Terms of Use

Terms of Use

Terms of Use
GeneralContentYour Use of the Site or ServicesModificationsInformationDisclaimersLimitation of LiabilityIndemnificationAdditional Terms of Use for Online Credit InformationAdditional Terms/EULALinks to or Connections with Third Party Sites or ApplicationsMonitoring of our Sites and Services and Disclosure for Administrative and Legal ReasonsTermination of UseCopyright PolicyDispute Resolution and ArbitrationMiscellaneous

Last Review/Update: March 11, 2019

General

Valassis Digital Corp. (Valassis Digital, we, us or our) provides digital advertising technology, data, offers,communication and services (our Services) that allow advertisers to more effectively target ads to end users on thewebsite they visit and applications they use. We also maintain websites, including https://valassis.com,and maintain mobile applications and platforms that provide information about us and our Services (collectively, ourSites).

These Terms of Use govern the use of our Sites. If you do not agree to the terms and conditions set forth below,please do not use the Sites, Services or any information contained therein. By using the Sites, Services or theinformation contained therein you agree to these Terms of Use set forth below. The Services and Sites are ownedand/or operated by Valassis Digital Corp., and we reserve the right in our sole and absolute discretion to makechanges to how we operate and provide the Sites or any of the Services we provide.

These Terms of Use include an agreement to resolve any disputes through binding arbitration that includes a classaction waiver as well as important disclaimers and limitations of liability.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork,computer code and other content and materials (collectively, “Content”), including, but not limited to, the design,structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on theSites or Services is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patentand trademark laws, and various other intellectual property rights and unfair competition laws. Except as expresslyprovided in these Terms of Use, no part of the Sites or Services and no Content may be copied, reproduced,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way,including mirroring, to any other computer, server, website or other medium for publication or distribution or forany commercial enterprise, without our express prior written consent.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or otherinformation displayed or distributed through the Sites or Services. You acknowledge that any reliance upon any suchopinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in oursole discretion, to correct any errors or omissions in any portion of the Sites or Services. We do not and cannotreview all materials or information posted to the Sites or Services by users, and we are not responsible for anysuch materials or information posted by users. However, we reserve the right at all times to disclose any materialsor information as necessary to satisfy any law, regulation or government request or requirement, or to edit, refuseto post or to remove any materials or information, in whole or in part, that in our sole discretion isobjectionable or in violation of these Terms of Use. Notwithstanding, you may print or download one copy of theinformation on the Sites solely for your personal non-commercial home use, provided you keep intact all copyright,trademark and other proprietary notices.

All registered trademarks ®, trademarks ™ and service marks that may be used featured on the Sites or Services toidentify the products and services of other companies are the property of their respective owners. Valassis Digitalmakes no claims to these trademarks ®, trademarks ™ and service marks. We reserve the right to add additionaltrademarks ®, trademarks ™ and service marks that identify products and services featured on the Sites or Services.

Your Use of the Site or Services

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithmor methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of theSites, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation ofthe Sites, Services or any Content, to obtain or attempt to obtain any materials or information through any meansnot purposely made available through the Sites or Services. We reserve the right to bar any such activity. You maynot attempt to gain unauthorized access to any portion or feature of the Sites or Services, or any other systems ornetworks connected to the Sites or Services or to any of our servers, or to any of the services offered on orthrough the Sites or Services, by hacking, password “mining” or any other illegitimate means. You may not probe,scan or test the vulnerability of the Sites or Services or any network connected to the Sites or Services, norbreach the security or authentication measures on the Sites or Services or any network connected to the Sites orServices. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor tothe Sites or Services, or any other customer of ours, including any account not owned by you, to its source orexploit the Sites or Services or any service or information made available or offered by or through the Sites orServices, in any way where the purpose is to reveal any information, including but not limited to personalidentification or information, other than your own information, as provided for by the Sites or Services. You agreethat you will not take any action that imposes an unreasonable or disproportionately large load on theinfrastructure of the Sites or Services or our systems or networks, or any systems or networks connected to theSites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere withthe proper working of the Sites or Services or any transaction being conducted on the Sites or Services, or withany other person’s use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers inorder to disguise the origin of any message or transmittal you send to us on or through the Sites or Services. Youmay not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.You may not use the Sites or Services or any Content for any purpose that is unlawful or prohibited by these Termsof Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or therights of others. You shall not link these Terms of Use to any other site without the express prior writtenapproval of us.

Modifications

We may change these Terms of Use at any time and such changes will be effective immediately upon posting. Youshould check these Terms of Use periodically because your continued use of the Sites or Services will be deemedacceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, youshould discontinue use of the Sites or Services.

