By using the Oodles Rewards Site (defined below), you are agreeing to these Terms and Conditions (defined below).
1. User Terms and Conditions
Oodles may make UPDATES and/ or any changes at our sole discretion. Oodles will post all changes to these Terms and Conditions. Your continued use of this service will constitute acceptance of these terms and conditions. We do suggest that you regularly visit these terms to make sure that you have read and fully understand any changes or updates that may have been made.
2. Site Overview
The Site is a platform through which certain merchants (“Merchants”) offer coupons for goods, services or experiences (“Promotions”), and make available coupon offerings (“Coupons” or “Deals” or “Offers”) (collectively, “Merchant Promotions”). Merchants are the issuers of Promotions and the issuers of Coupons. All Merchant Promotions, Products, other available programs and pricing on the Site may change at any time in Oodles’ discretion, without notice. Oodles will not be held responsible or liable for any actions taken or not taken by merchants and/or third parties that are seen within the Site. The Service is intended for users who are at least (13) years of age; if you are not (13) years of age please refrain from using or visiting any portion of our Services.
- “User” or “Users” are individuals who have an established Oodles account and who have accepted the Oodles User Terms of Service https://www.OodlesRewards.com/terms (“User Terms“). Users may use the Oodles loyalty program platform through the Oodles app or through Merchants POS integration or merchant app to use promotional campaigns, loyalty points or discounts.
- “Oodles App” means any software application, including without limitation mobile applications for iOS, Android, or other software or web applications, portal, authorized by Oodles and the application’s User to access the Oodles platform, including without limitation by securely requesting and receiving and accessing User Data, customer data, in whole or in part.
- “Merchant POS” or “Merchant app” means any piece of software that enables any type of loyalty programs configured by the merchant with Oodles loyalty program server.
- “Promotion Credit” or “Campaign Credit” shall refer to incentives, rewards, points, discounts, gasoline discounts/rewards, in-store credit, and/or credits offered to customer by Merchant and/or Third Parties, which can be redeemed by customer for goods and/or services, and/or applied as payment, in whole or in part, for goods and/or services, at a Merchant’s POS or Merchant’s app via the Oodles platform.
- “User Data” means all data collected by Oodles concerning the use of the Oodles platform.
- “Campaigns” shall refer to marketing initiatives, programs, discounts, or strategies to attract new or existing Oodles Users/customers to your locations, which may include Users rewards accumulations and/or redeeming Campaign Credit in various ways.
- The term “Merchant Dashboard” or “Dashboard” is a portal access provided at the Oodles website to view and manage your Merchant Account and User/Customer Data, and to view, manage, create loyalty program campaigns and redeem user/customer discounts information.
THE FOLLOWING IS STRICTLY PROHIBITED: NO PORTION OF THIS SITE MAY BE REPRODUCED, SOLD, COPIED, SALE, OR TRANSFER OF ANY CONTENTS OF THE SERVICES, SITE, APPLICATIONS, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, PHOTOS, VIDEOS, GRAPHICS, PRODUCTS, OR ANY OTHER MATERIAL (COLLECTIVELY, “CONTENT”).
Registration through Site: For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you may not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify us in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to you for any reason, including, without limitation, in the event we determine that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. If your account is terminated, you may forfeit any current, pending, or future credits.
Conversely, if you are not currently registered as a Oodles user and you click on “Sign in Using Facebook/Twitter,” you will first be asked to enter your Facebook/Twitter credentials and then be given the option to register and join Oodles. Once you register on the Oodles site and Connect with Facebook/Twitter, you will be able to automatically post recent activity back to Facebook/ Google +/ Twitter. You have the option to disable Facebook/Twitter Connect at any time by logging into your profile and clicking on “My Facebook/Twitter Profile.” Further, you can edit privacy settings for the reviews that appear on Facebook/Twitter or disconnect this service by visiting the Facebook/Twitter Application Settings page.
Usage of Social Networks may also be subject to the User’s agreements with providers of those web properties. You agree that we are not a party to these agreements, nor are we responsible for the content, accuracy or unavailability of any of these third party web parties.
