Last Updated: April 20, 2015
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
All questions or comments about the Services or these Terms should be directed to email@example.com.
1. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services and (b) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
Some areas or features of the Services may require you to register for an account and/or create a profile. You may only register for one online account when you use the Services. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. In addition, when registering for an account or creating a profile, you agree to: provide accurate, current and complete information; maintain and promptly update your information; maintain the security of your password and other access credentials and accept all risks of unauthorized access to your account and the information you provide to us; and promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Services.
In order to complete a transaction related to gift card sales via our Services, you may be required to provide certain information about yourself and the gift cards that wish to sell (each, a "Gift Card"), including, without limitation, driver's license or other state identification information, your signature, your fingerprint and any other information requested by us (collectively, "User Data"). You agree to provide accurate, current and complete Gift Card data and User Data. You further agree that we may store and share Gift Card data and User Data to detect, investigate or prevent fraudulent or suspicious transactions, support investigations into suspected theft, fraud or other wrongdoing, prevent any action that is illegal or otherwise inconsistent with our agreements or policies and to protect the rights, property and safety of Outerwall and others. By providing Gift Card data and/or User Data, you release us and our subsidiaries and affiliates from any and all liability with respect to the collection, use, storage, disclosure and destruction of such data.
3. Gift Card Terms of Purchase
When you use the COINSTAR EXCHANGE Services, we will determine, in our sole discretion, whether to present an offer to purchase your Gift Card. All offers to purchase Gift Cards are made solely on our behalf and prices will be displayed in U.S. dollars. You acknowledge and agree that we may rely upon information you provide, or information we receive from other sources, when we make a decision about whether to present an offer and/or complete the purchase of a Gift Card. All sales are final, and there are no refunds, except as we may otherwise determine in our sole discretion, in conjunction with third-party vendor policies or as required by law. Once a transaction has been completed, we will have no obligation to return any Gift Card.
4. Your Representations, Warranties and Gift Card Sale Obligations
For any Gift Card transaction you engage in with us, you represent and warrant that:
- you are the legal owner of the Gift Card and have the right to transfer all right, title and interest in such Gift Card to us, and that nothing prevents you from selling your Gift Card to us;
- the Gift Card is free from all liens and encumbrances of any kind;
- the Gift Card has not been obtained by any unlawful means (e.g., it is not counterfeit, stolen or fraudulent; it has not been provided in exchange for stolen merchandise; and it has not been purchased with a third party's payment instrument);
- you will not retain the Gift Card’s unique alpha numerical identifier;
- you will not use or attempt to use any value associated with the Gift Card during or after the time of the Gift Card sale by you to us; and
- you will not restrict or inhibit any other potential customer from using the Services or otherwise doing business with us.
You agree that once you sell your Gift Card to us, you are transferring all rights, title and interest in and to the Gift Card to us.
We have the right to collect civil restitution from you to recover the value we paid for the Gift Card and to seek other remedies in the event we are unable to redeem the value of the Gift Card you sold to us.
You agree that if a prior transaction between you and us resulted in any monetary loss for us due to your breach of these Terms or your failure to follow our instructions regarding the Gift Card you offered for sale, we reserve the right to refuse future transactions with you or to offset future transaction amounts in order to cover such losses.
5. Copyright and Limited License
Unless otherwise indicated, all content and other materials on the Services, including, without limitation, our logos, and all designs, text, graphics, images, information, data, software and links, audio and video clips, and any intellectual property contained therein, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of Coinstar or our licensors or suppliers or users and are protected by U.S. and international copyright, trademark and other laws. You acknowledge that these rights are valid and enforceable and that you do not acquire any ownership rights by accessing or using the Services or the Materials. The term “Materials” as used in these Terms does not include third party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with Coinstar.
Unless otherwise agreed to in a writing by us, you are granted a limited, non-sublicensable license to access and use the Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Materials therein without our prior written consent; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Don Rench, General Counsel
Address of Designated Agent: 1800 114th Avenue SE, Bellevue, WA 98004
Telephone Number of Designated Agent: 425-943-8000
Facsimile Number of Designated Agent: 425-943-8090
E-mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The trademarks, logos and service marks displayed on the Services (collectively, the "Trademarks") are the trademarks of Coinstar and our suppliers and licensors. The Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Coinstar or the applicable trademark holder. For more information about Coinstar’s Trademarks, please refer to www.outerwall.com/Trademarks. Any authorized use of the Coinstar Trademarks must be in accordance with guidelines that we may provide you from time to time. The term “Trademarks” as used in these Terms do not include the trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with Coinstar.
You may not use any metatags or any other hidden text utilizing "COINSTAR," "COINSTAR EXCHANGE," "OUTERWALL" or any of our other names, Trademarks or product or service names without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Coinstar or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logos or other proprietary graphics to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Coinstar or any third party.
We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, websites linking to the Services, or the accuracy of any information provided by such third parties. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. We are not liable to you for any decisions you make or any actions you take based on the information you receive from third parties’ web sites or information contained therein.