Information

We make an effort to keep the information on the Sites or Services reliable and accurate, but do not guaranteethe reliability or accuracy of any of the information on either the Sites or Services or on sites that are linkedto the Sites or Services. We cannot and do not guarantee the reliability or accuracy of information provided bythird-parties through the Sites or Services, including credit report or credit score information provided by creditreporting agencies or other business partners.

We also do not guarantee that the files or information available for downloading are free of infection fromviruses or other harmful components. We shall not be liable for any errors or delays in the content, or for anyactions taken in reliance thereon. All coupons, offers and promotions on the Sites or Services are subject tochange without notice. We provide you, our visitors, a venue for obtaining the information contained on the Sitesor Services and has no control over the legality of any coupons or other offers made by us, the ability of any ofthe other companies to complete the sales or services in accordance with the offers, or the quality of the goodsand/or services offered by the other companies. We have no control over whether the other companies will honor theoffers and coupons shown on the Sites or Services and do not guarantee the accuracy or completeness of thematerials or information contained on the Sites or Services. In the event you have a dispute with another companyin any way relating to the Sites or Services or the use of materials or information from the Sites or Services, youagree to waive and release us from any and all claims, demands, actions, damages, losses, costs or expenses ofevery kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Disclaimers

WE PROVIDE THE SITES, SERVICES, CONTENT, AND ALL CONTENT AVAILABLE THROUGH THE SITES OR OUR SERVICES “AS IS” AND“AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE (INCLUDING OUR AFFILIATES) DISCLAIM ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISINGOUT OF COURSE OF DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OURAFFILIATES) DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BECORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES, SERVICES, OUR CONTENT, OROTHERWISE AVAILABLE THROUGH THE SITES OR OUR SERVICES WILL CREATE ANY WARRANTY REGARDING US (OR OUR AFFILIATES) ORANY OF THE SITES OR OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU USE THE SITES OR OURSERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SITESOR OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USEOF OR ACCESS TO SITES OR OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SITESOR OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM ORMOBILE DEVICE USED IN CONNECTION WITH THE SITES OR OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USEOF THE SITES OR OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SITES OR OURSERVICES.

Limitation of Liability

WE (INCLUDING OUR AFFILIATES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESSINTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR OUR SERVICES OR THEUSE OR INABILITY TO USE ANY OF THE FOREGOING EVEN IF WE (INCLUDING OUR AFFILIATES) HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF US (INCLUDING OUR AFFILIATES) TOYOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF THE SITES OROUR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED YOUR ACTUAL, OUT-OF-POCKET EXPENSES OR DAMAGES.

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE TOTAL LIABILITY OF US (INCLUDING OUR AFFILIATES)FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATESTEXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You will defend (if requested by us), indemnify, and hold us harmless (including our affiliates) and ourrespective officers, directors, equity holders, employees, agents and licensors (collectively, the “ValassisParties”) from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ feesand costs, incurred by the Valassis Parties in connection with any claim by a third party arising out of or in anyway related to: (1) your use of the Sites or our Services; (2) your violation or alleged violation of these Termsof Use, your violation or alleged violation of our Privacy Policy or your violation or alleged violation of anyapplicable law; (3) your infringement or alleged infringement of any intellectual property or other right of anyother person or entity; or (4) any dispute between you and a third party, including any provider of third partycontent. You must not settle any such claim or matter without our prior written consent. The Valassis Partiesreserve the right, at their own expense, to assume the exclusive defense and control of any matter subject toindemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Additional Terms of Use for Online Credit Information

We provide certain online credit information through the Sites and Services including (i) a free credit scorefrom a major credit bureau (plus free credit monitoring), along with factors impacting your credit score and (ii)access to certain financial offers from our marketing partners.

In order to receive the online credit information you will need to register for an account. By registering, youcertify that:

  • You are 18 years of age or older
  • You have a valid U.S. Social Security number
  • Any information you provide to us, both when you register and in the future, is and will be true, accurate,current and complete
  • You are only registering an account for yourself
  • You will keep all information up to date

You must not sell, transfer, or assign your account to anyone else.

When you register, you authorize us to create and maintain an account in your name using your accountregistration information and other information that may be collected about you in accordance with our PrivacyPolicy as part of providing credit information (collectively, such information is your “Profile”). By registering,you also specifically consent to let us request and receive your consumer report data and other data about you fromthird parties to include in your Profile as follows:

I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and otherapplicable law for Valassis Digital Corp. (including its affiliated companies) to request and receive copies ofconsumer reports, scores and related information about me from third parties, including, but not limited to,TransUnion. I understand that my instructions let Valassis Digital and its affiliated companies obtain suchinformation at any time for as long as I have a client account to use as described in the Terms of Use and PrivacyPolicy.

