Terms of Service

OfferIQ Terms of Service, Privacy Policy, Security and Terms And Conditions

At OFFERIQ, our relationship with you is our most important asset. We want to earn your trust by being transparent about how OFFERIQ works. You should read this policy in its entirety, but should pay particular attention to these highlights:

• OFFERIQ is designed to make it easy for you to share your information with anyone you want. You decide how much information you feel comfortable sharing on OFFERIQ and its related companies and you control how it is distributed through your privacy settings. You should review the default privacy settings and change them if necessary to reflect your preferences. You should also consider your settings whenever you share information.
• Certain categories of information such as your username, profile photo, gender, and the number of swipes you have published are considered publicly available to everyone, and therefore do not have privacy settings.
• OFFERIQ is a free service supported primarily by marketing services. We do not share, sell, trade or rent your personal information with third parties without your consent. Your privacy is not for sale. We allow advertisers to select characteristics of users they want to show their advertisements or make offers to and we use the information we have collected to serve those advertisements and make those offers. We share reports with advertisers using non-private or non-personal information collected in aggregate.

Respecting and protecting customer privacy is and has been vital to OFFERIQ’s business since its inception.  We are proud of our commitment to keep our customer information private and secure.  This document explains our Privacy Policy for OFFERIQ, an electronic service that allows you obtain and redeem electronic incentives in a convenient, consolidated and secure manner.  We want you to know how we safeguard the privacy and security of information we have about you and use it to serve you better.

Q. Who is Covered by the Privacy Policy

A. This Privacy Policy applies to consumers who are customers or former customers of OFFERIQ.

We provide our Privacy Policy to customers when they sign up for OFFERIQ Services and to then current customers annually after that. We will provide you a new privacy policy if we broaden our information sharing practices about you.

Q. What information do you have about me?

A. To provide services and to help meet your needs, we collect information about you from various sources.

• Upon registration with OFFERIQ, we receive information from you, including Customer Information and Personal Information about yourself and your accounts at other companies. This information is necessary to process and service your account and to retrieve and present your account data from the companies that you designate and to permit you to become a Reward Member and thereby obtain access to the incentives that OFFERIQ is able to provide as part of OFFERIQ Services.  For example, information collected may include your name, e-mail address, password(s) and account number(s) at the company(s) with which you conduct business. We may collect further information if the particular company with which you conduct business requires it in order to access your account(s).
• We receive information about you through your use of the OFFERIQ Services, our website, and from others that may send data about you to your OFFERIQ account. This may include information from your account(s) and transactions with OFFERIQ’s family of companies and your account(s) and transactions at other companies from which you authorized OFFERIQ to collect information.
• We may collect other information about you through other methods, for example, through customer surveys. This information may include inquiries about your consumer preferences, where you live, and your interest in receiving e-mail from OFFERIQ on new products and services. We may collect this information in order to better understand your financial needs so we can improve existing services and/or create new services.

By collecting this information, the OFFERIQ Services can obtain and organize data from the companies that you designate to enable you to view it in a convenient, consolidated and secure manner that can save you time and money. We want you to know that security and privacy are priorities in offering you the OFFERIQ Services.

Q. How do you safeguard information about me?

A. We take a number of steps to protect the privacy of information about you. Here are some examples:

• We keep information under physical, electronic and procedural controls that comply with or exceed governmental standards.
• We authorize persons and entities who do work for us or with us to get information about you only when they need it to do their work.

Q. Is information about me shared with service providers?

A. Yes, as permitted by law.  We may share information about you with outside companies that do work for us or with us. These may include firms and Merchants that provide Incentives which may be made available to you when you register as a Reward Member.

Q. Is information about me shared with financial or non-financial companies outside your family of companies?

A. No, we do not share personally identifiable information about you except as noted below.

Q. Is information about me shared in any other ways?

A. Yes. We may also share information about you in other ways, as required or permitted by law. Here are some examples of ways that we share information.

• To protect against fraud.
• To respond to a subpoena.
• To maintain or service your account.
• With your consent.