10. Third-Party Content
We may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and we do not undertake any responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
11. Advertisements and Promotional Offers; Third-Party Products and Services
We may run advertisements and promotional offers from or involving third parties on the Services or may otherwise provide information about or links to third-party products, services or programs on the Services. In addition, we may advertise or make available through the Services certain programs that enable you to obtain gift cards, coupons, discounts or other items from third party businesses. We do not endorse or recommend any such third parties and your business dealings or correspondence with, or participation in the promotional offers of, any such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotional offers or as the result of the presence of such third parties or third-party information on the Services.
12. Contests, Sweepstakes and Other Promotions
We may from time to time administer, operate or run contests, sweepstakes, and other promotions (collectively "Promotions") on the Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.
13. User Content and Interactive Services or Areas
The Services may include interactive areas or services ("Interactive Areas") in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, Product Reviews (as defined below), graphics, applications, code or other items or materials on the Services (collectively, "User Content"). For purposes of clarification and not limitation, User Content does not mean User Data, Gift Card data or any other information you provide to Coinstar in connection with initiating or completing a transaction. You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content designed to deceive or trick Coinstar, our suppliers or other users of the Services;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose us or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Engage in fraudulent or dishonest activities in connection with the Services;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Flag content or report abuse for improper purposes;
- Send, distribute or post spam, chain letters, or pyramid schemes;
- Harvest or otherwise collect information about users, including email addresses, without their consent;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Modify, adapt, hack or emulate the Services;
- Use or attempt to use another's account without authorization from such user and us;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Develop any third-party applications that interact with User Content and the Services without our prior written consent; or
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates these Terms.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Services is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right and have absolute discretion to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
14. Product Reviews
We may provide specific opportunities for you to tell us or other users what you think about our Services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions and experiences lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.
15. Rights in User Content
If you submit or post User Content to the Services, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without any compensation to you. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate these Terms or any applicable law, rule or regulation.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about Coinstar or the Services ("Feedback"). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Coinstar. We shall own, and you hereby assign to us, all right, title and interest, including all intellectual property rights, in and to such Feedback and we shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by us (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, us of such Feedback.
17. Financial Material Disclosure
17.1. Forward-Looking Statements. The Services, and any documents issued by us and available through the Services, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our expectations as of the date such forward-looking statements are made. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in our most recent Annual Report on Form 10-K and any subsequent Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission, including information contained under the section captioned "Risk Factors", identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. We undertake no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
17.2. Press Releases. The information contained within press releases issued by us should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
17.3. Third-Party Financial Information. We may provide links to third-party websites or services that contain financial or investment information about us. Access to such websites and the information contained therein is provided as service to those interested in the information. We neither regularly monitors nor have control over the content of third parties' statements or websites. Accordingly, we do not endorse or adopt these websites or any information contained therein, including, without limitation, analysts' reports and stock quotes. We make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Services. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Coinstar and our affiliates, subsidiaries, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, "the Coinstar Parties") from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) any User Content or Feedback you provide, (c) your violation of these Terms, or (d) your violation of the rights of any third party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COINSTAR OR THE COINSTAR PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COINSTAR AND THE COINSTAR PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS CONTAINED THEREIN EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
21. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
22. Modifications to the Services
We reserve the right to change the Services and the Materials and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice, obligation or liability to you.
23. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION 23 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH COINSTAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COINSTAR.
23.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Coinstar agree: (a) to waive your and Coinstar's right to have any and all disputes arising from or connected to these Terms and/or the Services (collectively, "Disputes") resolved in a court; and (b) to waive your and Coinstar's right to a jury trial. Instead, you and Coinstar agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
23.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND COINSTAR AGREE THAT DISPUTES ARE PERSONAL TO YOU AND COINSTAR, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND COINSTAR AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
23.3. Federal Arbitration Act. You and Coinstar agree that these Terms affect interstate commerce and that the enforceability of this Section 23 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
23.4. Process. You and Coinstar agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to Coinstar shall be sent by certified mail or courier to Outerwall Inc., Attn: General Counsel, 1800 114th Avenue SE. Bellevue, WA 98004. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Coinstar cannot agree to resolve the Dispute within thirty (30) days of Coinstar receiving your notice, then either you or we may, as appropriate pursuant to this Section 23, commence an arbitration proceeding or file a claim in court. You and Coinstar agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arise; otherwise, you and Coinstar agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and Coinstar agree that (1) any arbitration will occur in King County, Washington, which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in King County, Washington will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
23.5. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
23.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
23.7. Severability. If any provision of this Section 23 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 23.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
23.8. Changes. Notwithstanding the modification-related provisions in these Terms, if we revise the dispute resolution provisions of the Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Coinstar with written notice of such rejection by writing to: Outerwall Inc., Attn: Legal, 1800 114th Avenue SE. Bellevue, WA 98004. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 23. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.
24. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington (except for small claims disputes, which may be filed in small claims courts in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent future your access to and use of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.