About alletronic
Privacy & Security – Terms of Use
These End User Terms and Conditions were last modified on July 10, 2009, and are effective immediately.
Your enrollment in and/or continuing use of the Service (as defined below) indicates your acceptance of these End User Terms and Conditions (“Terms and Conditions”) and of the collection, use, disclosure, management, and storage of your personal information in accordance with these Terms and Conditions.
1. About Digital Receipt Processing through allEtronic
Cyndigo, Corp., dba allEtronic (“allEtronic”), is herein providing to you the digital processing of receipts which will allow you to access your receipts from all participating retailers in the allEtronic digital receipt system network (“Network”) on your user account on the allEtronic website (the “Service”). This Service is offered to you free of charge for being a valued customer of participating retailer(s) in the Network. To sign up for the Service, allEtronic requires that you enroll using a valid email address either online at www.allEtronic.com or at the point of purchase with a qualified Network retailer. If you have any questions concerning the use of the information you submit upon enrollment, please e–mail us at: info@allEtronic.com.
2. Requirements for Registration
Membership in the Service is void where prohibited.
We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. If you are under the age of 18, you may register for the Service only with the involvement of a parent or guardian.
3. Payment Transaction Processing
You acknowledge and agree that your purchases from Network retailers are transactions between you and the Network retailer, and not with allEtronic or any of its affiliates. allEtronic is not a party to your purchases from Network retailers, and neither allEtronic nor its affiliates is a buyer or a seller in connection with your purchases from Network retailers.
You may not use the Service in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.
You agree that you will not use the Service in connection with any transaction that violates these Terms and Conditions, other policies or rules applicable to the Service, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the Service.
4. Limitations on the Use of Service
We may establish general practices and limits concerning use of the Service. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to provide the Service for any transaction without prior notice to you or Network retailer.
We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of transactions or the Service).
We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to these Terms and Conditions arising before or after such suspension.
5. Use of Electronic Communications
We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on the allEtronic website. You agree that we may communicate with you by means of electronic communications the following: these Terms and Conditions (and revisions or amendments), notices or disclosures regarding the Service, receipts, and any other matter relating to your use of the Service.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you either (1) when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms and Conditions, or (2) when we post the electronic communication on the allEtronic website.
For any communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Service contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
6. Disputes
You agree to release, allEtronic and its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve allEtronic or its affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Network retailer, other buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of allEtronic and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms and Conditions shall constitute a waiver of any rights, claims or defenses that you may have with respect to a transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
7. allEtronic Not a Banking Institution
allEtronic processes digital receipts on behalf of Network retailers. allEtronic is not a bank or other chartered depository institution.
8. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms and Conditions or other policies we may establish from time to time.
Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
9. No Endorsement of Products and Services
allEtronic does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any merchandise, product or service paid for by you in connection with the Service (“Products”), the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed, distributed, or processed through the Service; or (b) your ability to buy Products or Network retailers’ ability to deliver Products. allEtronic hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. allEtronic reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in allEtronic’s sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms and Conditions.
10. Indemnification
You agree to indemnify, defend and hold harmless allEtronic and its affiliates, and its and their directors, officers, owners, agents, co–branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non–compliance by you of any term of these Terms and Conditions or any of allEtronic’s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
11. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, WEBSITES, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALLETRONIC AND ITS AFFILIATES, AND THEIR AGENTS, CO–BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "ALLETRONIC PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH ALLETRONIC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ALLETRONIC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE ALLETRONIC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
12. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY ALLETRONIC PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY ALLETRONIC PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE ALLETRONIC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no allEtronic Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
13. Jurisdiction; Governing Law
These Terms and Conditions shall be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Los Angeles, California. The parties specifically exclude from application to the Terms and Conditions the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
14. Notice
In addition to the electronic communications authorized under the Section entitled, ‘Use of Electronic Communications’, statements, notices and other communications to you may be made by mail, email, postings on the allEtronic website or other reasonable means. We may also provide notices of changes to the Terms and Conditions or other matters by displaying links to notices on the allEtronic website. Notice to allEtronic may be made by mail to:
allEtronic
210 N. Malden Avenue
Fullerton, CA 92832
15. Assignment
You may not assign these Terms and Conditions or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and Conditions and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
16. Survival
Upon termination of your use of the Service for any reason, these Terms and Conditions shall survive termination.
17. Other Provisions
The failure of allEtronic to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms and Conditions, including allEtronic’s policies governing the Service referenced herein, constitute the entire agreement between allEtronic and you with respect to your use of the Service. These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than you and allEtronic and other allEtronic affiliates which each shall be a third party beneficiary of these Terms and Conditions, and no other person shall assert any rights as a third party beneficiary hereunder.
18. Privacy
The protection of your privacy is important to us. Any personal information you provide remains subject to these Terms and Conditions.
The following Terms and Conditions govern only the non–public personally identifiable information collected by allEtronic as a result of your use of or enrollment for the Service and do not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise.
Information Collection and Use by allEtronic
allEtronic collects personally identifiable information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, date of birth, e–mail address and any other information that would allow someone to identify you or contact you (“Personal Information”). Personal Information may also include information about your personal preferences, occupation, education, gender, marital status, survey responses, and your transactions or relationship with us, Network retailer(s) and the Network, and if you have been a customer of any Network retailer(s) or you have provided this type of information to allEtronic. allEtronic uses Personal Information to authenticate users and to send notifications to those users relating to the Service.
It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.
allEtronic also logs non–personally–identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the Network. This data is used to manage the website, track usage, and improve the Service. This non–personally–identifiable information may be shared with third–parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes. We may also use the information we obtain from you, including Personal Information, to tailor your experience on the Network, to display content we think may be of interest to you, or to let us customize what you see when you visit the Network, view receipts or receive emails from allEtronic according to your preferences.
