Last Review/Update: March 11, 2019
Valassis Digital Corp. (Valassis Digital, we, us or our) provides digital advertising technology, data, offers,communication and services (our Services) that allow advertisers to more effectively target ads to end users on thewebsite they visit and applications they use. We also maintain websites, including https://www.valassisdigital.com,and maintain mobile applications and platforms that provide information about us and our Services (collectively, ourSites).
All registered trademarks ®, trademarks ™ and service marks that may be used featured on the Sites or Services toidentify the products and services of other companies are the property of their respective owners. Valassis Digitalmakes no claims to these trademarks ®, trademarks ™ and service marks. We reserve the right to add additionaltrademarks ®, trademarks ™ and service marks that identify products and services featured on the Sites or Services.
Your Use of the Site or Services
We make an effort to keep the information on the Sites or Services reliable and accurate, but do not guaranteethe reliability or accuracy of any of the information on either the Sites or Services or on sites that are linkedto the Sites or Services. We cannot and do not guarantee the reliability or accuracy of information provided bythird-parties through the Sites or Services, including credit report or credit score information provided by creditreporting agencies or other business partners.
We also do not guarantee that the files or information available for downloading are free of infection fromviruses or other harmful components. We shall not be liable for any errors or delays in the content, or for anyactions taken in reliance thereon. All coupons, offers and promotions on the Sites or Services are subject tochange without notice. We provide you, our visitors, a venue for obtaining the information contained on the Sitesor Services and has no control over the legality of any coupons or other offers made by us, the ability of any ofthe other companies to complete the sales or services in accordance with the offers, or the quality of the goodsand/or services offered by the other companies. We have no control over whether the other companies will honor theoffers and coupons shown on the Sites or Services and do not guarantee the accuracy or completeness of thematerials or information contained on the Sites or Services. In the event you have a dispute with another companyin any way relating to the Sites or Services or the use of materials or information from the Sites or Services, youagree to waive and release us from any and all claims, demands, actions, damages, losses, costs or expenses ofevery kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
WE PROVIDE THE SITES, SERVICES, CONTENT, AND ALL CONTENT AVAILABLE THROUGH THE SITES OR OUR SERVICES “AS IS” AND“AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE (INCLUDING OUR AFFILIATES) DISCLAIM ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISINGOUT OF COURSE OF DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OURAFFILIATES) DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BECORRECTED.
Limitation of Liability
WE (INCLUDING OUR AFFILIATES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESSINTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR OUR SERVICES OR THEUSE OR INABILITY TO USE ANY OF THE FOREGOING EVEN IF WE (INCLUDING OUR AFFILIATES) HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF US (INCLUDING OUR AFFILIATES) TOYOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF THE SITES OROUR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED YOUR ACTUAL, OUT-OF-POCKET EXPENSES OR DAMAGES.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE TOTAL LIABILITY OF US (INCLUDING OUR AFFILIATES)FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATESTEXTENT PERMITTED BY APPLICABLE LAW.
We provide certain online credit information through the Sites and Services including (i) a free credit scorefrom a major credit bureau (plus free credit monitoring), along with factors impacting your credit score and (ii)access to certain financial offers from our marketing partners.
In order to receive the online credit information you will need to register for an account. By registering, youcertify that:
- You are 18 years of age or older
- You have a valid U.S. Social Security number
- Any information you provide to us, both when you register and in the future, is and will be true, accurate,current and complete
- You are only registering an account for yourself
- You will keep all information up to date
You must not sell, transfer, or assign your account to anyone else.
When you register, you authorize us to create and maintain an account in your name using your accountregistration information and other information that may be collected about you in accordance with our PrivacyPolicy as part of providing credit information (collectively, such information is your “Profile”). By registering,you also specifically consent to let us request and receive your consumer report data and other data about you fromthird parties to include in your Profile as follows:
If you decide you want to deactivate your account you can opt-out of these solutions by simply sending us aninternet message with the request to ValDigital-Privacy@valassis.com.
