Updated:  August 09, 2013

 

BING OFFERS CARD-LINKED PROGRAM TERMS OF USE

 

These terms of use ("Terms") are a contract between you and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.  Sometimes Microsoft Corporation is referred to as "Microsoft," "we," "us" or "our." These Terms, along with the terms associated with Offers, (together, this "Agreement") apply to and govern the Bing Offers Card-Linked Program ("Program") and your participation in the Program.  As further described below, we may cancel or suspend this Program at any time.

 

You accept this Agreement when you enroll in the Program. We may add to, change, or remove any part of this Agreement from time to time. If we change any material terms that would adversely affect your rights as they are presented to you in this Agreement, we will notify you, either through your Microsoft account, in an email or text message notification, or through other reasonable electronic means.  Your continued participation in the Program, including redeeming Offers at participating merchants, constitutes your acceptance of any changes to this Agreement. Please note that we do not provide warranties for the Program. This agreement also limits our liability. These terms are in Sections 10 and 11, and we ask that you read them carefully.

SECTION 12 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.

 

1.            Overview

 

The Program allows you to redeem certain deals, coupons, vouchers, or other promotional offers (each, an "Offer") that are made available by merchants (each, a "Merchant") without the need to remember coupons or coupon codes.  Just register your credit or debit card with Microsoft, and Offers will either be automatically linked to your card, or you may be required to link certain Offers.  Then use your credit or debit card to make a qualifying purchase at the participating Merchant.

 

2.            Enrollment Requirements. 

 

You can only participate in the Program if you are at least 18 years old and reside in one of the 50 U.S. states or the District of Columbia. You must have a Microsoft account in order to enroll in the Program. Microsoft accounts are subject to separate terms and conditions that you accepted when you created your Microsoft account.  To enroll in the Program, visit http://bing.com/offers ("Program Site"), log into your Microsoft account, then follow the instructions for registering your credit or debit card.

 

3.            Changes to Offers and Program.

 

We may suspend, terminate or change any aspect of the Program.  We or a participating Merchant may suspend, terminate or change the terms, conditions and availability of Offers (including Linked Offers not yet redeemed at a participating Merchant), at any time and without liability. If we terminate the Program or your access to your Microsoft account, you will not be able to redeem any Offers (including Linked Offers). 

 

 

4.            Registered Card Information

 

In order to redeem Offers through the Program, you must register a valid, eligible credit or debit* card at the Program Site by submitting information about your card that Microsoft requests (each registered and accepted Card, a "Registered Card").  By submitting Registered Card information to us, you (a) represent and warrant that you are authorized to use the Registered Card that you provided, and that any payment information you provide is true and accurate; (b) agree to update any Registered Card information so that it is always true and accurate during the time you participate in the Program; (c) agree that Microsoft may share Registered Card information with third party payment processors including but not limited to First Data, Visa, MasterCard and American Express (each, a "Payment Processor") in accordance with this Agreement; (d)  agree that the Payment Processors may monitor the transactions that occur on your Registered Card at participating Merchants; (e) agree that Microsoft, participating Merchants and Payment Processors may share with each other details about your transactions that are related to an Offer (including date, time, Merchant name and ID, and the amount of the transaction) ("Transaction Information"), and (f) agree to comply with all laws that apply to your participation in this Program. 

 

Microsoft will not charge your Registered Card for purchases at participating Merchants or for any fees for participating in the Program.  Microsoft will only retain and use Registered Card information and Transaction Information as described in this Agreement and in our privacy policies.  You may delete, add or change Registered Cards through the Program Site.  If Microsoft or a Payment Processor has reasonable grounds to suspect that the Registered Card information you provided is untrue, inaccurate or incomplete, we may suspend or terminate your participation in a Linked Offer or the Program.

 

*Please note that debit cards with the VISA or MasterCard logos are eligible as long as you sign (and do not enter a PIN) at checkout.

 

5.            Linking Offers.

 

We may make Offers available to you through a variety of sites and services.  When you click on an Offer, you will be directed to the Program Site.  After you log in to your Microsoft account, you may be required to manually "link" each Offer that you want to redeem, or some offers may be automatically linked for you to redeem (once linked, an Offer is a "Linked Offer").  When you link or redeem an Offer, you agree to the terms and conditions of that Offer.  Offers are not transferable.  Based on the terms and conditions of the Offer, you may be required to affirmatively link an Offer in order to redeem that Offer with the participating Merchant. Offers may not be automatically linked just by enrolling in the Program or clicking on the Offer.  Linking an Offer is not a guarantee or promise that you will receive the discount reflected in the Offer. You must redeem Offers in accordance with this Agreement in order to receive the discount. You will be liable for your purchase even if the Offer is rejected due to your non-compliance with the Program or Offer requirements. 

