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| Terms and Conditions of Use | |
TERMS AND CONDITIONS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR ANY OF ITS ASSOCIATED CONTENT OR SERVICES.
Acceptance of Terms and Conditions.
Offers Network, Inc ("Offers Network") makes available for your use, on this web site ("Site"), information and services subject to the terms and conditions
set forth in this agreement ("Agreement"). By accessing, using or browsing this Site, you the user ("User") are deemed to have read, understood and agreed
to each of the terms, conditions, and notices set forth in this Agreement. In addition, when using any particular content or service on this Site, User shall also
be subject to and deemed to have read, understood and agreed to any posted guidelines or rules applicable to such content and services that may contain terms
and conditions in addition to the terms, conditions and notices set forth in this Agreement. All such guidelines or rules are hereby incorporated by reference into
this Agreement; provided, however, that in the event of a conflict between any other terms and conditions and the terms and conditions of this Agreement, the
terms and conditions of this Agreement shall control.
This Agreement constitutes the entire agreement between User and Offers Network with respect to the use of this Site and it supersedes all prior and
contemporaneous agreements or arrangements between Offers Network and User. A printed version of this Agreement and of any notice given in electronic
form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records.
Modification of Terms and Conditions.
User’s use of this Site is subject to the most current version of this Agreement. Offers Network reserves the right to change the terms and conditions of this
Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of
this Site following any such changes shall constitute the User's acceptance of such changes.
Modification of Site.
Offers Network may, at any time, in its sole discretion, revise, modify, or alter this Site without notice to User.
User's Representations and Warranties.
User represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this
Site in accordance with all terms and conditions set forth in this Agreement.
Use of Site.
Except as otherwise indicated elsewhere on this Site, User may view, download and print the information available on this Site subject to the following terms
and conditions: (i) User may use all information, documents, photos, video, text, graphics, sounds and images, and other material on this Site (collectively, the
"Content") and services solely for personal, informational, internal, non-commercial purposes; (ii) User may not modify or alter the Content in any way; (iii)
User may distribute the Content as a referral to other Users; (iv) User may not remove any copyright or other proprietary notices contained on this Site or in
the Content; (v) Offers Network reserves the right to immediately revoke User’s authorization to use this Site or to view, download or print any Content or
use any services; (vi) User’s rights constitute a limited license and not a transfer of title; (vii) User may not upload to, or distribute or otherwise publish through
this Site, any User content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights,
patents, trademarks, service marks, trade secrets, and other proprietary rights; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could
give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, Trojan horses or other harmful properties.
By uploading User content to this Site, User warrants that the work is original, that no exclusive publishing rights have previously been granted for User content
and that Offers Network is granted the non-exclusive right to freely edit and publish the User content in its publications and/or on its Site without compensation
to User.
The User’s rights set forth in this Agreement does not apply to the design or layout of the Site. The design and layout of the Site may be protected by trade
dress, copyright and other laws and User may not copy or reproduce such design or layout in whole or in part.
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Site.
You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information as you authorize.
Restricted Activities.
Your Information and your activities (including your payments and receipt of payments) through our Site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others
to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers,
gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office
pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient
of the payment; (e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (f) violate
any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition,
anti-discrimination, or false advertising); (g) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (h) be obscene or contain child
pornography; (i) contain any viruses, Trojan horses, worms, time bombs cancel bots, Easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and (j) create liability for Offers Network
or cause Offers Network to lose (in whole or in part) the services of its ISP's or other suppliers. If you use, or attempt to use the Site for purposes other than
making and receiving offers and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or
functionality of Site, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or
copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Offers Network Site or any activities
conducted on our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much
of the information on our Site is proprietary or is licensed to Offers Network by our users or third parties. You agree that you will not copy, reproduce, alter,
modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written
permission of Offers Network or the appropriate third party. If you use, or attempt to use the Site for purposes other than making and receiving offers and
managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Site, your account
will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
The Legal Relationship between You and Offers Network.
Appointed Agent. Offers Network acts as a facilitator to help Merchants make offers to Shoppers and accept payments from and make payments to third
parties. We act as your agent based upon your direction and your requests to use our Sites, which requires us to perform tasks on your behalf.