We reserve the right to share information regarding overall site usage, statistics and trends of the OFFERIQ Services with third parties or within the others within the family of companies.

Please note that OFFERIQ does not control the manner in which other companies with whom you maintain relationships use your personal information. Other companies may not maintain the same security or privacy standards as OFFERIQ. OFFERIQ is not responsible for the manner in which these companies use your personal information. OFFERIQ strongly recommends you review the security and privacy policies of the companies with which you maintain relationships.

Security

OFFERIQ has responded to our customers’ concern for privacy and security by implementing a multifaceted set of safeguards to assure that the information OFFERIQ aggregates for you remains safe and secure. The safeguards OFFERIQ employs include strict physical security and electronic security to keep your information secured and protected.

Your information is transmitted through a set of secure servers. These sites are monitored 24 hours a day, 7 days a week, 365 days a year. Access to these sites is limited to authorized personnel only. All authorized individuals go through a comprehensive background check and are issued multiple forms of identification that must be presented to gain entry to the facilities. Video cameras and security personnel also help to assure that only those authorized are allowed access.

To assure electronic security OFFERIQ utilizes a complex infrastructure of multiple security techniques. These techniques include: encryption, firewalls and intrusion detection. When information is transmitted between your computer and the OFFERIQ servers a 128 bit encryption connection is created. This is referred to as a Secure Sockets Layer (SSL) connection. SSL scrambles the information so that only the computers connected via the SSL (your computer and the OFFERIQ server) can unscramble the information. SSL encryption used in conjunction with authentication techniques further verifies that all connections are authenticated.

The PCI Security Standards Council, founded by American Express, Discover Financial Services, JCB International, MasterCard Worldwide, and Visa, has defined detailed qualifications for various levels of PCI compliance. The service provider designation for PCI Level 1 compliance indicates that all payments and credit card transactions sent through OfferIQ meet the highest standards possible for data security.

The PCI Level 1 certification process involves a rigorous audit process conducted by PCI Security Standards Council representatives. Auditors from US based Information Exchange meticulously examined and tested OfferIQ’s software architecture, ensuring that it would uphold the highest levels of security. In addition to software testing, PCI auditors also examined OfferIQ’s system and hardware infrastructure, ensuring their PCI Level 1 standards. Auditors addressed the human element and verified that OfferIQ’s staff has been properly trained on both internal and external vulnerabilities that could compromise data or credit card security.

There are several ways to determine if your browser is using a secure (SSL) connection. When SSL is in place, a secure site’s web page address will begin with ‘https’ instead of the regular web page address of ‘http’. Additionally, most web browsers display an icon of a padlock or a key in the lower portion of the screen when you are visiting a secure webpage. A secure connection will display a padlock in the ‘locked’ position or a key that is not broken; and sites that are not secure will display a padlock as ‘unlocked’ or a key that is broken.

OFFERIQ further protects its servers by implementing firewalls. Firewalls are installed at network entry points and multiple firewalls are utilized to safeguard your information once it has been received. OFFERIQ also monitors for intrusion detection.

When you register at OFFERIQ you will be asked to enter a password. Please be very careful to keep this information confidential. Should you forget your password you will need to re-register for this service. If for some reason you believe that someone has gained access to your password please notify OFFERIQ immediately.

You should always log out of the computer you are using when you are ready to leave it. To assist in the protection of your financial information displayed on OFFERIQ, OFFERIQ may utilize an automatic log out feature that disconnects you from your OFFERIQ session when there is an extended period of inactivity or when the session continues to run for an extended period of time. Should this automatic log out occur you would then be presented with an option to log on again.

Personal information.

OFFERIQ is committed to maintaining the confidentiality, integrity and security of any personal information about our users. “Personal information” for purposes of this Policy means information that identifies you, such as your full name, address, phone number, fax number or email address.

Customer Information.