As described in our Privacy Policy, you expressly consent and request that Valassis Digital and its affiliatedcompanies obtain your credit report, credit score, and other relevant information in order to analyze, sort, andpresent certain information or features to you. With respect to offers from our marketing partners, we do notguarantee that you will be presented with offers for any particular types of products or services or that you willmeet the approval criteria for any particular offer. It is always your choice whether to apply for a product orservice offered by our marketing partners and we will never submit an application for a product or service to amarketing partner on your behalf without your consent. All credit information is presented through the Sites and/orServices for educational purposes only. We do not guarantee that the information we present through the Sites orServices, including credit report or credit score information, is the same information that may be used or reviewedby a third party to assess your creditworthiness or eligibility for any particular product or service or foremployment. We are not a credit repair organization, credit counselor, or financial or legal advisor as definedunder federal or state law, and we do not offer credit. Use of the Sites or Services is not a replacement forpersonal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.You must comply with all applicable laws when using the Sites and/or Services. You are not permitted to use theSites and/or Services to obtain any consumer credit report, score or other consumer credit information under falsepretenses or in violation of the Fair Credit Reporting Act or applicable state or federal law.

If you decide you want to deactivate your account you can opt-out of these solutions by simply sending us aninternet message with the request to ValDigital-Privacy@valassis.com.

YOU ACKNOWLEDGE THAT WE ARE SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHERINFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEENYOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OROMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS,CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.

Additional Terms/EULA

If you download any software, driver or application from one of our Sites or Services, you must read and agree tothe terms of our End User License Agreement (EULA) prior to use. Please read the EULA carefully. It containsimportant information about your rights and obligations regarding your installation and use of such software,drivers or applications. These Terms of Use are incorporated by reference into the EULA.

Our Sites, Services or communications to you may contain third party content or links to third party sites,applications or services (collectively, “Third Party Content”). The Sites, Services or our communications to youmay also include features that allow you to connect with accounts or services provided by third parties(collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or ThirdParty Services, and we are not responsible or liable for any Third Party Content or Third Party Services, includingany damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or ThirdParty Services. Your interactions and business dealings with the providers of the Third Party Content or ThirdParty Services, including products or services offered by such third parties, are solely between you and the thirdparty. You should review all of the relevant terms and conditions associated with Third Party Content or ThirdParty Services, including any privacy policies and terms of service. We are not responsible for any informationthat you agree to share with third parties in connection with Third Party Content or Third Party Services.

Monitoring of our Sites and Services and Disclosure for Administrative and Legal Reasons

We have the right, but not the obligation, to monitor our services electronically. We may access, use, preserve,transfer or disclose, at any time and without notice to you, any information (including Personal Information asdefined in our Privacy Statement) as reasonably necessary to: (1) comply with any applicable law, regulation,subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believesuch action is required or permitted by law; (2) enforce the Terms of Use, including to investigate potentialviolations; (3) protect the safety, integrity, rights, or security of our clients, our services or equipment, orany third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to ourservices or the services of our business partners.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Sites or Services at any time. Wereserve the right to change, suspend, or discontinue all or any aspects of the Sites or Services at any timewithout prior notice.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietaryinformation without obtaining the prior written consent of the owner of such proprietary rights. In operating theSites and Services, we may act as a “services provided” (as that term is defined by the Digital MillenniumCopyright Act (“DMCA”)) and offer Services as an online provider of materials and links to third-party websites. Asa result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwisemade available using the Sites or Services. We have adopted a policy that provides for the immediate removal of anycontent or the suspension of any user that is found to have infringed on our rights or the rights of a third party,or that has otherwise violated any intellectual property laws or regulations or any of these Terms of Use. Wereserve the right to remove any content contained in or posted to the Sites or Services that we determine in oursole discretion does or may allegedly infringe another person or entity’s copyright, trademark, celebrity materialor other rights. Notices to us regarding any alleged infringement on the Sites or Services should be directed to usat ValDigital-Privacy@valassis.com. To submit an infringement notification, you must be the copyright or trademarkowner or celebrity or an authorized agent of the copyright or trademark owner or celebrity, and must provide us thefollowing information:

  • >Identification of the copyrighted work, trademark or other intellectual property that you claim has beeninfringed (e.g., a link to your original work or clear description of the materials allegedly being infringedupon);
  • Identification of the infringing material and information reasonably sufficient to permit us to locatethe material on the Sites or Services;
  • For notifications of trademark or trade dress infringement;
    • A copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office;
    • Description of the confusion (e.g., passing off as your company, including specific descriptions of contentor behavior);
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyrightowner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate andthat you are the copyright or intellectual property owner or authorized to act on the copyright or intellectualproperty owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright orother intellectual property interest.

