Last Updated: December 6th, 2023
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties, Advertisers or the persons to whom we share your contact information where you have given us your consent to do so (“Marketing Partners””), all of whom are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that you receive from us or our Marketing Partners are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a Website; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.
Telemarketing and Text Messages. Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, and text and SMS messages to the telephone number(s) that you provided from us and the Marketing Partners. You are not required to provide this consent to earn a Reward or purchase any of the other goods or services offered on the Websites. If you provide consent, we and any of the Marketing Partners may send you SMS messages from their short codes or long codes. Our short codes are 53294, 91982, 27367, 68766, and 411411; we may acquire additional short codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help or contact us. Compatible carriers include: AT&T, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, MetroPCS, T-Mobile ® United Wireless, Virgin Mobile, Boost Mobile, Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell, and Virgin Mobile®. T-Mobile® is not responsible for delayed or undelivered messages.
Further, where you submit your personal information to us, such act constitutes an inquiry for purposes of the Telemarketing Sales Rule (“TSR”) (16 CFR §310 et seq.), and applicable state do-not-call regulations. As such, even where your telephone number is listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the TSR and applicable state do-not-call regulations.
Any claims you may have under the TCPA and TSR against us or any of the Marketing Partners will be subject to the Arbitration/Dispute Resolution provision below.
Publicity. We may use your first name, last initial, and City and State of residence (for example John S. Wichita, KS) on a Website. We may also ask for a testimonial and/or a picture of you with your Reward. If you submit either, you grant us a royalty-free license to display and use what you submit to us in any medium.
Tax Liability. You are responsible for all local, state, and federal taxes on any Reward you receive.
Agreement; Choice of Law/Jurisdiction and Venue. You agree that these Terms & Conditions constitute the agreement between you and us, and that Utah law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of Utah. You expressly waive any defense or objection to venue or personal jurisdiction.
Arbitration/Dispute Resolution. You agree to arbitrate all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in the Rewards Program or a telemarketing call or SMS/text message that you received from us or a Marketing Partner, you should first contact customer support on any of the Websites or complete a customer support ticket here. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.
Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules.
If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing, and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
THE INFORMATION WE COLLECT
Our Services offer you different opportunities to provide personal information. For example, you may provide personal information in order to receive daily newsletters, to enter a contest, to complete a self-assessment, to complete a survey, or to use other features of our Services. The personal information we collect may include name, email address, phone number, and postal address, and other information you provide to us, including as follows:
Newsletters: Our Services offer you the chance to subscribe to one or more newsletters by submitting your email address and selecting the newsletter(s) you would like to receive. For information about how to unsubscribe or change your email address, please see the “Choices” Section below.
Contests: In order to participate in certain contests, you may be asked to provide additional personal information, including your name, address, gender, date of birth, or phone number.
Quizzes and Surveys: Our Services may allow you to take quizzes or participate in surveys in which you may be asked information about yourself, your lifestyle, and certain health or fitness conditions.
Send-to-a-Friend: If you elect to use the “Send-To-A-Friend” service on the Site, we will ask for your friend’s name(s) and e-mail address(es). We will automatically send a one-time e-mail inviting your friend(s) to visit the Services. We will use this information for the sole purpose of sending this one-time e-mail.
User Reviews: Our Services may allow you to post reviews or content. Please note that the reviews or any other information you provide that is placed on the Services will be available for any user to read and therefore will not be private.
Contact Us: If you are a publisher or advertiser interested in working with us, we may collect your name, company information, email, and phone number.
In addition to the personal information we collect when you provide such information, we also automatically collect certain information from visitors to our Services. This information includes:
Log Information: We log information about your use of the Services, including the type of browser and device you use to access the Services, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
Information Collected by Cookies and Other Tracking Technologies: We and our partners use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Advertising and Analytics Services Provided by Others
Information From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you access our Services using your Facebook account, we will have access to certain information from your public Facebook profile, including your name and account information, in accordance with your Facebook privacy settings and the authorization procedures determined by Facebook. In addition, we may append the personal information you provide with additional information from external sources in order to personalize newsletters, advertising, and other content and special offers.
HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect to provide, maintain, and improve the Services, provide and deliver you the content you requested, process contests and quizzes, and to communicate with you, such as to send you newsletters and advertisements that we think would be of interest to you, to provide technical notices, and to respond to your comments and questions. We also use the information to monitor and analyze trends, to personalize the Services, and to carry out any other purpose for which the information was collected.
SMG is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
HOW WE DISCLOSE THE INFORMATION WE COLLECT
We may share your personal information with select partners so that they may send you offers and information that may be of interest to you. If you wish to out of receiving communications from such partners, you may use the choice mechanisms provided by those companies. In addition, certain information or services offered or provided on or through the Services may be provided in conjunction with or on behalf of third party providers, such as our advertising partners. When we offer these promotions, we share the information with the company sponsoring the offer or survey. We may also disclose a hashed version of your email address or other personal information to unaffiliated third parties so that they may show ads that are targeted to your interests on other platforms.
We may also disclose the information we collect as follows:
We provide the information to service providers who may use your personal information to help us or our partners communicate with you about offers from us and our marketing partners. We contractually require these companies to use information only on our behalf and at our direction, and they do not have any independent right to share this information with other parties.
We may disclose information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
We may disclose information with your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Newsletters & E-Mail Offers
If you would like to unsubscribe to any of our newsletters or choose not to receive special offers from us, please refer to the instructions in the newsletters or special offer e-mails that you receive from us. Alternatively, you can send us mail at: SMG 8751 South Sandy Parkway, Sandy UT 84070
THIRD PARTY LINKS
The Services may provide links to other websites or resources (“Linked Sites”). We do not control or endorse such Linked Sites nor have we reviewed or approved any content that appears on such Linked Sites. We are not responsible for the content of any Linked Sites, including a third party’s use of any cookies or any other information (such as IP address, browser type, or operating system) collected when you click-through to their sites or view advertisements served by them. We strongly encourage you to become familiar with the privacy practices of any websites you visit.
SOCIAL SHARING FEATURES
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which allow you to share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
The Site is not directed toward children under 13 years of age. If you are under 13 years of age, please do not use the Services or submit any information to us or to our partners. If you believe your child submitted personal information and would like it removed, please contact us at [email protected].
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction.
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose personal information about you and explain your rights under the California Consumer Privacy Act (CCPA)
We collect the following categories of personal information as described in the “Information We Collect” section above:
Identifiers, such as name, email address, mailing address, cookie and device identifiers, and IP address.
Demographic information, such as your gender and age.
Internet or other electronic network activity information, such as log data and information about the devices and computers you use to access the Services.
Electronic, visual, or similar information, such as photos.
Professional or employment related information, if you provide such information to us.
Other information you provide, such as responses to surveys or messages to customer service.
Inferences drawn from any of the above, including about the content or ads that may be of interest to you.
Do Not Sell My Personal Information
Under the CCPA, in addition to having the right to opt out of sales of their personal information, California residents also have the right to request access to or deletion of their personal information, to request additional details about our information practices, and to not be discriminated against for exercising their rights. You may request access to deletion of your information or request more information about how we process your personal information by emailing us at [email protected] or by filling out this form - Retrieve or Remove Request. Upon receipt of your request to exercise your rights to access or delete your personal information, we may verify your identity to protect your security and privacy. After submitting a request, please monitor your email for verification instructions. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law.
HOW TO CONTACT US
Should you have any questions or concerns about our privacy practices, please send an e-mail to [email protected].