OFFERIQ is committed to maintaining the confidentiality, integrity and security of any customer identification which you provide in order to enroll to receive the OFFERIQ Services.   “Customer Information” for purposes of enrollment and this Policy means any information that contains or evidences either (i) a Customer’s personal information or data; including, without limitation, a Customer’s name, Payment Instrument account number, debit card PIN number, address, social security number, or any other evidence of the Customer’s credit, debit or other card type, or (ii) encryption keys, algorithms, or information relating to the creation or assigning of “unique identifiers” that are assigned to individual accounts, any of which may be used to secure any of the foregoing types of Customer Information (the disclosure of which could lead to the disclosure of any other Customer Information).

Location Information:

You may choose to note your most recent location in your OFFERIQ profile. You can control your location information in your account settings.

Additional Information.

You may provide us with additional information to make public, such as a short biography, your location, or a picture. You may customize your account with information such as a cell phone number for the delivery of SMS messages or your address book so that we can help you find offers and incentive as well as other users you know. We may use your contact information to send you information about our Service or to market to you on behalf of third-party advertisers. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.

Registration.

Certain areas and features of OFFERIQ may be available to you without registration or the need to provide to us any information. However, other features of the Site or the OFFERIQ Services may require registration, which involves provision to OFFERIQ of an email address, username and password (collectively the “Registration Information”). In order to benefit from the full functionality of the OFFERIQ Services, you also must provide your third-party account credentials (“Account Credentials”) to allow OFFERIQ to access your account data at those other institutions (“Account Information”) for your use as well as Personal Information and Customer Information.  You agree that by providing this Information, OFFERIQ may use it in connection with providing OFFERIQ Services, in accordance and compliance with applicable laws and rules, to permit it to process transactions.

Notifications and E-Mail Newsletters.

OFFERIQ may use your information to deliver to you any administrative notices, notification alerts, weekly or daily activity summaries, and communications relevant to your use of the OFFERIQ Services. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting OFFERIQ or third-party goods or services. OFFERIQ subscribers have the ability to opt-out of receiving our promotional emails and to terminate newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts. You may not opt-out of all of these communications, which are not promotional in nature, but many such alerts can be turned off in your account settings page. If you do not wish to receive them and you cannot turn them off in your account settings page, you have the option to deactivate your account.

Contests, Giveaways and Surveys.

From time to time, OFFERIQ may offer you the opportunity to participate in incentives and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy, except as specifically set forth in the rules for those incentives or promotions. From time to time, OFFERIQ may also ask you to participate in surveys designed to help OFFERIQ improve the Site. Any personal information provided to OFFERIQ in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.

Facebook Connect.

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Log Data.

Our servers automatically record information (“Log Data”) created by your use of the OFFERIQ Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality.

Your Consent.

We may share or disclose your information, including your Personal information and Customer Information with your consent, which you are agreeing to as a part of this registration, such as when you use a third party web client to access your OFFERIQ account. Other than as described in this Privacy and Security Policy, we will not disclose your Registration Information, Account Credentials, or Account Data to any third parties.

OfferIQ Services are defined as any service performed by OfferIQ and/or a Third party whom OfferIQ has a relationship with to enable the delivery and redemption of an incentive to a consumer

Third Party Service Providers and Merchants.

We may utilize certain trusted third party service providers to assist in providing OFFERIQ Services.  We work with certain trusted merchants who provide goods and/or services which may be part of the incentives and rewards that we make available to you.  A “Merchant”  is a provider of goods and/or services who accepts payment instruments, such as credit and debit cards, as payment vehicles.  We may share your personal information with these third parties and Merchants, but only to the extent necessary to permit the provision of such assistance and the provision of such goods and/or services, and only subject to our physical, electronic and procedural controls.

Does OFFERIQ Use “Cookies”?

OFFERIQ organizes your information from various institutions in a clear and consolidated manner. In order to do so, a text file that indicates your session identification number must be utilized. This text file is called a “cookie” and resides on your hard drive. The use of these text files, or cookies, is critical to websites in identifying passwords so that functions or transactions can be securely performed. Without the use of cookies, OFFERIQ will be unable to collect your information from various institutions.