 

6.            Redeeming Offers.

 

To redeem a Linked Offer, you must use your Registered Card to make a qualifying purchase at the participating Merchant.  In other words, you will not receive your Offer on any portion paid with gift certificates, gift cards, cash, or a payment type other than your Registered Card.  Unless otherwise noted in the Offer, you may redeem each Linked Offer only once, in a single transaction.  You may, at our discretion, receive the value of the Linked Offer in one of the following ways:  (a) in most instances, as a credit on your credit or debit card statement; or (b) in limited circumstances, as an immediate credit or discount when you complete the required purchase at the participating Merchant.  If you receive a statement credit, your Registered Card will be charged the full purchase price (plus applicable taxes) at the time of purchase, and a credit will appear on your credit or debit card statement.  If you receive an immediate discount, your Registered Card will be charged the purchase price less the Linked Offer discount (plus applicable taxes).  If you fail to comply with all of the Offer and Program requirements, you will not receive the discount associated with the Linked Offer. You may not receive a credit or discount if the purchase is later returned, cancelled or otherwise modified, and Microsoft may seek return of any credit or discount provided in those circumstances. You agree to timely and accurately provide us with any information (including all receipts provided by participating Merchants for qualifying purchases) that we need to verify your eligibility for a Linked Offer. You are responsible for any taxes and charges you may incur as a result of this credit provided to you.  If you receive a credit in error, we may reverse or require return of the credit. You agree to cooperate with us in our efforts to do this. We may also reduce credit or discount provided to you without notice to adjust for any previous overpayment.

 

7.            Microsoft's Use of Registered Card and Transaction Information. 

 

 By agreeing to participate in the Program, you authorize Microsoft to use your Registered Card information, and your other Program-related information (including information about your Linked Offers and the redemption of Linked Offers) (collectively, "Program Information") and Transaction Information as follows:

a. Microsoft may share your Registered Card information and other Program Information with Payment Processors in order for Payment Processors to track your redemption activity, which Microsoft will also use to verify your eligibility to redeem a Linked Offer. 

b. Microsoft may use Program Information (including information about your Linked Offers and the redemption of Linked Offers) to provide you with customized Offers, content and advertising on the Program Site and on other sites and services, and to improve Microsoft's products and services.

c. Microsoft may use your Program Information to limit the number of Offers from a Merchant that are presented to you or for other Microsoft marketing purposes, and to administer the Program, including but not limited to identifying fraud or other potential misuse of the Program.

d. Microsoft may provide to Merchants and their representatives aggregated and anonymized Program Information relating specifically to that Merchant's Offer activity so that the Merchant can assess the results of its Offer campaign.

e. Microsoft may provide your Program Information to other companies or individuals to perform functions on our behalf. These functions may include, among other things, analyzing data; providing marketing assistance; or other business functions.

f. Microsoft may use Program Information as set forth in our privacy policies http://go.microsoft.com/fwlink/?LinkId=248686), such as, in order to respond to a request from a government authority or to assist with customer support requests.

g. Microsoft may use Transaction Information for the purposes of fulfilling an Offer, to notify you about the status of any Linked Offer, and to respond to customer support requests.

8. Merchants

 

When redeeming an Offer, please refer to the "Fine Print" and Merchant's policies, including but not limited to, guarantees, warranties, payment, shipping, delivery, taxes, and returns.  We make no warranties and disclaim responsibility for fulfillment of the transaction between you and a participating Merchant and, we disclaim any responsibility for the policy positions or business practices of any participating Merchants. When redeeming your Offers online, please remember that the participating Merchants operate their own websites with their own privacy policies and terms of use.

All returns must be made through the Merchant. We are not responsible for any returns, and all questions about purchases or returns should be directed to the Merchant.

 

9. Payment Processor's Use of Registered Card Information.

Microsoft will notify the applicable Payment Processor when you have registered a Registered Card with us and when you have a Linked Offer available for use.  The Payment Processor will then notify Microsoft when its systems have identified a Registered Card transaction at a Merchant that appears to be eligible for redemption of a Linked Offer, and Microsoft will confirm whether the transaction is eligible for the redemption.