When you visit the Website or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by fax. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
6. User Generated Content
You are solely responsible for Content that you submit to Oodles through the Website and communicate to Oodles through social media channels. Content that is illegal or prohibited on the Website includes, but is not limited to, Content (or hyperlinks to Content) that (i) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) is false, misleading or promotes illegal activities or conduct that is harassing, inflammatory, abusive, threatening, obscene, indecent, sexually explicit, fraudulent, defamatory, libelous, or which is other objectionable or which threatens our business relationships, (iii) is “spam” or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content, (iv) violates (or attempts to violate, or promotes violating) the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person, (v) contains confidential information or trade secrets, (vi) contains any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters), (vii) poses or creates a privacy or security risk to any person, or (viii) is, in Oodles’ sole determination, objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of Oodles, its equity owners, other users or third parties.
You affirm, represent, and warrant that any Content you submit to the Website complies with these requirements.
Content posted on the Website supplied by third-party users is not an endorsement by, or a representation of the views of, Oodles.
7. Service Access
Users have the right to access Oodles Services and are subject to their agreement to be bound by these Terms and Conditions. Users access and usage of third party web services, Social Networks or otherwise communicating or interacting with Users, including social media channels such as Facebook, Twitter and Google + (collectively, “Social Networks”) may also be subject to the User’s agreements with providers of those web properties. You agree that we are not a party to these agreements, nor are we responsible for the content, accuracy or unavailability of any of these third party web parties
8. Service Use
Through your use of this Site you agree that:
- You are over (13) years of age;
- You will keep information submitted to the Service, up-to-date and accurate at all times;
- You will not upload anything harmful but not limited to software, Trojans, or other malware that may be a potential threat to Oodles;
- Able to create a legal binding agreement
9. Prohibited Uses and Content of our Service
In order to ensure that all information is stored and used in proper manner there are certain user guidelines. These guidelines are in place so the site may be used and enjoyed by many. Using the site you agree that you are prohibited from the following:
- Perform any action that may compromise the integrity or security of the Service;
- Attempt to overload and crash the Service;
- Cause damage to the Site;
- Send any viruses or malicious software, Trojans, or other malware;
- Using any spider, scraper, robot or other automated or manual process of gaining access, monitoring, or copying any content from the Service;
- Will not print or recreate any information or art posted on the site without consent from Oodles;
- Use the Service to send altered, deceptive or false source-identifying information;
- Use the Service to collect, obtain, or store personal information about other Site users;
- Cause the Service to use excessively high data volume transfers or bandwidth use, including by hosting a web server, internet relay, including any other type of server;
- Use the Service in any manner that may interfere with the rights of third parties;
- Violate any copyright or intellectual property laws;
- Will not seek to harm any individuals or exploit minors in any way including but not limited to exposing them to inappropriate content;
- Abusive, harassing, tortious, infringing, defamatory, vulgar, invasive of another’s privacy, unlawful, harmful, threatening, hateful, or is racially, ethnically or otherwise objectionable;
- Engage in acts that are prohibited by law or in these Terms and Conditions set forth.
10. User Communication and feedback submission
We openly invite and encourage you to submit questions, comments, feedback, suggestions, ideas, or other information, including information and ideas about Oodles, our Site or other Oodles Service (collectively, “Services”), your submission of Ideas is voluntary, non-confidential, and does not signify a commitment. Oodles owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Content posted to the Site is moderated, will not appear immediately, and is not guaranteed to appear. We are under no obligation to you or any other person to moderate user submissions. Upon termination of your account, any content you have posted will remain posted on our Services.
11. Oodles’ Fuel Credit or Fuel Cash
Oodles customers will earn Fuel Credit which may be referred to as (“Fuel Credit” or “Fuel Cash” or “FuelCash” or “Oodles Cash”) back on all gasoline purchases and all in-store purchases. “Fuel Credit” (“Fuel Credit” or “Fuel Cash” or “FuelCash” or “Oodles Cash”) is a form of Site credit that is redeemable only towards future Oodles store fuel station purchases. There are several ways Users can earn Fuel Credits. By redeeming promotions at various Oodles retailers, customers will be rewarded with Fuel Credit. Fuel Credit can be viewed as gas money that is given to Users, helping them pay for fuel related expenses incurred by traveling to and from retailers.
When Oodles advertises Merchant campaigns, discounts, promotions, including discounts, loyalty points, rewards and/or any other incentives (collectively, “Merchant Promotions”) associated with your use of the Oodles platform, including within a Oodles App, we do so as your marketing service. Merchants retain the legal obligation to award, redeem, and/or apply Campaign Credit to Customers/Users’ purchases of goods and/or services as promised to Customers/Users.
All Campaigns run on the Oodles platform, including the manner in which Customer/User Credit is awarded, redeemed, and applied, must comply with all applicable federal, state, and local laws and regulations. Redemption or application of Campaign Credit, discounts, for gasoline and alcoholic beverages is at the sole discretion of the Merchant, and is subject to compliance with applicable federal, state, and local laws and regulations.
