Privacy Policy & Terms of Service

The Privacy Policy was updated on February 12th, 2010. While the word "privacy" may mean different things to different people, we believe that once you understand how we use your information, the steps we take to protect it, and the resulting benefit to you, you will not only feel confident when sharing information with us, but will also find your participation in the Program a most rewarding experience.

Acknowledgment & Acceptance

By enrolling and/or using the Finders Keepers membership card, including activating your card for participation in the Finders Keepers Program ("Finders Keepers"), you agree that you have read and understand this Agreement ("Agreement") and that your membership shall conform to its terms and conditions.

The Finders Keepers Program, and Finders Keepers website at www.finderskeeperscard.com are owned and operated by Finders Keepers, LLC. We welcome questions and comments about our Privacy Policy. If you want to contact us, we can be reached via email at: webmaster@finderskeeperscard.com

Cardholders ("Members") are any individual who acquires a Finders Keepers card and uses it for savings (either discounts, coupons, or rewards) at merchants advertised on the Finders Keepers network ("Merchants" or "Advertisers"). Cardholders must activate their membership card over the Finders Keepers website or by phone in order to spend reward credits earned at participating merchants. Members may earn rewards by taking advantage of reward or reward earning opportunities at select participating Merchants that offer savings to cardholders.

Access to Personally Identifiable Information (PII)

PII refers to any information that can be used to identify you as an individual in any way. Enrollment in the Finders Keepers Program is contingent upon your agreeing to the Terms of Service and providing basic registration information, including: first and last name, email address, age range, gender, zip code and country. All other information requested of you during your participation in the Program is optional. Finders Keepers, LLC reserves the right to send Members messages from time to time. Such messages may include Finders Keepers system updates; flash bulletins; order confirmations; merchant editorial profiles, administrative announcements; special requests and other similar messages ("Administrative Messages") and may be sent via email or regular mail. Members can elect to stop receiving email directly from Finders Keepers, LLC by unsubscribing to the general Finders Keepers newsletter.

In order to provide you with information about offers and services among merchants you patronize regularly, we may provide certain of your PII to specific advertisers enrolled in the Finders Keepers Program to allow them to provide important information about products and services that would be of interest to you. By enrolling in Finders Keepers and activating your Finders Keepers card, certain PII elements may be shared among participating Merchant(s) whom you patronize. These fields include name, home mailing address, and email address. Merchant(s) may use this information to communicate with you regarding new product announcements, sales, special events, or notifications when a reward level has been achieved, and other Administrative Messages the Merchant feels you would find useful and valuable. You can elect to stop receiving email directly from participating Merchants by unsubscribing to newsletters received directly from the Merchant.

Finders Keepers, LLC will only permit access to your PII to participating Merchants whom you frequent and allow credits to be added to your card by presenting it at the Point of Sale. Other then merchants whom you frequent, we do not rent or sell your Personally Identifiable Information (PII) to anybody without your express consent. You will not be contacted by outside third parties without your permission as a result of your participation in the Program.

In the event either we, or a participating advertiser, are unable to capture your transaction detail, we may need to provide certain of your PII to the advertiser to validate your transaction with them to ensure that your account is credited with the correct number of points and/or credits. However, before any PII is provided to an advertiser for any such purpose, the advertiser will be contractually bound to observe the strict requirements of the Finders Keepers, LLC Program.

Finders Keepers, LLC may keep all information collected in accordance with this Privacy Statement indefinitely. Upon cancellation of your Finders Keepers account, all PII for your account is purged from our records.

Finders Keepers, LLC will provide convenient access to the PII provided by you during enrollment in the Finders Keepers Program for your review and correction. To access your Finders Keepers account info, please login to the Cardholder Login area on the homepage or contact webmaster@finderskeeperscard.com

Terms of Participation

Only individuals residing in the U.S, may become a cardholder and enroll in Finders Keepers Rewards. Corporations or other business entities are not eligible to become Members.

Finders Keepers membership and its right to use is limited to one individual per Finders Keepers account (unique cardholder).

Finders Keepers membership allows only one email address per Member.

Member agrees to provide only true and accurate information to Finders Keepers, LLC (including to its advertisers and partners) at all times.

Member agrees to comply with the terms of all Finders Keepers and Finders Keepers advertiser and partner offers, promotions, and programs at all times.

Member agrees not to abuse Finders Keepers privileges by conduct which is detrimental to the interests of Finders Keepers, including without limitation attempting to accrue Points or Credits or spend Credits in a manner inconsistent with the rules of Finders Keepers or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Finders Keepers award links, etc.

