You are responsible for your account. If you register for an account with us, you must provide us with current, complete, and accurate registration information. You may be asked to choose a password and a
You are responsible for the information you enter and your compliance with laws and other terms. You agree that: (a) you are a legal resident of the United States or Canada as indicated when you registered; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or are authorized to use the computer, mobile device, technology or
You agree to use the Services only as permitted. Copying, scanning, selling, transferring, auctioning, reposting and any other unauthorized duplication or distribution of a Promotion is not permitted. For clarity, this includes sales and transfers of Promotions in any form, including as PDFs, digitally or printed coupons via sites such as Instagram, eBay and Facebook and applies whether or not you charge a fee for the Promotions, charge for "your time or effort" or request a donation. Further, you agree to (i) not use multiple IP addresses, servers or email addresses to access additional Promotions for yourself or others, and (iii) not use any device, technology or
You agree not to engage or attempt to engage in potentially harmful acts directed against our Services, Promotions or customers. This includes:
We own what is on our Services. All content and materials on or related to our Promotions and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress, copyrights, software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and material ("Service Content") are our property or the property of our customers, vendors, partners or licensors, and is protected by copyrights, trademarks, trade secrets, patents and/or other intellectual property rights. All Service Content is copyright protected as individual works and as a collective work under copyright laws and pursuant to international treaties. We own a copyright in the arrangement, selection, coordination
You agree to certain limitations on your use of our Services. You may not, and agree that you will
THE PROMOTIONS AND SERVICES (INCLUDING ALL SOFTWARE ACCESSIBLE THEREFROM) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE PROMOTIONS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE SERVICES AND ALL THIRD PARTY TOOLS, CONTENT, SOFTWARE
YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE PROMOTIONS, THE SERVICES, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ALL THIRD PARTY CONTENT. YOU AGREE THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR INTERNET ACCESS, COMPUTER FUNCTIONALITY, DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD, ACCESS OR USE. WE ALSO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PROMOTIONS OR SERVICES, INCLUDING ANY THIRD PARTY CONTENT.
In no event shall we, our affiliates, clients, vendors, partners, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, the Service Contents, or the Promotions, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, performance or non-performance of the Services; (iii) unauthorized access to or tampering with the Services and Promotions, including your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained on this Service; (vi) any transactions entered into through this Services; (vii) any property damage including damage to your computer system caused by viruses or other harmful components, during or on account of access to or use of the Services or any site to or from which it hyperlinks or any or Third Party Content; or (viii) damages otherwise arising out of the use of the Services or Third Party Content. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any third party has been advised of the possibility of damage. You agree to indemnify, defend and hold harmless us, our agents, clients, vendors, partners licensors and affiliates, and their respective officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, or otherwise arising in any way out of your use of the Services or the Promotions. You agree to cooperate fully with us in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The products advertised through Promotions are offered by third parties, not us. The purchase, use of and all other matters concerning the products are solely between you and such businesses. We do not endorse, warrant or guarantee such products, and are not responsible nor liable for the accuracy, completeness or usefulness of Service Content related to such products.
We have no responsibility for the content of the linked site(s) or Third Party Content. The Services may also include links to other sites and or Third Party Content. We do not endorse or make any representations or warranties regarding the site(s) or Third Party Content.
When you use a
We may use
You agree to binding arbitration and waive rights to participate in a class action. Any dispute relating in any way to your use of the Promotions and Services shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the county and state of New York. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against us.
OnCard Marketing, Inc. d/b/a RevTrax
132 West 31st Street, Suite 702
New York, NY 10001
Attn: Legal Dept.