PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. Verizon Wireless is pleased to offer you the "Spend Smart" digital coupon data service (the "Spend Smart Service"), providing value and convenience for you. Essentially, the Spend Smart Service allows you to review and digitally "clip and save" coupons and other promotional offers from well-known brand products and services, which can be redeemed for discounts at well known grocery and other retail outlets. Before you get started, you must read and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By indicating your affirmative assent below and using Verizon Wireless's ("Verizon Wireless," "we" or "us") Spend Smart Service, you accept and agree to be bound by these Terms of Service. Verizon Wireless may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the Spend Smart website, presently located at www.spendsmart.com.
Privacy
The information that you submit or we collect while using the Spend Smart Service is subject to the Verizon Privacy Policy, the terms of which are available at
http://www.verizon.com/privacy and incorporated into these Terms of Service. By agreeing to these terms below, you consent to the collection and use of information regarding your use of the Spend Smart Service and any other information that you provide to Verizon Wireless while registering and becoming a subscriber to the Spend Smart Service ("Your Spend Smart Information"). You agree that Your Spend Smart Information will be provided to and may be shared with Verizon Wireless's authorized vendor Cellfire, Inc., which has been retained under contract to host and manage the Spend Smart Service on Verizon's behalf. Both Verizon Wireless (and its vendor Cellfire) agree to treat Your Spend Smart Information in accordance with the Verizon Privacy Policy specifically, neither Verizon Wireless nor Cellfire will disclose Your Spend Smart Information to any third parties in a way that personally identifies you or any of Your Spend Smart Information, unless we are required to do so by law enforcement or as otherwise expressly provided therein. For clarity, should you use a Cellfire, Inc. coupon service or site other than the Spend Smart Service, any information provided in connection with such services or sites will be treated in accordance with the Cellfire privacy policy.
Limitations on Use
You must be at least 13 years old to download and use the Spend Smart Service, or, if you are not at least 13, you may download and/or use the Spend Smart Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download, access and/or use the Spend Smart Service.
Intellectual Property
Verizon Wireless and/or its licensors are the sole owners of the Spend Smart Service and brand, which includes any software, domains, and content made available through it. The Spend Smart Service and the Spend Smart brand are protected by U.S. and international copyright and other intellectual property laws. The Spend Smart Service is to be used exclusively for your own personal and non-commercial use only, and Verizon Wireless grants you a limited, non-transferable license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Spend Smart Service, or any aspect thereof, without Verizon Wireless's prior express written permission. Any unauthorized use of the Spend Smart Service or the Spend Smart brand will terminate the limited license granted by us. Verizon Wireless, and other marks, graphics, logos, icons and service names related to the Spend Smart Service are registered and unregistered trademarks or trade dress of Cellco Partnership d/b/a Verizon Wireless. They may not be used without Verizon Wireless's prior express written permission. All other trademarks not owned by Verizon Wireless that appear in connection with the Spend Smart Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Verizon Wireless.
Electronic Communications
By indicating your affirmative assent below and downloading and/or using the Spend Smart Service, you expressly and affirmatively consent to receiving electronic communications and notices from Verizon Wireless relating to the Spend Smart Service. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Use of the Service
When using the Spend Smart Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Spend Smart Service. You also agree not to interfere with the servers or networks connected to Spend Smart or to violate any of the procedures, policies or regulations of networks connected to the Spend Smart Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Spend Smart Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Spend Smart Service; (3) use the Spend Smart Service for any fraudulent, tortious or otherwise unlawful purpose; or (4) resell, export, or reverse engineer any software or other intellectual property associated with the Spend Smart Service. Never attempt to use the Spend Smart Service while operating a motor vehicle or any potentially hazardous equipment. Please observe Verizon Wireless's Drive Responsibly policy posted at www.verizonwireless.com.
Use of related Cellfire Services
In the event that you use your Spend Smart login and account credentials to access another digital coupon data service powered by Cellfire Inc., you agree that your use of such other digital coupon data service shall be subject to and governed by the Cellfire Inc. terms of service.