10. NO WARRANTIES

 

MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PROGRAM. YOU UNDERSTAND THAT PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PROGRAM ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE PROGRAM. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

11. Limitation of liability

 

If Microsoft breaches this agreement, you agree that your exclusive remedy is to recover, from Microsoft or any Payment Processor, or either of their affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to the discounts in Offers that you have redeemed in compliance with this Agreement. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your participation in the Program; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

12. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES

 

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT'S, OR EITHER OF OUR LICENSORS' INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Microsoft concerning the Program or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

12.1. Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399, US. A form is available on the Legal and Corporate Affairs (LCA) website (http://go.microsoft.com/fwlink/?LinkId=245499). Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Microsoft will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Microsoft may commence arbitration.

12.2. Small claims court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.

12.3. Binding arbitration. If you and Microsoft don't resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

12.4. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Microsoft will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

12.5. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. If you are an individual and use the Program for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Program, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see the American Arbitration Association website (http://go.microsoft.com/fwlink/?LinkId=248505) or call 1-800-778-7879. To commence arbitration, submit the form available on the Legal and Corporate Affairs (LCA) website (http://go.microsoft.com/fwlink/?LinkId=245497) to the AAA. You agree to commence arbitration only in your county of residence or in King County, Washington, US. Microsoft agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

12.6. Arbitration fees and incentives.

·         12.6.1. Disputes involving $75,000 or less. Microsoft will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject Microsoft's last written settlement offer made before the arbitrator was appointed ("Microsoft's last written offer"), your dispute goes all the way to an arbitrator's decision (called an "award"), and the arbitrator awards you more than Microsoft's last written offer, Microsoft will give you three incentives: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Microsoft agree on them.

·         12.6.2. Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.

·         12.6.3. Disputes involving any amount. In any arbitration you commence, Microsoft will seek its AAA or arbitrator's fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Microsoft commences, Microsoft will pay all filing, AAA, and arbitrator's fees and expenses. Microsoft won't seek its attorney's fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

12.7. Conflict with AAA rules. This agreement governs to the extent it conflicts with the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

12.8. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court (section 12.2), an arbitration proceeding (section 12.3), or in court, if section 12.9 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.

12.9. Severability. If the class action waiver in section 12.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then section 12 won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section 12 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 12 remaining in full force and effect.

13. Laws and Jurisdiction

 

The laws of the state where you live govern the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this Agreement or the Program that are heard in court (not arbitration and not small claims court).

14. Third-party websites

 

You may be able to access third-party websites or services while participating in the Program. Microsoft isn't responsible for third-party websites, services, or content available through those third-party websites or services. You are solely responsible for your dealings with third-parties (including Merchants and Payments Processors). Your use of third-party websites or services may be subject to that third-party's terms and conditions.

15. Survival

 

Sections that by their terms apply after it ends will survive any termination or cancellation of this agreement.

16. Assignment and transfer

 

We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to participate in the Program.

17. Communications

 

This Agreement is provided in electronic form. We may provide you information in electronic form about this Agreement, the Program (including when a Linked Offer has been redeemed), and any information the law requires us to provide. We may provide required information to you: (i) by e-mail at the address you specified in your Microsoft account; (ii) by text message if you added a mobile telephone number to your Microsoft account and agreed to receive text messages from us; and/or (iii) on certain Microsoft sites.  Notices sent to you via e-mail or text message will be deemed given and received when the e-mail or text message is sent. Text messaging charges from your mobile carrier may apply.  If you do not consent to receive information electronically, you must cease participating in this Program.

 

18. Contract interpretation

 

This is the entire agreement between you and Microsoft for your participation in the Program. The Agreement supersedes any prior agreements between you and Microsoft regarding the Program. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement's section titles are for reference only and have no legal effect.

 

19. No third-party beneficiaries

 

This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Microsoft's successors and assigns and any participating Payment Processor.

20. Customer Support

 

For questions or disputes regarding the Program or Offers, please contact our customer support at bingofferssupport@microsoft.com.  Questions or disputes about any unauthorized use of your Registered Card should be directed to your card issuing bank.  Questions or disputes regarding any goods or services purchased from a participating Merchant should be directed to the Merchant that sold you the good or performed the service for you.