Effective Date: January 1, 2021
TERMS AND CONDITIONS
These Terms and Conditions (“Terms” or “Agreement”) apply to your use of the Receipt Hog App and http://www.receipthog.com (collectively known as, “Receipt Hog” or the ”Service”), which are owned and operated by Market Track, LLC d/b/a Numerator (“Numerator”, also referred to herein as “We”, “Us”, or “Our”). In these Terms, « Customer », « user » or « you » means any person using Receipt Hog.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING, DOWNLOADING OR ACCESSING RECEIPT HOG YOU ARE ENTERING INTO THIS AGREEMENT WITH US AND AGREE TO COMPLY WITH ALL OF ITS TERMS. THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE RECEIPT HOG.
SECTION 12 HAS AN ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH PROVISIONS.
In order to use Receipt Hog, you must create an account and register with us (« Account »). You represent and warrant that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration information; (iii) your registration and your use of Receipt Hog is not prohibited by law; and (iv) your registration uses an actual email address owned and operated by you. You are responsible for your own registration and all use of Receipt Hog under it. You shall not share your password nor use Receipt Hog through using the registration of any third party. Your registration is personal to you and is not transferable by you to any third party without our prior written consent.
Use of Receipt Hog is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use Receipt Hog if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use Receipt Hog, register as a Customer or send personal information to Receipt Hog.
3. Proprietary Materials and Ownership
All the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on Receipt Hog (collectively, the « Receipt Hog Content »), and all software embodied or used in Receipt Hog (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by these Terms, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Receipt Hog Content is prohibited.
4. License to Use the Service
We authorize you to access, view and use Receipt Hog Content and Software (collectively, « Property ») solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Property. Except as expressly permitted by these Terms, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting the Property in any way is strictly prohibited.
You agree, and represent and warrant, that your use of the Service and the Property will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Account Use; Award Redemption
5.1 – An account will be opened for you upon registration within the Receipt Hog app. Your account status can be checked at any time from within the Receipt Hog app.
5.2 – Individuals may only open one Receipt Hog account. Attempts by a single person to open multiple accounts may result in suspension of all their accounts and awards.
5.3 – Award redemptions must be made within the Receipt Hog app. You may be asked to confirm information about yourself and/or your household in order to redeem awards.
5.4 – Receipt Hog coins, spins, sweepstakes entries, and other awards will be rewarded as described within the app.
5.5 – Receipt images uploaded or otherwise provided through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date. If any of this receipt information is illegible or missing, your receipt may not earn awards.
5.6 – Receipt images must be uploaded within 14 days of the in-store transaction to be eligible for awards. The same receipt may not be uploaded more than once. Up to 3 receipts per retailer per transaction date may be eligible for awards. You may only submit real, unmodified receipts for shopping trips that you were part of.
5.7 – Receipts that earn awards are limited to receipts from specified eligible retailers and/or stores as detailed within the Receipt Hog app; such eligible retailers or stores may be changed from time to time in our sole discretion.
5.8 – We reserve the right to change app functionality and Award redemption options
5.9 – The minimum award redemption value is $5 (1,000 Coins).
5.10 – We will attempt to process redemption requests within 7 days of their submission.
5.11 – We may suspend or eliminate your Receipt Hog Account after three consecutive months of not uploading receipts or sharing data related to purchases.
5.12 – We may suspend or eliminate your Receipt Hog Account if fraudulent activity is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may not submit receipts resulting from shopping trips that you were not a part of or that have been modified in any way.
6. Sweepstakes, Contests & Promotions
Any sweepstakes, contests or other promotions (collectively, « Promotions ») that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules.
7. Third Party Websites
Receipt Hog may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site.
8. Feedback Submitted to Receipt Hog
We are pleased to hear from you and welcome your comments about the Service. If you submit ideas or suggestions for the Service (« Service Comments »), the Service Comments will be deemed, and will remain, our sole property. None of the Service Comments will be subject to any obligation of confidence and we will not be liable for any use or disclosure of any Service Comments.
9. Warranty Exclusions and Limitations of Liability
We do not warrant that Receipt Hog will operate error-free or without downtime. We may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access Receipt Hog, we are not responsible for the security of information that you choose to share with us while it is being transmitted. Additionally, we are not responsible for any data lost during transmission. Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at our option) to remedy the failure or to give you a credit for the amounts that may be owed to you as an award.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND THE PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR THE PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE PROPERTY. No advice or information, whether oral or written, obtained by you from or through the Service will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF ANY AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services, you may contact us at the following address:
24 E Washington St, Suite 1200
Chicago, IL 60602
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties. If a matter arises that cannot be resolved between us with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Service or this Agreement shall be resolved exclusively by final and binding administration by the American Arbitration Association (« AAA »), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA. You agree that the arbitration shall be held in Illinois, or at any other location that is mutually agreed upon by us. You agree that the arbiter will apply the laws of the State of Illinois consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration only will decide a dispute between us. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
13. Suspension; Modifications and Termination
We reserve the right to suspend your Account and/or access to the Service at any time. We reserve the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time. Any such termination will not affect any awards you have earned prior to termination. If you earn an award or use the Service, you shall be bound by the version of the Agreement in effect at the time of your award. If we make changes that materially affect your use of the Service, we will post a notice of the change on or within Receipt Hog. You are under an obligation to review the current version of this Agreement and other published policies before using the Service. Sections 2, 3, 5, 7-12, 14 and 15, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
14. Force Majeure
In no event shall we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control.
15. Third Party Beneficiaries
The provisions of this Agreement are entered into for the benefit of us and our third party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
16. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights related to noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party.
17. Choice of Law
Any disputes arising out of or related to this Agreement and/or your use of Receipt Hog shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles (except that the Arbitration provisions in Section 12 shall be governed by the Federal Arbitration Act).