Payment and Fees.
a) By creating offers (advertisements), User agrees to pay Offers Network according to the Price Schedule presented to conjunction with accepting
User’s credit card order, including without exception, monthly fees and periodic subscription renewal fees charged automatically to User’s credit card on
or around the first day of each month. Offers Network may introduce changes to the Price Schedule from time to time, and will post a notification of such
changes, accessible from User’s account at the Site, at least 14 days in advance of such changes, during which time User will have the right to close his
account and terminate further services in lieu of continuing under the new price plan. User’s failure to so cancel his Offers Network service within this
14-day window constitutes User’s acceptance of Price Schedule changes.
b) By signing up Merchants to use Offers Network, User earns Compensation based on the activity of those Merchants in accordance with the current
Compensation Schedule posted on the Site. This Compensation will appear as a credit on User’s monthly statement. In the event of a credit balance,
Offers Network will issue a check to User on or around the 25th day following the end of any month in which the credit balance exceeds $100. With respect
to Compensation, the relationship between Offers Network and User is one of customer/vendor, and User shall be responsible for paying any and all taxes
on amounts received from Offers Network. User understands and agrees that no Compensation is earned unless (i) User is a corporation, or (ii) User has
supplied Offers Network with his Federal Tax ID or Social Security Number. User further understands and agrees that Offers Network is not responsible
for paying interest on accrued credit balances and that such balances are not held separate from other Offers Network funds.
Internet Service Provider.
Offers Network acts as an Internet service provider by creating, hosting, maintaining and providing our Site to you via the Internet. We do not have any
control over the products or services that are offered on our Site. We cannot ensure that a buyer or a seller you are dealing with will actually complete
the transaction.
Identity Authentication.
We use many techniques to identify our Affiliates and Merchants when they register on our Site. Verification of Users is only an indication of increased
likelihood that a User's identity is correct. You authorize Offers Network, directly or through third parties, to make any inquiries we consider necessary
to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against
third party databases. However, because user verification on the Internet is difficult, Offers Network cannot and does not guarantee any user's identity.
Copyright and Trademark.
All Content and services on this Site are protected by copyright and/or other intellectual and proprietary laws and any unauthorized use of any of the
foregoing may violate such laws. User is not granted any right or license, either express or implied, in any copyright, trademark, service mark, patent, right
of publicity or other intellectual or proprietary right of Offers Network, or any of the goodwill associated with any of the foregoing. The trademarks, service
marks and logos (collectively, the "Marks") displayed on this Site are the sole and exclusive property of Offers Network or third parties. User is not permitted
to use the Marks without the prior written permission of Offers Network or such third party. Offers Network logos and designs are trademarks or registered
trademarks of Offers Network Incorporated.
User may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or lease any Content or
services obtained from this Site.
Links to Third Parties' Web Sites.
This Site may contain links to Internet sites maintained by third parties. Offers Network does not operate or control, in any respect, any information,
products or services on such third-party sites. Links to third party Internet sites are included on this Site solely for the User’s convenience and do not
constitute any endorsement by Offers Network of the third party Internet sites. User assumes sole responsibility for use of third party links and pointers.
Warranty Disclaimer; Liability Disclaimer.
EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN USER AND OFFERS NETWORK,
ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE
INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. OFFERS NETWORK DOES NOT WARRANT THAT THE CONTENT WILL
BE UNINTERRUPTED OR ERROR FREE. OFFERS NETWORK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
OFFERS NETWORK’ TOTAL LIABILITY TO USER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER
CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE
AMOUNT OF FEES ACTUALLY PAID BY USER TO OFFERS NETWORK FOR THE ONE MONTH PERIOD PRIOR TO OFFERS NETWORK'S
ACT GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFERS
NETWORK, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES, WHETHER
OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF OFFERS NETWORK HAD BEEN ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO USER.
Offers Network does not warrant the accuracy of the information contained in offers made by Merchants found on its Site. Furthermore, the opinions
and views expressed in any reviews of Merchants are those of the authors and not necessarily those of Offers Network. User acknowledges User's
understanding that some information provided by a contributor to the Offers Network Site may be fictitious or exaggerated and outside of Offers Network
knowledge or control. Offers Network shall not be held liable for any statement made by any contributor in any article on its Site.
Privacy and Security.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as
described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information
are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as
well as technological security devices. If you object to your information being transferred or used in this way, please do not use our Site.
Governing Law and Jurisdiction.
This Agreement is governed by the laws of the State of Washington, U.S.A. without regard to the conflicts of law principles thereof. User consents to
the exclusive jurisdiction and venue of the state and federal courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use
of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, excepting limitations
in the Liability Disclaimer, including without limitation, this paragraph and Offers Network makes no representation that the Content or services available
on this Site are appropriate, lawful or available for use in other jurisdictions.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Offers Network as a result of this
Agreement or use of this Site. User agrees not to hold him or herself out, as a representative, agent, or employee of Offers Network and Offers Network
shall not be liable for any representation, act or omission of the User.
Offers Network reserves any rights not expressly granted herein to itself.
For additional information about the Service and how it works, please also consult the Offers Network SERVICE CONTACT at info@offersnetwork.com.
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