We may also use a User’s email address to send updates, a newsletter, or news regarding the Service. Users may choose not to receive email of this type by alerting us at enrollment or by emailing us at: info@allEtronic.com.
Some of the aggregate data we collect in connection with the Network may be shared with advertisers and other business partners of allEtronic, but we do not give any Personal Information to them as part of the relationship except as described in these Terms and Conditions. We give Personal Information to Network retailers to enable them to tailor your experience with them, to display content they think may be of interest to you, to let them customize what you see when you visit them and for any other reason described in these Terms and Conditions. Use of tracking technology by advertisers, Network retailers and other business partners is subject to their own privacy policies.
Invitations and Other Communications to Non–users
Users of the Service can invite friends to receive the Service by sending invitation emails via our automated invitation system. allEtronic stores the email addresses that users provide so that the respondents may be added to the friend’s list of the user sending the invitations, and also to send reminders of the invitations. Recipients of invitations from allEtronic may contact allEtronic at info@allEtronic.com to request the removal of their information from our database.
You may prevent allEtronic email invitations and other messages from being sent to any email address you control by sending a single email with the subject “BLOCK EMAIL INVITATIONS” at: info@allEtronic.com. Please note that the email must come from the account you wish to block.
Use of Cookies
allEtronic uses cookies to store the preferences of users of the Service. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set — each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences — however, you must enable cookies from allEtronic in order to use most functions on the Network. Please note that allEtronic allows third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers’ use of cookies is subject to their own policies, not these Terms and Conditions.
Links
The allEtronic website and emails from allEtronic and the Network may contain links to other websites. allEtronic is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. These Terms and Conditions only govern information collected by allEtronic.
Correcting/Updating or Removing Information
Users of the Service may modify or remove any of their personal information at any time by logging into their allEtronic account and navigating to the "My Accounts" tab.
Email Choice/Opt–out
Users of the Service who no longer wish to receive updates or notifications may choose not to by sending an email at: info@allEtronic.com.
Third Party Advertising
The allEtronic website and emails from allEtronic and the Network may contain advertisements, references, and links to other websites and organizations, including Network retailers. We may also use third parties to display or serve advertising on our emails or on the Network and our web–based newsletters or other communications which you may choose to receive. Often these third parties employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use, or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. These Terms and Conditions do not cover any use of Personal Information that an advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.
Our Commitment To Data Security
allEtronic user accounts are secured by user–created passwords. allEtronic takes precautions to insure that user account information is kept private and is only shared as described in these Terms and Conditions. allEtronic uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to allEtronic and you do so at your own risk. Once we receive your transmission of information, allEtronic makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If allEtronic learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at: info@allEtronic.com.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities, and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Network and for any use of the website or any other activity or conduct in connection with the Service or the Network, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features of functions of the Service or the Network.
allEtronic does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not Network retailers or our advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to advertisers that are not Network retailers, we ask you to opt–in to do so, in which case their use of your information is subject to the advertisers’ own privacy policies. We may disclose Personal Information to affiliates and Network retailers for marketing or administrative purposes and otherwise as stated in these Terms and Conditions. You may opt–out of such disclosure by sending an email to us at: info@allEtronic.com.
Operational Service Providers
allEtronic may disclose your Personal Information to third parties for the purpose of administering and maintaining the Service. We will refer to these third parties as “operational service providers” and we use operational service providers to efficiently provide the full range of the Service, features, and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with allEtronic. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.
Other Non–Affiliated Third Parties
We will make your Personal Information available to third parties, including non–affiliated third parties and third parties that are not Network retailers, in the following limited circumstances:
- When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
- If we believe your actions violate any law, regulation, our Agreement, these Terms and Conditions, or any other services, features or functions of the Network, or if you threaten the rights, property or safety of the Network, or any of its service providers, retailers, suppliers, advertisers, customers, users, registered users or any other party;
- If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations.
Our Commitment to Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, allEtronic does not knowingly collect or maintain personally identifiable information or non–personally–identifiable information from persons under 13 years of age, and no part of the Network is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Service or the Network at any time or in any manner. If allEtronic learns that personally identifiable information of persons less than 13 years of age has been collected, then allEtronic will take the appropriate steps to delete this information.
Parents (including legal guardians) of children that enrolled for the Service or on the Network in violation of these Terms of Use who wish to terminate their child’s registration must send us an e–mail requesting same at: info@allEtronic.com that includes the parent’s name, address, telephone and e–mail address, in addition to the child’s name and e–mail address associated with the child’s User ID registered on the Network, plus the child’s date of birth. allEtronic will send a confirming e–mail to the parent via the e–mail address provided to verify that the parent wishes to terminate his or her child’s registration. The parent must then confirm by sending a reply e–mail to the designated return address. allEtronic will then terminate the child’s account but will notify the child of the termination request via e–mail and will identify the name, address, and e–mail address of the person making the request.
Special Note to International Users
The Network is hosted in the United States. If you are accessing the Network from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Network, which is governed by U.S. law and these Terms and Conditions, you are transferring your Personal Information to the United States and you consent to that transfer.
In the Event of Merger, Sale, or Bankruptcy
In the event that allEtronic is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
19. Changes and updates to these Terms and Conditions
From time to time we may make changes to these Terms and Conditions. If we make changes, we will post them (or make them available to you through a link) on the allEtronic website. Users of the Service are bound by any changes to these Terms and Conditions when they use the Service after notification of those changes has been posted.
20. Contact Information
Questions: If you have questions about these Terms and Conditions or if you do not understand any information about how we collect, maintain, use, or share your personally identifiable information, you may contact us directly by sending us an e–mail at:info@alletronic.com.