Your Web browser may alert and permit you to refuse cookies. When you receive an alert you may choose at that time to refuse that cookie. However, if the OFFERIQ cookie is refused the service will not be able to identify your password and you will be unable to utilize OFFERIQ Services.

OFFERIQ may also use cookies to evaluate our Website. OFFERIQ also uses cookies to track advertising leads and campaigns from Banner Ads and to provide incentives and other marketing information that you have requested or indicated you would like to receive. No customer identifiable information is stored on these cookies. These cookies expire at the end of the session. Customers may choose not to accept these cookies.

Correcting Your Information

Should you need to update or correct information pertaining to your account at OFFERIQ you may do so at any time after your initial registration and as often as you feel necessary. To do so simply complete the change of information form available after you log onto the site and transmit the necessary changes.

OFFERIQ consolidates your account information from the website(s) of other institution(s). Since OFFERIQ is simply relaying information to you from the institution maintaining your account for you, OFFERIQ cannot absolutely guarantee the accuracy of the information presented to you. Should a user of OFFERIQ identify an error and need to reconcile an account(s) with another institution(s), that user must do so directly with that institution(s). To make this process as easy as possible OFFERIQ has established links to the institutions with which you maintain relationships. Just click on the institution’s name and you will be routed out of OFFERIQ to the website of the institution that holds the account(s) in question. You will then be able to investigate the discrepancy directly with that institution. However, you should be aware that there are times when transactions posted at the institutions with which you maintain relationships are not yet reflected at OFFERIQ. Therefore, it is recommended that you refresh OFFERIQ prior to E-mailing or contacting that institution.

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A Reward Member is defined as any consumer who register and/or enrolls in the OfferIQ Services.

Your use, at any time, of the OFFERIQ Services or your allowing another to use OFFERIQ Services affirms your agreement with the terms and conditions of OfferIQ policies. By your registration you are becoming a Reward Member, which means that you are a customer with whom OFFERIQ has established and maintains a contractual agreement and you have voluntarily enrolled to be a Reward Member under the OFFERIQ Services and thereby obtain access to Incentives delivered, processed and redeemed pursuant to the OFFERIQ Services. A “Transaction” means the purchase by you of goods or services from a Merchant, by use of a Payment Instrument.

OFFERIQ may update the OfferIQ Term of Service from time to time and you will be notified of changes. If you continue to use the OFFERIQ Services thereafter, your continued use of the OFFERIQ Services constitutes acceptance of the changes and an agreement to be bound by OfferIQ’s Terms of Service, as amended. If you do not agree to the changes, you agree to discontinue your use of the OFFERIQ Services.

1. OFFERIQ Services and Enrolling to Receive Incentives Through OFFERIQ.

OFFERIQ provides you with a service, made available by OfferIQ, in order to (i) deliver offers of Incentives from Merchants to Reward Members, (ii) identify Transactions involving Reward Members and Incentives and (iii) process and redeem Incentives. (the “OFFERIQ Services”). With the OFFERIQ Services you are enrolling and opting in to receive the benefits of the OFFERIQ Services.  You are becoming a Reward Member and obtaining access to the incentives which are being delivered, processed and redeemed pursuant to OFFERIQ’s Services. “Incentives” are incentives, redemptions, rewards and similar benefits, from Merchants or others to Reward Members, made available in connection with particular transactions.

2. Privacy Policy

OFFERIQ respects your privacy. The information you provide us and the information we collect about you enables us to provide the OFFERIQ Services to you. It also enables OFFERIQ to give you updates about our OFFERIQ Services and other OFFERIQ services. You can view the complete terms by accessing OFFERIQ’s Privacy Policy.

3. Content You Provide

Subject to OFFERIQ’s Privacy Policy, you are licensing to OFFERIQ any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to OFFERIQ and the OFFERIQ Services. OFFERIQ may use, modify, display, distribute and create new material using such Content but only to provide the OFFERIQ Services to you. By submitting content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, OFFERIQ may use the Content for the purposes set out above.

