placing orders via a Partner Company's website, we also offer Coupons that you can redeem after purchase at a physical retail store of the respective Partner Company. "Printable in-store coupons" must be printed out and handed in at the store. In contrast, with "Mobile in-store offers", you can save the Coupon as a QR code on your mobile device and present it in-store – printing is not required.
You do not need to create a User Account to use Coupons. However, Coupons are intended exclusively for consumers; use or redemption of Coupons for professional or commercial purposes or activities is prohibited.
Coupons do not represent an offer or contract to sell the products or services displayed in connection with the Coupon. All Purchases of the products or services displayed in connection with Coupons must be made with the applicable Partner Company. We do not directly sell, resell, or license any of the products or the services displayed in connection with Coupons, and we disclaim any responsibility for or liability related to them. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with Partner Companies, and/or arising from or relating to any Purchase, good, or service relating to a Coupon. Any questions, complaints, or claims related to any product or service related to a Coupon should be directed to the appropriate Partner Company.
Under the applicable agreements with our contractual partners, we may receive a commission for each purchase made using a Coupon.
The Coupons published on our Platform are reviewed by us. To verify their validity and functionality, we redeem the respective Coupons on the websites of the corresponding online shops. Offers that have been successfully tested are marked as "verified".
The Coupons and information provided on the Platforms referred to in Part D, Section 1.1 are updated daily. This helps ensure that Users can continuously benefit from attractive and up-to-date deals. To stay informed about new Coupons and relevant information at all times, you have the option to subscribe to our marketing communication channels (e.g., newsletter, push notifications) (see Part A Section 6).
Naturally, we make every effort to eliminate any possible errors. However, the Coupons and other information provided on the Platforms referred to in Part D, Section 1.1 are based primarily on the information we receive from our Partner Companies and/or information that is publicly available. Subject to Part D, Section 2.1, the display of information is largely automated. Due to the large number of Coupons and information to be processed, errors, especially those based on incorrect information from the providers, cannot be completely ruled out. We therefore cannot guarantee the accuracy of the information provided. When making Purchases, you are therefore required to verify all information relevant to the conclusion of the contract and its accuracy yourself, based on the information provided by the Partner Company.