1. General
The terms and conditions below (as amended from time to time, the “Terms”) govern the use of this website, its features and any and all information contained therein or thereon (together, this “Site”). Your use of the Site is subject to the Terms. Please read the Terms before using the Site. If you do not agree to the Terms, please do not use the Site. By accessing or using the Site in any way, including, without limitation, browsing the Site, using any information, and/or submitting information, you agree to be and are bound by the Terms.
Catalina Marketing Corporation (“Catalina”), its agents or affiliates may update the Site and these Terms from time to time, with or without notice. Your use of the Site after any such changes constitutes your agreement to those changes. You agree to review the Terms periodically to ensure that you are familiar with the most recent version. Catalina may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you.
2. Content
All text, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork, computer code, digitally downloadable files, product and program names, slogans and the compilation of the foregoing (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Catalina, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site or Content may, without Catalina’s express prior written consent, be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, used, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, including, without limitation, in connection with products or services that are not those of Catalina, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Catalina and/or its licensors, that dilutes the strength of Catalina’s or its licensor’s property, or that otherwise infringes Catalina’s or its licensors’ intellectual property rights.
Catalina does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Catalina reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Catalina does not and cannot review all materials posted to the Site by users, if any, and Catalina is not responsible for any such materials posted by users. However, Catalina reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Catalina’s sole discretion is objectionable or in violation of these Terms.
All registered trademarks ®, trademarks ™, service marks and/or logos (collectively “Marks”) of companies other than Catalina, including those of consumer packaged goods companies and retailers set forth on the “Brands & Retailers” page of the Site, are the property of their respective owners. Catalina makes no claims to those Marks. Nor shall anything contained on this Site be construed as granting any license or right to use any of the Marks displayed herein without the express written permission of the owner of such Marks. Any unauthorized uses of the Marks is strictly prohibited.
3. Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Catalina reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Catalina server, or to any of the services offered by Catalina or on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any customer of Catalina, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Catalina’s systems or networks, or any systems or networks connected to the Site or to Catalina. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Catalina on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any activity which infringes the rights of Catalina or others. You shall not link this Site to any other site without the expressed written approval of Catalina.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
On certain other areas of our Site, you may be given the ability to download the Catalina logo or other images or Content in which Catalina has certain rights or title. Such ability is subject to a revocable, non-exclusive, limited license to use such images for the sole purpose of including the Catalina logo adjacent to a valid publication regarding Catalina’s actual business operations, is revocable by Catalina at any time, may not be used in any way to disparage or negatively reference Catalina or for the purpose of any person or entity holding itself out as an agent or representative of Catalina, and is subject to Catalina’s right to require that you discontinue any and all use thereof at any time. Please contact Catalina for detailed guidelines regarding use of such images.
4. Information
Catalina does not guarantee the reliability or accuracy of any of the information on either this Site or on sites that are linked to this site. Catalina also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components. Catalina shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
5. Limitation on Liability
YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. CATALINA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON- INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). CATALINA DOES NOT WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE SITE IS PROVIDED “AS-IS.” Under no circumstances will Catalina be liable for any damages (including, but not limited to, special, incidental, consequential or indirect damages) arising out of the use of, or the inability to use, the Site, even if Catalina has been advised of the possibility of such damages. In the event you have a dispute with another company in any way relating to this Site or the use of information from this Site, you agree to waive and release Catalina from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
6. Miscellaneous
You represent and warrant that (a) you are of legal age (at least 18 years old) to form a binding contract with Catalina, or (b) you are not barred from using or receiving access to the Site or services offered thereunder under the laws of the United States or other countries.
These Terms will be governed by and construed in accordance with the internal laws of Florida without regard to conflicts of laws principles. By using the Site, you hereby agree that any and all disputes regarding these Terms and use of the Site will be subject to the courts located in the Tampa, Florida. These Terms operate to the fullest extent permissible by law.
These Terms contain the entire understanding and agreement of the parties relating to the subject matter hereof. In the event that any provision of these terms and conditions is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed. Even if Catalina fails to act with respect to your breach or anyone else’s breach on any occasion, Catalina is not waiving its right to act with respect to future or similar breaches.