4. Service Provider

OFFERIQ may, at any time and without notice to you, utilize one (1) or more third party service providers to assist in providing the OFFERIQ Services, including, without limitation, a third party service provider which may also be involved independently with the processing of Transactions (hereinafter referred to collectively as “Service Providers” and individually as a “Service Provider”).  .  In addition, OFFERIQ may, at any time and without notice to you, change Service Providers or cease utilizing a Service Provider and provide the OFFERIQ Services without the assistance of such Service Provider.  You agree that your personal information and account login information can be provided to Service Providers, subject to our physical, electronic and procedural controls.

IT IS ACKNOWLEDGED AND AGREED THAT SERVICE PROVIDERS ARE NOT A PARTY TO, OR BOUND BY, ANY AGREEMENT OR ANY OTHER COVENANT, WARRANTY, CONTRACT, AGREEMENT OR COMMUNICATION BETWEEN YOU AND OFFERIQ OR WHICH OTHERWISE RELATES TO THE OFFERIQ SERVICES (HEREINAFTER REFERRED TO COLLECTIVELY AS “OFFERIQ SERVICES TERMS”) AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY COVENANT, WARRANTY, CONTRACT, AGREEMENT OR COMMUNICATION BETWEEN SUCH SERVICE PROVIDERS AND OFFERIQ OR ANY OTHER PERSON OR ENTITY.  SERVICE PROVIDERS HAVE NOT UNDERTAKEN, IN CONNECTION WITH THE OFFERIQ SERVICES OR OTHERWISE, TO PERFORM ANY OBLIGATION OF OFFERIQ OR TO ASSUME ANY RESPONSIBILITY FOR OFFERIQ’S BUSINESS OR OPERATIONS, INCLUDING, WITHOUT LIMITATION, OFFERIQ’S PROVISION OF THE OFFERIQ SERVICES.  AS SUCH, SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE FOR ANY OBLIGATIONS OR LIABILITIES OF OFFERIQ, INCLUDING, WITHOUT LIMITATION, ANY OBLIGATIONS OR LIABILITIES ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE CONDUCT OF OFFERIQ’s BUSINESS, THE OFFERIQ SERVICES, THE OFFERIQ SERVICES TERMS AND/OR THE USE OF ASSISTANCE, DATA, INFORMATION OR OTHER ITEMS PROVIDED BY A SERVICE PROVIDER.  SERVICE PROVIDERS, IN ASSISTING OFFERIQ IN THE PROVISION OF THE OFFERIQ SERVICES, ARE EACH ACTING ONLY AS AN INDEPENDENT CONTRACTOR AND UNDER NO CIRCUMSTANCES SHALL A SERVICE PROVIDER BE DEEMED TO BE AN AGENT, EMPLOYEE, JOINT VENTURER OR PARTNER OF YOU OR OFFERIQ OR TO HAVE ANY RELATIONSHIP WITH YOU.

YOU HEREBY RELEASE EACH SERVICE PROVIDER (AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM ANY CLAIM, COMPLAINT, DEMAND, CHARGE, SUIT, ACTION, CAUSE OF ACTION, INJURY, DAMAGE, LIABILITY, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES OR OTHER COURT COSTS, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE CONDUCT OF OFFERIQ‘s BUSINESS, THE OFFERIQ SERVICES, THE OFFERIQ SERVICES TERMS AND/OR THE USE OF ASSISTANCE, DATA, INFORMATION OR OTHER ITEMS PROVIDED BY A SERVICE PROVIDER.  SUCH RELEASE SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR GROSS NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY SERVICE PROVIDER, STRICT LIABILITY OF ANY SERVICE PROVIDER OR FAULT OF ANY SERVICE PROVIDER.  NOTWITHSTANDING THE FOREGOING, IT IS ACKNOWLEDGED AND AGREED THAT EACH SERVICE PROVIDER IS A THIRD PARTY BENEFICIARY OF THE OFFERIQ SERVICES TERMS AND SHALL HAVE THE RIGHT (DIRECTLY, WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH OFFERIQ) TO ENFORCE THE OFFERIQ SERVICES TERMS ON ITS OWN BEHALF AND FOR ITS OWN BENEFIT.