YOU ACKNOWLEDGE THAT WE ARE SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHERINFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEENYOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OROMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS,CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
Links to or Connections with Third Party Sites or Applications
Our Sites, Services or communications to you may contain third party content or links to third party sites,applications or services (collectively, “Third Party Content”). The Sites, Services or our communications to youmay also include features that allow you to connect with accounts or services provided by third parties(collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or ThirdParty Services, and we are not responsible or liable for any Third Party Content or Third Party Services, includingany damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or ThirdParty Services. Your interactions and business dealings with the providers of the Third Party Content or ThirdParty Services, including products or services offered by such third parties, are solely between you and the thirdparty. You should review all of the relevant terms and conditions associated with Third Party Content or ThirdParty Services, including any privacy policies and terms of service. We are not responsible for any informationthat you agree to share with third parties in connection with Third Party Content or Third Party Services.
Monitoring of our Sites and Services and Disclosure for Administrative and Legal Reasons
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Sites or Services at any time. Wereserve the right to change, suspend, or discontinue all or any aspects of the Sites or Services at any timewithout prior notice.
- >Identification of the copyrighted work, trademark or other intellectual property that you claim has beeninfringed (e.g., a link to your original work or clear description of the materials allegedly being infringedupon);
- Identification of the infringing material and information reasonably sufficient to permit us to locatethe material on the Sites or Services;
- For notifications of trademark or trade dress infringement;
- A copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office;
- Description of the confusion (e.g., passing off as your company, including specific descriptions of contentor behavior);
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyrightowner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate andthat you are the copyright or intellectual property owner or authorized to act on the copyright or intellectualproperty owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright orother intellectual property interest.
With respect to claims of copyright infringement, we will respond expeditiously to investigate the materialclaimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between thenotifying party and the alleged infringer who provided the content. Please be aware that under section 512(f) of theDMCA, 17 U.S.C. 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or ourusers, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whetherthe material you are reporting is, in fact, infringing, you may wish to contact an attorney before filing anotification with us.
Our response to notices of alleged infringement may include the removal or restriction of access to the allegedlyinfringing material. If we remove or restrict access to user content in response to a notice of allegedinfringement, We will make a good faith effort to contact the affected account holder with information concerningthe removal or restriction of access, along with instructions for filing a counter-notification (as applicable).
Dispute Resolution and Arbitration
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certifiedmail (“Notice”). Valassis Digital’s address for Notice is: Valassis Communications, Inc., 19975 Victor Parkway,Livonia, MI 48152, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim ordispute; and (b) set forth the specific relief sought (“Demand”). You and Valassis Digital agree to use good faithefforts to resolve the claim directly, but if you and Valassis Digital do not reach an agreement to do so within 30days after the Notice is received, you or we may commence an arbitration proceeding. The arbitration proceedings,including any exchanged materials, shall be confidential and you and Valassis Digital agree to use reasonableefforts to streamline the proceedings, including discovery, consistent with the objectives of efficient disputeresolution.
YOU AND VALASSIS DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUALCAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Valassis Digital agree otherwise, the arbitrator may not consolidate more than oneperson’s claims or otherwise preside over any form of a representative or class proceeding. If Valassis Digitalmakes any future change to this arbitration provision (other than a change to its address for Notice), you mayreject the change by sending us written notice within 30 days of the change to Valassis Digital’s address forNotice, in which case your account with Valassis Digital will be immediately terminated but this arbitrationprovision, as in effect immediately prior to the amendments you reject, will survive. If any provision of thisSection 16 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to thegreatest extent possible and the remaining provisions will remain in full force and effect.
We control and operate the Sites and Service from the United States and we make no representations or warrantiesthat the information, products, or services provided through our services or our content are appropriate for accessor use in other jurisdictions. You are not permitted to access or use our services in any jurisdiction or country ifit would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or anyregistration requirement with, such jurisdiction. We reserve the right to limit the availability of our Sites andServices or the provision of any of our content to any person, geographic area, or jurisdiction, at any time and inour sole and absolute discretion.