Finders Keepers, LLC reserves the right to terminate or disable, at Finders Keepers LLC's sole discretion, any Finders Keepers membership if Finders Keepers, LLC believes such Member has violated or acted inconsistently with the rules of Finders Keepers, LLC or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points and/or Credits. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points and/or Credits.

Finders Keepers, LLC shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points and/or Credits) shall be final and binding.

Points and/or Credits may be spent only on rewards as offered through participating Finders Keepers Merchants at the time of redemption.

Finders Keepers, LLC and participating Merchants reserve the right to limit the redemption of specific rewards and limit the number of rewards available at any particular spending level.

Points and/or Credits will be subtracted from Member's account once the reward is redeemed.

Once used to claim a reward, Points and/or Credits will not be reinstated to Member's account.

In conjunction with renewing Member's Finders Keepers membership, Member agrees to confirm that all information in Member's personal profile is up-to-date and accurate.

Member agrees to promptly notify Finders Keepers, LLC of any change in Member's address (mail or email) or personal profile by updating his or her personal information at the Update Account Info section of the Cardholder Login area of the Finders Keepers website.

Finders Keepers, LLC reserves the right to cancel or disable accounts and expire unredeemed Points and/or Credits in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (click through), survey completion, profile update or any Point/Credit-earning or spending transaction.

Member shall comply with all laws, rules, and regulations that are applicable to Member.

Member acknowledges that Member may only participate in Finders Keepers if and to the extent that such participation is permitted by such laws, rules, and regulations. Finders Keepers, LLC refuses to enroll Member, or to restrict, modify, or terminate Member's participation in Finders Keepers, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in Finders Keepers could violate any law, rule, or regulation..

Disclaimer of Warranties

Member expressly agrees that use of Finders Keepers is at the Member's sole risk. Finders Keepers and all services offered therein are provided on a strictly "as is" and "as available" basis. Finders Keepers, LLC MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH Finders Keepers, LLC OR THROUGH Finders Keepers ADVERTISERS OR PARTNERS; THAT Finders Keepers, LLC WILL MEET MEMBERS' REQUIREMENTS; OR THAT Finders Keepers, LLC WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES Finders Keepers, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Finders Keepers OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Finders Keepers, LLC. Finders Keepers, LLC expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Finders Keepers, LLC shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Finders Keepers advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Finders Keepers, LLC or through participating Finders Keepers Merchants shall create any warranty not expressly made herein.

Limitation of Liability

Finders Keepers, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN Finders Keepers REWARDS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Finders Keepers, LLC is not responsible for damages or losses that result from participating or inability to participate in Finders Keepers, or reliance on or use of information, services, or merchandise provided on or through Finders Keepers.

Member acknowledges and agrees that Finders Keepers, LLC neither endorses the contents of advertisements or third parties' Websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

Finders Keepers, LLC is not responsible and assume no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points and/or Credits.

In no event shall Finders Keepers, LLC's liability, either jointly or severally, exceed $1, which is the wholesale value of printing the Finders Keepers membership card.

Participation in Promotions of Advertisers and Partners

Member's correspondence with or participation in Point/Credit earning opportunities at Merchants are solely between corresponding Member and the Merchant. Finders Keepers, LLC assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

Member understands that, in some cases, there may be delay in the crediting of Points and/or Credits for promotions of Merchants due to the merchant's terminal failing to provide necessary information to Finders Keepers, LLC for such crediting of Points and/or Credits. Both Finders Keepers, LLC and AmeriCardGold will not be responsible or liable for the delay or failure to credit Points and/or Credits in such event.

Anti-SPAM Policy

We have a strict policy on unsolicited email. Because email is an integral part of the Program, by activating your Finders Keepers, you'll be eligible to receive email from only those Merchants you patronize in the Finders Keepers Network by giving that merchant your Finders Keepers card to swipe through their terminal at the Point of Sale. If you later decide you wish to cease receiving communications from either Finders Keepers, LLC or specific participating Merchants, you may do so at any time by following the opt-out instructions contained in the email communication. Please note that opting not to receive email from either Finders Keepers, LLC's monthly Finders Keepers newsletter or directly from merchants does not exempt you from receiving administrative emails that include but are not limited to, notices about vital program and membership status changes or alterations to our Terms of Service.