With respect to claims of copyright infringement, we will respond expeditiously to investigate the materialclaimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between thenotifying party and the alleged infringer who provided the content. Please be aware that under section 512(f) of theDMCA, 17 U.S.C. 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or ourusers, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whetherthe material you are reporting is, in fact, infringing, you may wish to contact an attorney before filing anotification with us.

Our response to notices of alleged infringement may include the removal or restriction of access to the allegedlyinfringing material. If we remove or restrict access to user content in response to a notice of allegedinfringement, We will make a good faith effort to contact the affected account holder with information concerningthe removal or restriction of access, along with instructions for filing a counter-notification (as applicable).

Dispute Resolution and Arbitration

In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you andwe agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration.You and we further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of thisarbitration provision. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitratorinstead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limitedreview by courts. Arbitrators can award the same damages and relief that a court can award. This agreement toarbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, and/or youraccess to, or use of, the Sites or Services, whether based in contract, tort, statute, fraud, misrepresentation, orany other legal theory, and regardless of when the claim arises. The arbitrator also has exclusive authority toresolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitrationagreement.

YOU UNDERSTAND AND AGREE THAT YOU AND VALASSIS DIGITAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSOUNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION RELATING TO ANY ACTION ORCLAIM THAT MAY ARISE IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO, OR USE OF, THE SITES OR SERVICES.

Despite the provisions of this Section 16 above, you and we both agree that nothing in these Terms of Use will bedeemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in smallclaims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or localagency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) tofile a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our services oraddress an intellectual property infringement claim.

Any arbitration between you and Valassis Digital will be governed by the FAA, the Commercial Dispute ResolutionProcedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of theAmerican Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA.The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or bycontacting Valassis Digital at ValDigital-Privacy@valassis.com.

A party who intends to seek arbitration must first send a written notice of the dispute to the other by certifiedmail (“Notice”). Valassis Digital’s address for Notice is: Valassis Communications, Inc., 19975 Victor Parkway,Livonia, MI 48152, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim ordispute; and (b) set forth the specific relief sought (“Demand”). You and Valassis Digital agree to use good faithefforts to resolve the claim directly, but if you and Valassis Digital do not reach an agreement to do so within 30days after the Notice is received, you or we may commence an arbitration proceeding. The arbitration proceedings,including any exchanged materials, shall be confidential and you and Valassis Digital agree to use reasonableefforts to streamline the proceedings, including discovery, consistent with the objectives of efficient disputeresolution.

If you commence arbitration in accordance with these Terms of Use, payment of any fees will be governed by the AAARules. Any arbitration hearing will take place at a location to be agreed upon in Michigan, but if the claim is for$10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely onthe basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) byan in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address.Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned writtendecision sufficient to explain the essential findings and conclusions on which the decision and award, if any, arebased. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expensesat any time during the proceeding and upon request from either party made within fourteen (14) days of thearbitrator’s ruling on the merits.

YOU AND VALASSIS DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUALCAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Valassis Digital agree otherwise, the arbitrator may not consolidate more than oneperson’s claims or otherwise preside over any form of a representative or class proceeding. If Valassis Digitalmakes any future change to this arbitration provision (other than a change to its address for Notice), you mayreject the change by sending us written notice within 30 days of the change to Valassis Digital’s address forNotice, in which case your account with Valassis Digital will be immediately terminated but this arbitrationprovision, as in effect immediately prior to the amendments you reject, will survive. If any provision of thisSection 16 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to thegreatest extent possible and the remaining provisions will remain in full force and effect.

Miscellaneous

You may not use the Sites or Services and may not accept these Terms of Use if (a) you are not of legal age (atleast 18 years old) to form a binding contract with Valassis Digital, or (b) you are a person barred from receivingthe services under the laws of the United States or other countries including the country in which you are residentor from which you use the services.

We control and operate the Sites and Service from the United States and we make no representations or warrantiesthat the information, products, or services provided through our services or our content are appropriate for accessor use in other jurisdictions. You are not permitted to access or use our services in any jurisdiction or country ifit would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or anyregistration requirement with, such jurisdiction. We reserve the right to limit the availability of our Sites andServices or the provision of any of our content to any person, geographic area, or jurisdiction, at any time and inour sole and absolute discretion.

These Terms of Use shall be governed by the laws of the State of Michigan (without regard to the rules governingconflicts or choice of laws). They contain the entire understanding and agreement of the parties relating to thesubject matter. In the event that any provision of these terms and conditions is determined to be invalid,unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms andconditions shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shallbe deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuseis claimed.