You, the User is responsible for ensuring the integrity of your User Account and making sure that any Fuel Credits that are earned by you are then credited to your account.
Oodles shall have the right to terminate any Campaign at any time for any reason in its sole discretion. Oodles shall have the continuing right, but not the obligation, to reject, revise, or discontinue publishing any Campaign and to require you to edit or modify the same for any reason, including, without limitation, to conform your use of Oodles to our specifications and applicable law. Unless required by law, Fuel Credits are non-transferrable and are not redeemable for cash.
Oodles may create links to other web sites or mobile applications. Oodles will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated or authorized by Oodles may have links leading to Oodles’ site. Oodles cannot control these links and Oodles is not responsible for any content appearing on these sites
13. Third-Party Links to and from Oodles
We use links to and from third party websites solely for your convenience. Oodles may not be held liable for any content on the third party sites. We are not endorsing anything that may be on these sites. Using the links we provide to third party sites you understand it is solely done at your own risk. You the user will be held liable for any association with a third party site and Oodles will hold no responsibility.
14. Disclosure of Information to Third Parties
Oodles hates spam as much as you do. Oodles does not sell, rent or lease your information to third parties for any of their marketing purposes. However, Oodles may disclose your information to the following third parties (but not limited too):
- Our Retailer Network
- Third Party Service Providers
- Companies that Acquire Our Business or Assets
- Our Affiliates
- Aggregate Information
- Law Enforcement Authorities
15. The Accessibility and Services of the Oodles Site
Oodles’ goals are to have the site available at all times for the users’ convenience. Oodles shall not be held liable if for any reason the “Site” is unavailable for reasons beyond our control such as but not limited to system failure, repairs, or any other technical problem that may occur. Oodles has the right for any reason to temporarily take down the site for technical or any other reason.
It is the sole discretion of Oodles to determine whether or not a user is in violation of the “Terms” brought forth. If we feel there has been any form of misconduct on the user side, Oodles the “Site” will take necessary action. These actions may include/consist of the following but not limited to the following:
- Immediate dismissal of your account or withdrawal of your account;
- Temporary removal or termination of your account;
- Legal action if we deem it necessary for your actions;
- Disclosure of your information to authorities.
We are not liable for actions that you may attempt or commit. Your personal information will remain with us unless the police or proper authorities request such information. We are not limited to the actions stated above.
17. Oodles User Fees
Oodles does not charge any fee to users. Oodles at any point and in our discretion begin to start charging fees for various portions of our Services.
18. Trademark Information
You agree that all of Oodles’ trademarks, trade names, service marks, and other logos and brand features (including but not limited to, “Oodles“, “Power to Save”) that are displayed via the Services (collectively, the “Trademarks“) are property of Oodles. Before any display or use of Oodles’ Trademarks, there must be consent from Oodles authorizing the use.
Merchant trademarks are the property of the respective Merchant. The display of a Merchant trademark via the Services does not necessarily mean that Oodles has a partnership with the Merchant.
19. Intellectual Property
You agree and acknowledge that Oodles owns and retains all ownership of all right, title and interest (including without limitation copyright, trademark, patent, and/or trade secret) in and to the inventions, software, hardware, technology, tools, content, Campaigns, confidential information, websites, guides, online services, trademarks, logos, data, and other materials related to the Oodles platform and Oodles Apps, other than the User content defined above, or otherwise used by us to promote, sell, generate, or distribute the use of Oodles (collectively, the “Oodles Content” or “Oodles Rewards Content), and no licenses or other rights to the Oodles Content are granted to you by your use of Oodles Services, by these Terms and Conditions, or otherwise. You shall not rent, lease, publish, license, distribute, transfer, copy, reproduce, display, or modify the Oodles Content or any portion thereof, or use such Oodles Content as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the Oodles Content, nor shall you translate, reverse engineer, decompile or disassemble the Oodles Content.
The Oodles Content shall include any custom campaigns created for you to use at Oodles merchant locations.
20. Digital Millennium Copyright Act Policy
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If Oodles receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
3925 W. Braker Lane- 3rd floor
Austin, Texas 78759
Attn: Copyright Infringement
Upon receipt of proper notification of claimed infringement, Oodles will follow the procedures outlined in these Terms and in the DMCA.