Use of Cookies

We use "cookies" to personalize the Program to your interests, and most importantly, to ensure that only you can access your account. We also review "log-file" data to monitor site performance and analyze traffic patterns and usage of our site. We enhance your use of the Finders Keepers Website by bringing certain advertising, promotions and marketing messages to you as you use our site. We also tailor your experience at our site by collecting anonymous data through the use of cookies that track user activity. Our cookies contain no information about you; instead, they assign you a unique number with no meaning outside of the Finders Keepers network. Finders Keepers, LLC uses this number to track, for example, your exposure to particular merchant banners so you are not exposed to the same merchant message over and over again, and to target ads, promotions and other marketing messages that may be of interest to you. All users who receive a merchant message targeted by Finders Keepers, LLC's technology remain completely anonymous.

Third Party Services

To enhance the value of the Finders Keepers service to its Members, Finders Keepers, LLC may use trusted third parties to collect, process and store your PII for the purposes of data verification and supplementation. Data verification involves the use of a third-party data processing services to standardize and clean your provided enrollment information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.

We might seek out any information about you that is publicly available on the open market and overlay this data onto ours for comparison purposes. Information collected in this manner could include your spending habits from a mail-order catalogue, demographic information you provided in entering a sweepstakes, or your financial history. All of this results in a Program that is tailored to your personal interests and provides you with the most relevant Point and Credit earning opportunities.

These third parties, including contractors, sub-contractors and partners, are contractually bound to preserve the confidentiality of your information and can use PII only for the sole purpose of providing services to Finders Keepers, LLC. Such third parties shall be STRICTLY bound by the terms set forth in the Finders Keepers, LLC Privacy Statement. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.

Security

We maintain rigorous Security Practices to ensure as much as is reasonably possible that the confidentiality of your PII is not compromised. Finders Keepers, LLC has established company-wide security practices for your protection. These practices include, but are not limited to, firewall security, the use of appropriate encryption technology, and the use of multiple levels of password security to limit access to data on a "need to know" basis. The use of encryption technology is also required of all clients exchanging data with Finders Keepers, LLC. All contractors and employees are required to familiarize themselves with, and abide by, these safeguards.

AT ANY TIME EITHER MEMBER OR Finders Keepers, LLC MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS AND/OR CREDITS SHALL BE CANCELLED.

Termination of Member's membership by Member is effective upon Member submitting a termination request through the Finders Keepers website and Member receiving a message from Finders Keepers, LLC confirming termination. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Points or Credits after termination.

Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Finders Keepers, Member's only recourse is to immediately discontinue participation in Finders Keepers and properly terminate his or her membership. (See paragraph above.)

Finders Keepers, LLC reserves the right to terminate the membership of any Member who appears to be using Finders Keepers in a manner inconsistent with this Agreement, the intent of this Agreement, or any Finders Keepers rules.

Upon termination of the service or offer, or validation of your transaction, unless you directly authorize the advertiser to maintain or use your PII for other purposes, the Merchant will be required to delete your PII from its files.

Non-Transferability

Member's right to use Finders Keepers is non-transferable. Points and Credits are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Points and/or Credits may not be bartered or sold.

Finders Keepers accounts and Points/Credits are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Proprietary Rights to Content

Member acknowledges that Finders Keepers content (including but not limited to text, sound, photographs, graphics, or other material contained in any Finders Keepers communication, advertisements, or messages, whether by Finders Keepers, LLC or Finders Keepers, LLC's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Finders Keepers, LLC its advertisers and partners, as the case may be.

Modifications

Finders Keepers, LLC reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located in the Legal Notices section that can be found at the footer of every page on the Finders Keepers Website.

Member's non-termination or continued use of Finders Keepers constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.

Finders Keepers, LLC reserves the right to modify or discontinue the Finders Keepers service with or without notice to Member.

Finders Keepers, LLC shall not be liable to Member or any third party should Finders Keepers, LLC exercise its right to modify or discontinue the Finders Keepers program service.

Notices

All notices given by Finders Keepers, LLC to you will be given by email, regular mail or by general posting on the Finders Keepers Website.

Indemnification

Member agrees to indemnify and hold Finders Keepers, LLC, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of Finders Keepers and/or Finders Keepers card or violation of this Agreement.

Laws

We reserve the right to release information to local, state, or federal law enforcement officials when we believe in good faith that the law requires it, or when required to do so by order of a Court or authorized administrative agency.

Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Loveland, CO, or at another location determined by Finders Keepers, LLC, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of Colorado, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

Member and Finders Keepers, LLC agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

This Agreement constitutes the complete and exclusive understanding between Finders Keepers, LLC and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Finders Keepers, LLC's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Finders Keepers, LLC in writing.