[Revised June 9, 2011]
1. USER AGREEMENT.
Waiver of the Do Not Call Registry. In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third parties. As such, you are expressly giving your permission for such third parties to contact you by mail, email, text messaging or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser through the Website or other advertisement media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website.
Your Representations. You further represent, warrant and agree that:
(i) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions;
(ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
(iv) Abuse of this Website may result in your being denied access to such Website, as determined by Company in its sole discretion;
(v) You understand and agree that We control only the landing page and intake forms on this Website. After you have registered, a participating service provider will be contacting you directly to provide you with information regarding their products. We are not be responsible for any service provider or aggregate who contacts with you and any subsequent agreement you may enter into with such service provider or aggregator is at your own risk; and
(vi) Your use of the Services is subject to all applicable federal, state and local laws and regulations;
(vii) You also give us permission to send you periodic updates of services and products which may be of interest to you through email, mail, or telemarketing.
3. PROHIBITED USER CONDUCT.
Prohibition from Restricting Access to Site. You are prohibited from any conduct that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
Prohibition of Copyright or Trademark Violations. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties; or modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content.
Prohibition of Spreading Viruses or Harvesting. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
3. SERVICES PROVIDED BY US.
Online Marketing Services Only. This Website is an online network marketplace. You agree that if you submit a request through the Website, we will share your personally identifiable information such as your full name, address, telephone number, and financial information (“PII”) with advertisers, service providers or aggregators to process and fulfill your request. You understand and agree that we are an advertising service only and are not associated with nor claim to represent any of the merchants or brands listed on the Website and these merchants and brands do not endorse the Website. All trademarks, service marks, logos and/or domain names are the property of their respective owners.
No Guarantees. Further, you understand and agree that no guarantees are made on the availability of coupons or services provided by third parties, both of which vary depending on a number of factors including but not limited to geographic region, timing and type of coupon requested. The service provider with whom you make a transaction is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service, product or service provider to you. Any compensation we may receive is paid by the service provider or aggregate for advertising services we provided to them.
No Warranties. You understand that the requirements for a particular product are made by the individual service providers and we do not endorse, warrant, or guarantee the products or services from third party service providers or advertisers.
No Liability. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider's services.
Other Products and Services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your service provider decision, and may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the service information provided by the service provider.
4. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
5. REJECTION, TERMINATION AND CANCELLATION.
Company, its advertiser or vendors may reject your registration or application with or without cause at their sole discretion. Registration at this Website does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
6. MARKETING MATERIALS.
By registering, you are giving your express consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Unsubscribe Email feature. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
7. NO LIABILITY FOR THIRD PARTY CONTENT/PROMOTIONS, OR PRODUCTS.
The Website displays and makes available third party content, promotions, advertisements, and offers, as well as goods and services offered by third parties. You understand and agree that Company shall not be responsible and shall have no liability for any promotion, product or services or for your interactions with any third party for whom Company displays offers. You participate and purchase third party goods and services solely at your own risk. You have no remedy against Us for any interaction with a third party advertising through this Website.
8. RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website and is not affiliated with any of the listed products. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating advertisers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any advertisers.
9. LINKED WEBSITES.
You may be able to link to third parties’ Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
10. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
11. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
15. WAIVER OF LIABILITY.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT
THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO
WAIVE THE PROVISIONS OF
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
17. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of the Webpage and participation in the Service, including, but not limited to, business dealings with third party advertisers and providers on this Website their terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
18. DISPUTE RESOLUTION.
This Agreement will be
interpreted in accordance with the laws of the State of
RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to: firstname.lastname@example.org. Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company’s Website Terms and Conditions.”
19. WAIVER AND SEVERABILITY OF TERMS.
The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.
21. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.