Welcome to our Terms of Use. OnCard Marketing, Inc., (“OnCard,” “us,” “we” or "our") has
created the following terms of use (the "Terms of Use") which govern your use of our websites, saveinstore.com, revtrax.com, verifymycoupon.com and any
other websites that link to this Terms of Use (the "Site(s)"). Please read this Terms of Use agreement
carefully.
By visiting a Site, which includes any coupon, discount, promotion or other service made available on the Site
(each a "Promotion"), you are agreeing to comply with and be bound by this Terms of Use and our Privacy Policy, which is
incorporated into these Terms of Use. We may change the Terms of Use by posting revisions to this page. Your
continued use of the Sites means that you accept all revised terms.
We own what is on our Sites. All content and materials on or related to our Sites, Promotions
and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress,
software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and
material ("Site Content") are our property or the property of our customers or licensors, and is protected by
copyrights, trademarks, trade secrets, patents and/or other intellectual property rights. All Site Content is
copyright protected as individual works and as a collective work under copyright laws and pursuant to
international treaties. We own a copyright in the arrangement, selection, coordination and enhancement of the
Site Content. You understand and agree that these rights are valid and protected in all media, forms and
technologies existing now or hereinafter developed. You further acknowledge and agree that we own and shall
retain all right, title and interest in the (a) Site Content, (b) bar codes, designs, ideas, processes,
methodologies, forms and formats, materials, software, Internet domain names, arrangement of content,
distinctive and original layout and presentation on or related to the Sites, Promotions or Services, and (c)
derivative works or enhancements to any of the foregoing.
You agree to certain limitations on your use of our Sites Content and property. You may not,
and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify,
create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process
now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related
environment, transfer or sell any Site Content, Promotions, Services or other information obtained from or
through the Sites, in whole or in part, without our express written permission or as expressly authorized on the
Site.
You agree that violation of these Terms of Use causes significant harm. You understand and
acknowledge that unauthorized use, copying or disclosure of the Site Content, Promotions or Services may cause
us, our customers and licensors irreparable injury, which may not be remedied at law, and you agree that we, our
customers’ and our licensors' remedies for breach of these Terms of Use may be in equity by way of
injunctive or other equitable relief and such equitable remedies can be pursued without the posting of a bond or
without necessity for proving monetary damages by the injured party.
The products advertised through Promotions are offered by third parties, not us. The purchase,
use of and all other matters concerning the products are solely between you and such businesses. We do not
endorse, warrant or guarantee such products, and are not responsible nor liable for the accuracy, completeness
or usefulness of Site Content related to such products.
We have no responsibility for the content of the linked site(s). From time to time, the Sites
may also include links to other sites. These links are provided for your convenience to provide further
information. They do not signify that we endorse the site(s).
When you use a third party product or service available through the Sites, you agree to the third
party’s terms and conditions. We or our customers may use third party vendors with respect to
the Promotions. You are responsible for reviewing and understanding the privacy and other policies of the
applicable ad and third party vendor(s). You understand that certain Promotions may be subject to standard data
and other fees from your provider.
We may use information collected to provide you with a personalized experience on the Site. The
Sites uses cookies and other methods to monitor your activities on the Sites. The collection and use of
information is governed by our Privacy Policy.
We may, from time to time, offer contests, sweepstakes, games or rewards programs on the Sites. Please refer to
the terms of respective promotions for additional rules information, including information on
entering and winning.
You agree that these Terms of Use are a valid, binding contract between you and us. You agree
that the Terms of Use comply with applicable contractual, statutory, and other legal requirements and are
legally enforceable as a signed writing against you. If any portion of this Terms of Use is held invalid, you
agree that such invalidity will not affect the validity of the remaining portions of the Terms of Use. No waiver
by us of any breach or default of this Terms of Use will constitute a continuing waiver of the breach or default
or be deemed to be a waiver of any prior or subsequent breach or default. The Terms of Use represents the
complete agreement between us and you regarding the Sites, Promotions and Services and supersedes all prior
agreements and representations between us and you.
WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE
THE SITES, PROMOTIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT
THE SITES, PROMOTIONS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE AVAILABLE ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE SITES, THE PROMOTIONS AND THE SERVICES, WE SPECIFICALLY
DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE SITES, THE PROMOTIONS AND THE SERVICES. YOU AGREE
THE SITES ARE USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION THAT RESULTS FROM SUCH USE. WE ALSO SHALL HAVE NO RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE
SITES, PROMOTIONS OR SERVICES.
In no event shall we, our affiliates, licensors, agents or others involved in creating, sponsoring, promoting,
or otherwise making available the Sites, the Site contents, or the Promotions, be liable to any person or entity
for any direct, indirect, incidental, special, compensatory, consequential or punitive damages, including but
not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your
inability to use, performance or non-performance of the Sites, Promotions or Services; (iii) unauthorized access
to or tampering with the Sites, Promotions or Services, including your personal information or transmissions;
(iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained on the Sites,
Promotions or Services; (vi) any transactions entered into using the Sites, Promotions or Services; (vii) any
property damage including damage to your computer system caused by viruses or other harmful components due to
use of the Sites, Promotions or Services or any site to or from which it hyperlink. The limitations of liability
shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or
otherwise, even if we have been advised of the possibility of damage.
You agree to indemnify, defend and hold harmless us, our agents, licensors and affiliates, and their respective
officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and
expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any
provision of this agreement, or otherwise arising in any way out of your use of the Sites, Services or the
Promotions. You agree to cooperate fully with us in asserting any available defenses in connection with a claim
subject to indemnification by you under this agreement.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION
OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE DISCLAIMERS OR EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES MAY
NOT APPLY TO YOU. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF
COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE
MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE
AND THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH SAYS: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
JURISDICTION
You agree to binding arbitration and waive rights to participate in a class action. Any dispute
relating in any way to your use of the Sites, Promotions and Services shall be submitted to confidential
arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to
violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or
federal court in the state of New York. Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not
participate as a class member or class representative in any action against us.
The Terms of Use and your use of the Sites, Promotions and services are governed by and subject to the
laws of the State of New York, without regard to its conflict of laws provisions. To the extent any claim is
brought before a court of law, you irrevocably and unconditionally agree to the exclusive jurisdiction of
the courts located in New York, New York for all matters arising out of these Terms of Use and your use of
the Sites, Promotions and Services and waive all rights to a jury trial.
Last Modified: December 1, 2015