In the event that you use your Cellfire login and account credentials to access the Spend Smart Service hereunder you agree by your use of the Spend Smart Service that such use of the Spend Smart Service shall be subject to and governed by these Verizon Wireless Terms of Service.
Third Party Offers
The Spend Smart Service may contain links to third party web sites or programs that are not controlled by or affiliated with Verizon Wireless. Verizon Wireless is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any such third party offer. Your dealings with third party sites and/or merchants are solely between you and the applicable third party.
Charges for Using Spend Smart
Verizon Wireless currently offers the Spend Smart Service to you without any subscription or other fees to become a subscriber or registered user of the Spend Smart Service. However, when you use the Spend Smart Service, as with other Verizon Wireless data services, you may be subject to other charges, including standard messaging charges or charges for other Verizon Wireless data services while downloading, accessing or using the Spend Smart Service or any aspect thereof. You will be charged standard data rates per your plan, feature and/or bundle and payment of such charges is solely your responsibility.
Verizon Wireless Text Message (SMS) Service
To access any text and/or MMS messaging features of the Spend Smart Service, you must subscribe to the separate Verizon Wireless Text Messaging and/or MMS Messaging Services; you can register for such services from our website at www.VerizonWireless.com. You can also opt in to receive text messages from the Spend Smart Service by sending a text message with the word "COUPON" to 22888 and we'll guide you through the process from your mobile phone.
After registering for the Spend Smart Service, all further SMS or MMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from the text messaging features of the Spend Smart Service, send a text message with the word "STOP" to 22888 from your mobile phone and we will unsubscribe you from the text messaging features of the service. You will not receive any additional text messages until you re-register on our website or via your mobile phone. To get help with the Verizon Wireless text message service, you may email us at support@vzspendsmart.com. You can also request our contact information from your mobile phone at any time by sending a text message with the word "HELP" to 22888.
Use of Your Spend Smart Information
You agree that Verizon Wireless is free to use any comments, information or ideas contained in any communication you may send to Verizon Wireless regarding the Spend Smart Service without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving Spend Smart or other products or services.
No Warranty & Liability Limit
VERIZON WIRELESS PROVIDES THE SPEND SMART SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. VERIZON WIRELESS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Verizon Wireless assumes no liability or responsibility for any errors or omissions in the Spend Smart Service, any failures, delays or interruptions in the Spend Smart Service, nor any losses or damages arising from your use of the Spend Smart Service, including, without limitation, any damage to your mobile device, nor any conduct by other users of the Spend Smart Service, including any merchants or third parties posting content thereto. You further agree and acknowledge that the Spend Smart Service could be interrupted or disrupted due to poor weather and atmospheric conditions, physical obstructions, wireless network failures, power outages, dropped data connections, and other factors associated with use of wireless data technology.
IN NO EVENT SHALL VERIZON WIRELESS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SPEND SMART SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Indemnity
You agree to indemnify and hold Verizon Wireless and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Spend Smart Service in violation of these terms of use, including your violation of any laws or the rights of any third party.
Right to Terminate
Verizon Wireless reserves the right in its sole discretion to terminate or restrict your use of Spend Smart, without notice, for any or no reason whatsoever. We also reserve all rights to deliver, suspend, or terminate the Spend Smart Service in its entirety, in our sole and absolute discretion, at any time and without any prior notice to you.
General
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. THESE TERMS AND CONDITIONS SUPPLEMENT AND DO NOT SUPERCEDE AND OTHER TERMS AND CONDITIONS IN YOUR WIRELESS CUSTOMER AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND THE TERMS IN YOUR WIRELESS CUSTOMER AGREEMENT, YOUR WIRELESS CUSTOMER AGREEMENT SHALL GOVERN.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
Verizon Wireless
One Verizon Way
Basking Ridge, NJ 07920
* The Spend Smart Service offered by Verizon Wireless is powered by, hosted and maintained by Cellfire, Inc.. Cellfire, Inc. shall be a third party beneficiary of this Agreement and entitled to the benefit of the indemnities, disclaimers and other protections contained herein to the same extent as Verizon Wireless.