21. Disclaimer of Warranties
We will make reasonable efforts to provide all elements of the Terms and Conditions to you in compliance with the applicable description herein. OTHER THAN AS EXPLICITLY SET FORTH, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, the Oodles Services, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOU WILL ACHIEVE ANY LEVEL OF SAVINGS, PROFIT, OR REWARDS. WE DO NOT WARRANT OR GUARANTEE THAT THE OODLES WEBSITES OR SERVICES OR CUSTOMER/USER DATA WILL ALWAYS BE AVAILABLE OR OPERATE ERROR-FREE, THAT THE CAMPAIGNS WILL BE ERROR-FREE, OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THE USER RELATIONSHIP WILL BE CORRECTED. No statement, either orally or in writing, made by any of our officers, employees or agents will vary this paragraph.
22. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES ON ACCOUNT OF LOST PROFITS, LOST REVENUES OR FAILURE TO REALIZE ANTICIPATED BUSINESS BENEFITS, ARISING IN CONNECTION WITH THIS AGREEMENT, or your use of the Oodles Platform, REGARDLESS OF THE FORM OF ACTION, WHETHER OCCURRING IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MAY HAVE BEEN INCURRED. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ASSOCIATION EXCEED THE AMOUNT OF FEES PAID TO AND RETAINED BY US IN CONNECTION WITH THE AGREEMENT RELATED TO THE DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Oodles, its affiliated and related entities, and any of their officers, directors, employees and agents (“Company Indemnities”) against any claims, actions, suits, investigations, liabilities, losses, damages, costs and expenses, including but not limited to attorneys’ fees and costs (“Damages”), arising out of, relating to, or incurred in connection with, any of the following:
- Any breach or alleged breach of these Terms, or of your representations, warranties or covenants set forth herein;
- Your failure, or alleged failure, to earn rewards, or redeem credit;
- The products or services provided by you, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages;
- The Customer/User Data, or reporting or analytics services, provided by Oodles pursuant to Customer/User granted permissions, including the completeness or accuracy of such data, and/or the revocation of any applicable permission;
24. Use of Headings and Subheadings
The use of titles, headings, and subheadings is for convenience and reference purposes only. Any titles, headings, and subheadings will not limit the scope of any section of these Terms.
25. Injunctive Relief
You acknowledge and agree that any violations of these Terms and Conditions may cause Oodles immediate and irreparable harm and damages. Accordingly, and notwithstanding anything to the contrary in this Terms and Conditions or relating to the infringement of a party’s intellectual property or any other conduct that violates the Sections: Site Overview, Registration, Privacy, User Generated Content, Service Access, Service Use, Prohibited Uses and Content of our Service, User communication and feedback submission, Links, Third-party links to and from Oodles, Disclosure of information to third parties, The accessibility and services of the Oodles Site, Termination, Trademark information, Intellectual property, Digital Millennium Copyright Act Policy, Disclaimer of warranties, Limitation of liability, Indemnity, Force majeure, Assignment, General, Arbitration option, and Additional Disclosures.
These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
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 you and Oodles with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Terms and Conditions 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 Texas, or at any other location that is mutually agreed upon by you and Oodles. You agree that the arbiter will apply the laws of Texas 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 will only decide a dispute between you and Oodles. 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.
The parties are independent contractors. Except for our right to advertise on your behalf in accordance with the Terms and Conditions, this Agreement does not create any joint venture or agency, and you and we are independent contractors without the power to bind the other.
All communications between Users and Oodles, and any notices due hereunder, may use electronic means. For contractual purposes, User (a) consents to receive communications from Oodles in an electronic form, and (b) agrees that all Terms and Conditions, agreements, notices, disclosures, and other communications that Oodles provides to you electronically will satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect the Users statutory rights.
If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
28. Choice of Law and Location for Resolving Legal Disputes
Any disputes arising out of or related to this Agreement shall be governed by the laws of Texas, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Federal Arbitration Act shall govern the Arbitration provision. These Terms and Conditions are void where prohibited.
You and Oodles agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating claims
29. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- Arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- Arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
30. Force Majeure
Oodles shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
31. Additional Disclosures
No waiver by either you or Oodles of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions of our Agreement shall continue in full force and effect.
Oodles will not be liable for any default or delay in the performance of its obligations under these Terms and Conditions due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event if beyond Oodles’ reasonable control.
If you are certain that you do not want to keep saving money at our partnered retailers & gas stations and would like to delete your Oodles account email us at info@OodlesRewards.com.
Updated Terms and Conditions: September 15, 2016