Terms of Use - Last updated 10/2017

These terms of use ("Terms") are a contract between you and Azigo ("Company") (collectively, Company, "us", "we" or "our"). These Terms apply to and govern the Azigo Service ("Service") and your participation in the Service. By enrolling in the Service you acknowledge that you have read, understood, and agree to be bound by the following Terms. We may amend any part of these Terms from time to time as further described below. The Terms constitute the entire agreement between you and Company related to the Service.

  1. Overview of Service

    1. The Service allows you to receive cash back rewards when you make a Qualified Purchase at participating retailers as further described below. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these Terms. An "Offer" is the cash back percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated to the offer.

  2. Registration

    1. THE Service IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE Service. BY USING THE Service, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Service.

    2. SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Company grants you permission to access and use the Service solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the Service.

    3. In order to use the Service, you must have a Company account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that Company requests. You agree that the information you provide to Company on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.

    4. By registering for or interacting with the Service you represent that you have read and accepted these terms.

  3. Use of Enrolled Cards and Transaction Information

    1. By registering a payment card in connection with transaction monitoring, you authorize Company to share your payment information with Company’s Third Party Service Providers (including Empyr, Inc.) and Payment Card Network (e.g., Visa, MasterCard, American Express) so it knows you enrolled. You authorize Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Payment Card Network to share such transaction details with Empyr and for Empyr to share such transaction details with Company to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by deleting each card in your Account page (link in upper right drop down menu). You agree that Company and its Third Party Service Providers may view your transactions, as well as historical transactions, made by you with participating retailers.

      1. "Third Party Service Providers" means third parties, including Empyr, Inc. ("Empyr") that enable us to provide Service. We use Empyr as our service provider to help us operate Service. Your payment cards may only be enrolled in one program operated by Empyr. If you have already activated a payment card with a separate program operated by Empyr, you will be unable to activate that payment card in both the Service and the other program. You may use another payment card with the Service or deactivate your card with the other program.

    2. Notwithstanding anything to the contrary in the Privacy Policy, Company and its Third Party Service Providers will use transaction information solely as follows:

      1. Use your transaction data to confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for a statement credit or an Offer

      2. May share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction

      3. May provide participating retailers or Third Party Service Providers aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants and Third Party Service Providers to assess the results of their campaign

      4. Create a record of the transaction data and thereafter maintain and use data in connection with operating Service

      5. Provide targeted offers that may be of interest to you

      6. Conducting analysis for the improvement and optimization of Service

      7. May provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant

    3. You authorize the sharing, exchange and use of transaction data described above and herein by and among Company, Company and Empyr’s Third Party Service Providers, applicable Payment Card Networks and applicable Retailers.

  4. Special Notes for Visa, MasterCard and American Express Cardholders

    1. Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system and/or American Express payment system are not eligible to participate. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Card if you want the transaction to be eligible for rewards or offer completion.

  5. Un-Linking/Removing an Enrolled Card

    1. To un-link/remove an enrolled card, please sign in to your account, go to your account page, and click "delete" to the right of the card you would like to un-link/remove.

  6. Credits

    1. Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your receipt from the merchant. Your credit will generally be reflected on your designated payment card in the month following earning at least $10 in credits on your account. You must comply with all Offer requirements and Service terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit.

  7. Modification of Terms

    1. From time to time, Company may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Service, except that (i) disputes between you and Company will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Service. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

  8. Disclaimers; No Warranties.

    1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR THIRD PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Company DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE Service, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE Service.

    2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  9. Limitation of Liability and Damages.

    1. UNDER NO CIRCUMSTANCES WILL Company OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE Service, EVEN IF Company OR A Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Company'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', PAYMENT CARD NETWORKS, OR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE Service (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO YOU, IF ANY, FOR ACCESSING THE Service DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

    2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  10. Termination

    1. By Company. You agree that Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Company or use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Sections that by their terms apply after it ends will survive any termination or cancellation of these Terms.

  11. Laws and Jurisdiction

    1. These Terms shall be governed in all respects by the laws of the State of Massachusetts as they apply to agreements entered into and without regard to conflict of law provisions. You agree that any claim or dispute you may have against Company must be resolved by a court located in Middlesex County, Massachusetts, unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Company without restriction.

  12. Third-Party Sites

    1. The Service may include links or content relating to third party websites, or services while participating in the Service. Company isn't responsible for third-party websites, services, or content available through those third-party websites or services. Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Service is solely between you and such third party. Your use of third-party websites or services may be subject to that third-party's terms and conditions. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such third party sites.