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 Sites only as permitted. Copying, scanning, selling, transferring, auctioning, reposting and any other unauthorized duplication or distribution of a Promotion is not permitted. 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 Sites, Promotions or customers.
- Violating or attempting to violate any security feature of the Sites, the Promotions or any application, software or service available therefrom (together the "Services");
- Interfering or attempting to interfere with the use of our Sites, Promotions, Services or network, 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 Sites, the Services or any Promotion;
- Engaging in "mirroring," "framing" or otherwise simulating the appearance or function of our Sites or any Promotion; and
- Hyperlinking to a Promotion or the Sites from any other website without our prior written consent.
We own what is on our Sites. All content and materials on or related to our Sites, Promotions and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress, software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and material ("Site Content") are our property or the property of our customers or licensors, and is protected by copyrights, trademarks, trade secrets, patents and/or other intellectual property rights. All Site 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 Site 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) Site 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 Sites, Promotions or Services, and (c) derivative works or enhancements to any of the foregoing.
You agree to certain limitations on your use of our Sites Content and property. 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 Site Content, Promotions, Services or other information obtained from or through the Sites, in whole or in part, without our express written permission or as expressly authorized on the Site.
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 Site Content related to such products.
We have no responsibility for the content of the linked site(s). From time to time, the Sites may also include links to other sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the site(s).
When you use a third party product or service available through the Sites, you agree to the third party’s terms and conditions. We or our customers may use third party vendors with respect to the Promotions. You are responsible for reviewing and understanding the privacy and other policies of the applicable ad and third party vendor(s). You understand that certain Promotions may be subject to standard data and other fees from your provider.
We may, from time to time, offer contests, sweepstakes, games or rewards programs on the Sites. Please refer to the terms of respective promotions for additional rules information, including information on entering and winning.
WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE
THE SITES, PROMOTIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE SITES, 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 SITES, THE PROMOTIONS AND THE SERVICES, 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 SITES, THE PROMOTIONS AND THE SERVICES. YOU AGREE THE SITES ARE USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT RESULTS FROM SUCH 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 SITES, PROMOTIONS OR SERVICES.
In no event shall we, our affiliates, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Sites, the Site contents, or the Promotions, be liable to any person or entity for any direct, indirect, incidental, special, compensatory, consequential or punitive damages, 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 Sites, Promotions or Services; (iii) unauthorized access to or tampering with the Sites, Promotions or Services, including your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained on the Sites, Promotions or Services; (vi) any transactions entered into using the Sites, Promotions or Services; (vii) any property damage including damage to your computer system caused by viruses or other harmful components due to use of the Sites, Promotions or Services or any site to or from which it hyperlink. 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 have been advised of the possibility of damage.
You agree to indemnify, defend and hold harmless us, our agents, 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 Sites, 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."
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 Sites, 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 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.
132 West 31st Street, Suite 702
New York, NY 10001
Attn: Privacy Officer
For SaveInStore™ inquiries: email@example.com
For other inquiries: firstname.lastname@example.org
Last Modified: December 1, 2015