YOU HEREBY RELEASE OFFERIQ (AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM ANY CLAIM, COMPLAINT, DEMAND, CHARGE, SUIT, ACTION, CAUSE OF ACTION, INJURY, DAMAGE, LIABILITY, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES OR OTHER COURT COSTS, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE CONDUCT OF OFFERIQ‘s BUSINESS, THE OFFERIQ SERVICES, THE OFFERIQ SERVICES TERMS AND/OR THE USE OF ASSISTANCE, DATA, INFORMATION OR OTHER ITEMS PROVIDED BY A SERVICE PROVIDER.  SUCH RELEASE SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR GROSS NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY SERVICE PROVIDER, STRICT LIABILITY OF ANY SERVICE PROVIDER OR FAULT OF ANY SERVICE PROVIDER.  NOTWITHSTANDING THE FOREGOING, IT IS ACKNOWLEDGED AND AGREED THAT EACH SERVICE PROVIDER IS A THIRD PARTY BENEFICIARY OF THE OFFERIQ SERVICES TERMS AND SHALL HAVE THE RIGHT (DIRECTLY, WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH OFFERIQ) TO ENFORCE THE OFFERIQ SERVICES TERMS ON ITS OWN BEHALF AND FOR ITS OWN BENEFIT.

Nothing contained herein or within the OfferIQ website(s) limits any rights, responsibilities, obligations or liabilities provided pursuant to separate written covenants, warranties, contracts or agreements between the Merchant and a Service Provider.

5. Passwords

When you register for the OFFERIQ Services you will choose a User ID and password. You are responsible for maintaining the confidentiality of your password. OFFERIQ employees do not have access to your User ID and password. Should you forget your password you will need to re-register for the OFFERIQ Services, unless you have enabled the automated password reset feature. The automated reset feature prompts you with a series of questions, which when answered correctly, causes the OFFERIQ Services to authorize a new password for you. You are fully responsible for all activities that occur using your password. Please notify OFFERIQ immediately of any unauthorized use of your password or any other breach of security. You should EMAIL OFFERIQ at PASSWORD@OFFERIQ.COM.  OFFERIQ will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge.

6. User Identification, Information and Registration

In order to access the OFERIQ Services, you must provide basic information; for example, information may include your personal identification number(s), password(s), E-mail address, postal code, and account number(s) at the institution(s) with which you conduct business. Further information may be required in order to access your account(s) from time to time (the information you provide is collectively referenced as “Personal Information”). You may register with the OFFERIQ Services for collection of information about your accounts (such registered accounts are hereafter collectively referenced as the “Account(s)”) which may be held by OFFERIQ or its affiliates or other unrelated third party providers such as banks, broker-dealers, credit card providers, other financial institutions, financial services providers or other information sources (collectively referred to as “Account Providing Institution(s)”). Your online Account Login Information will be collected for each Account. Account Login Information is defined as your ID(s), Password(s) and/or Personal Information Number(s) (PINs) that are specific to your Accounts. Your Personal Information and the information aggregated by OFFERIQ from your accounts at other institutions constitute transaction and experience information with OFFERIQ. You agree to provide true, accurate, current and complete information about yourself and your Accounts and you agree to not misrepresent your identity or your Account information. OFFERIQ is relying upon the accuracy of that information in order to provide the OFFERIQ Services, and to the extent the information you supply is inaccurate, incomplete or misleading, OFFERIQ will not be able to provide adequate service to you. You agree to keep your registration and Account information up to date and accurate. You will have access to the OFFERIQ Services only after OFFERIQ has received your registration information and has had a reasonable opportunity to act upon it.

