TERMS OF USE
[Revised June 9, 2011]
WE ARE NOT
RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THE FIRST PAGE OF THIS
WEBSITE. UPON ENTRY OF YOUR INITIAL INFORMATION, YOU WILL BE REDICRECTED
TO A THIRD PARTY WEBSITE TO ASSIST YOU IN LOCATING A SERVICE PROVIDER. YOU
SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF THAT
WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS
WILL DIFFER FROM THESE.
1.
USER AGREEMENT.
Third Party Contact. You agree to be
bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set
forth herein. Upon entering the requested information, our technology
will forward your information to one of our participating service providers or
to an aggregate of service providers who may contact you to engage in a
transaction. This may be done automatically and a new window may appear or the service provider may contact you directly by
telephone, email or mail as set forth below.
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);
(iii) We will share the information you enter on
our website with our vendors, sponsors, advertisers, service providers and
marketers, lookup and reference services, other unaffiliated third parties, and
other entities that Company believes are able to provide its Website users with
offers and opportunities, as more fully described in the Company’s posted Privacy Policy;
(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.
Company reserves the right, in our sole discretion,
to change, modify or otherwise alter these Terms and Conditions and the posted
Privacy Policy, which appear on this Website at any time for any reason which
change, modification or alteration is effective upon posting on the Website
without further notice to you. It is your responsibility to review the
Terms and Conditions and the posted Privacy Policy, for changes
periodically. Your continued use of the Website following the posting of
changes and/or modifications will constitute your acceptance of the revisions
and the reasonableness of notice of changes.
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.
14.
INDEMNITY.
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
16. RELEASE.
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: arbitration@amplifymedia.com.
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.