POSTED: OCTOBER 1, 2018
EFFECTIVE: OCTOBER 1, 2018
USER OBLIGATIONS AND RESPONSIBILITIES
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 user name. You are responsible for maintaining the currency, completeness, and accuracy of your registration data and the confidentiality of your user name, password and other account information. You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of your failure to comply with these requirements or someone else using your password or account, either with or without your knowledge.
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 other method to bypass print limits set for each Promotion. In addition to these restrictions, each Promotion has its own prohibitions with which you agree to comply.
You agree not to engage or attempt to engage in potentially harmful acts directed against our Services, Promotions or customers. This includes:
- Violating or attempting to violate any security feature of the Services, including print limits;
- Interfering or attempting to interfere with the use of our Promotions, Services or network or systems, including by spamming or introducing a virus or other malicious code;
- Tampering with or modifying in any manner with (including functionality, operation, or security) the Services or any Promotion;
- Engaging in “mirroring,” “framing” or otherwise simulating the appearance or function of the Services or any Promotion; and
- Hyperlinking to a Promotion or the Services from any other website without our prior written consent.
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 and enhancement of the Service Content. You understand and agree that these rights are valid and protected in all media, forms and technologies existing now or hereinafter developed. You further acknowledge and agree that we own and shall retain all right, title and interest in the (a) Service Content, (b) bar codes, designs, ideas, processes, methodologies, forms and formats, materials, software, Internet domain names, arrangement of content, distinctive and original layout and presentation on or related to the Promotions or Services, and (c) derivative works or enhancements to any of the foregoing.
You agree to certain limitations on your use of our Services. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Service Content, Promotions, Services or information obtained from or through the Services, in whole or in part, without our express written permission or as expressly authorized on the Services.
WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE
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 AND SERVICES ACCESSIBLE THEREFROM (“THIRD PARTY CONTENT”), WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
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.”
THIRD PARTY SITES AND VENDORS
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 third party service available on or through the Services, you agree to the third partys terms and conditions. We or our customers may use, partner with or allow third party email, loyalty card, receipt upload, printing, SMS or other vendors to access, distribute, activate or redeem the Promotions and Services. You are responsible for reviewing and understanding the privacy and other policies of the applicable third parties. You understand that SMS Promotions may be subject to standard data and other fees from your mobile or SMS provider.
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.
QUESTIONS AND CONTACT INFORMATION
OnCard Marketing, Inc. d/b/a RevTrax
132 West 31st Street, Suite 603
New York, NY 10001
Attn: Legal Dept.