7. Use of “Cookies”

OFFERIQ organizes your financial information from various institutions in a clear and consolidated manner. In order to do so, a text file that indicates your session identification number must be utilized. This text file is called a “cookie” and resides on your hard drive. The use of these text files, or cookies, is critical to websites in identifying passwords so that functions or transactions can be securely performed. Without the use of cookies, OFFERIQ will be unable to collect your information from various institutions.

Your Web browser may alert and permit you to refuse cookies. When you receive an alert you may choose at that time to refuse that cookie. However, if the cookie is refused you understand that OFFERIQ will not be able to identify your password and you will be unable to utilize OFFERIQ Services.

8. Access to Accounts

You hereby grant to OFFERIQ a limited power of attorney, and you hereby appoint OFFERIQ your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described in this Addendum, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when OFFERIQ is accessing and retrieving information from Account Providing Institutions, OFFERIQ is acting as your agent, and not the agent or on behalf of the Account Providing Institution (s). You agree that Account Providing Institutions shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

In order to utilize the OFFERIQ Services, you hereby grant OFFERIQ express permission to access the Accounts and all information and data contained therein through the use of any appropriate technology and through the use of your Personal Information and Account Login Information. You direct the Account Providing Institution(s) to provide such access to OFFERIQ and to permit the retrieval of such information and data, to the same extent as if you yourself were accessing the Accounts. You represent that your agreements with the Account Providing Institution(s)s allow you to grant the above permissions and make the above authorizations. However, you understand that the OFFERIQ Services are not endorsed or sponsored by any such Account Providing Institution(s) except for the endorsement by OFFERIQ of its own sites. You acknowledge and agree that OFFERIQ and the Account Providing Institutions(s) may maintain different types and levels of security against unauthorized access to your Accounts.

9. Account Information

You acknowledge that the information and data provided to you via the Service is created by the Account Providing Institution(s), a third party, and as such OFFERIQ has no control over the information and is not responsible for the content, the accuracy or timeliness of such information and cannot change or correct that information. Please refer directly to your Account Providing Institution(s) for the most current Account information or contact them directly relative to any information which you believe to be inaccurate or incorrect.

The data retrieved for you by OFFERIQ may include information about both FDIC-insured funds as well as non-FDIC-insured funds and this distinction may not be apparent for each of your Accounts. You should check with the Account Providing Institution(s) of a particular Account to determine whether or not there is FDIC insurance coverage. The Account information provided via the Service is not the official record or statement of the Account. Official records of any Account must be obtained directly from the Account Providing Institution(s).

10. Links to Third Party Accounts; Transactions

The OFFERIQ Services retrieve information or data on your behalf. The OFFERIQ Services provide no direct ability to conduct transactions on the Accounts.  If you wish to conduct transactions, you must leave the OFFERIQ Services and connect directly to the website of the Account Providing Institutions(s).  The OFFERIQ Services will provide links to the Account Providing Institution(s) sites so that you may conduct transactions. Once you click on any such link you will be leaving the OFFERIQ Services and OFFERIQ’s site, and OFFERIQ’s privacy and security policies, no longer apply except if you connect to a OFFERIQ site. Such links are provided for your convenience only and OFFERIQ makes no representations or warranties of any kind about the content, use of or inability to use such third party site nor does OFFERIQ assume any responsibility once you leave the OFFERIQ Services site.  All investment and other transactions with respect to the Accounts conducted at any other third party site are at your sole risk.  OFFERIQ shall have no liability, and you hold OFFERIQ harmless for any liability, with respect to any loss, penalty, fine or other damages either incurred or caused by you with respect to your transactions at an Account Providing Institution(s) including the trading, sale, exchange, or any other disposition of any securities with any third parties, however accessed.  You are solely responsible for your investment research and OFFERIQ through the OFFERIQ Services makes no representations, warranties, or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.  Prior to the execution of any transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.

11. Third Party Products and Services

From the OFFERIQ site, you may visit or be directed to other sites containing information or material that may be offensive or inappropriate to some people. OFFERIQ makes no effort to review the content of these sites, nor is OFFERIQ responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, OFFERIQ does not endorse or control the content of any other site and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that OFFERIQ does not pre-screen content, but that OFFERIQ and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the OFFERIQ Services.

12. Disclaimer of Warranties

OFFERIQ will try very hard to make your experience with the OFFERIQ Services a productive one. However, OFFERIQ cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that:

THE OFFERIQ SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE OFFERIQ SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OFFERIQ MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE OFFERIQ SERVICES OR INFORMATION, PRODUCTS AND OTHER CONTENT FOR ANY PURPOSE.  OFFERIQA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND AS TO THE OFFERIQ SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE OFFERIQ SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY AND ACCURACY WITH RESPECT TO THE OFFERIQ SERVICES, AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT.

OFFERIQ MAKES NO WARRANTY THAT (i) THE OFFERIQ SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE OFFERIQ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERIQ SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE OFFIERIQ SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERIQ SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OFFERIQOR THROUGH OR FROM THE OFFERIQ SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Lawful Use of Service

OFFERIQ provides the OFFERIQ Services exclusively for personal and noncommercial access and use by you. You warrant that you will not access or use the OFFERIQ Services in any unlawful manner, for any unlawful purpose or in violation of this Addendum or applicable laws, rules and regulations. You will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the OFFERIQ Services. You will not post, transmit, publish, disseminate, or otherwise communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person’s privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the OFFERIQ Services or the proper functioning of any software, hardware, equipment or materials used in connection with the OFFERIQ Services; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, “spam,” chain letters or pyramid schemes of any sort, to any person through the use of the OFFERIQ Services.

14. Indemnification

You shall indemnify and hold harmless OFFERIQ, and any of its employees, or affiliates, from and against any and all third party claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of or interaction with the OFFERIQ Services, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the OFFERIQ Services; or violation of this Addendum or any applicable law.

15. Limitation of Liability

IN NO EVENT SHALL OFFERIQ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE OFFERIQ SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE.  OFFERIQ WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF OFFERIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE OFFERIQ SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE OFFERIQ SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE OFFERIQ SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDING INSTITUTION, EVEN IF THE ACCOUNT PROVIDING INSTITUTION HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE OFFERIQ SERVICES.  YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD OFFERIQRESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE WITH WHOM OFFERIQMAY CONTRACT TO OPERATE VARIOUS AREAS ON THE OFFERIQ SERVICES) IN CONNECTION WITH THE OFFERIQ SERVICES.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of OFFERIQ and its employees is limited to the greatest extent allowable under applicable law in those states.

Your sole and exclusive remedy for any failure or nonperformance of the OFFERIQ Services shall be for OFFERIQ to use commercially reasonable efforts to effectuate an adjustment or repair of the OFFERIQ Services.  In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Addendum, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Addendum fail then you expressly agree that under no circumstances shall the total, aggregate liability of OFFERIQ and its employees or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (one hundred dollars) U.S., regardless of the form of action and whether in contract, statute, tort or otherwise.

16. Service Changes and Discontinuation

OFFERIQ reserves the right to change or discontinue, temporarily or permanently, the OFFERIQ Services at any time without notice. Also, after you have logged on to the OFFERIQ Services, OFFERIQ reserves the right to log you off the OFFERIQ Services if there are extended periods of inactivity or the session continues to run for an extended period of time. You agree that OFFERIQ will not be liable to you or any third party for any modification or discontinuance of the OFFERIQ Services. You have the right to discontinue use of the OFFERIQ Services at any time.

17. Proprietary Rights

You acknowledge and agree that OFFERIQ owns all rights to the OFFERIQ site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content.

18. Governing Law

This Addendum and your access to and use of the Service are governed by, subject to and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Although you acknowledge that OFFERIQ will have the ability to enforce its rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the courts, state or federal, in the State of New York, New York County, regarding any and all disputes relating to this Addendum or your access to and use of the Service.