Welcome to Opt-In Rewards!
Opt-In Rewards formerly “CyberCoupons.com” provides its products
or services to you subject to the following conditions. If you visit or shop
through our websites, you accept these conditions. Please read them carefully,
because they contain important disclosures and information regarding terms of
sale, among other terms that may affect your legal rights.
Outline:
1. Your Acceptance of the Terms
2. Electronic Communication
3. Your Privacy
4. Certain Conditions Placed on Your Use of the
Sites and Services
5. Your Account
6. Deals / Coupons / Offers
7. Additional Deal Terms
8. How it Works
9. Coupon / Offer Value and the “Fine
Print”
10. Coupons
/ Offers
11. Expiration
Dates
12. Date-Specific
Deals / Coupons / Offers
13. Refunds
14. Merchant
is the Issuer
15. Deal
/ Coupon / Offer Availability
16. Pricing
Information
17. Getting
Your Deal / Coupon / Offer for Free
18. Other
Services
19. Share
with Friends Program
20. Ownership
of the Sites and Services
21. Copyright
/ Trademarks
22. Your
Access to the Sites and Services
23. Third-Party
Links and Contents
24. Information
and Content Submitted by You
25. Product
Submissions
26. Termination
27. Exclusion
of Warranties
28. Limitations
of Liability
29. Arbitration
of Disputes
30. Indemnity,
Reservation of Right, Release
31. Applicable
Law
32. Copyright
Notice-Digital Millennium Copyright Act
33. Entire
Agreement, Changes to this Agreement and Waivers
34. General
Terms
35. Additional
Terms
36. Addendum A - Additional
Terms for a Merchant who uses Opt-In Rewards Application from Clover
1. Your Acceptance of the Terms
The “Terms” consist of these Conditions of Use, the Opt-In Rewards
Privacy Policy and any supplemental terms, legal notices and other
communications provided to you. These Terms govern your use of the website
offered by Opt-In Rewards at www.CyberCoupons.com (including any mobile, touch,
merchant-specific, city-specific or other area-specific versions or sections)
(each a “Site”), and all products or services accessed through the Sites
(collectively “Services”). These Terms constitute a binding legal agreement
(“Agreement,” though we may use “Terms” interchangeably with “Agreement”
herein) in electronic form between you (“you,” “your” and/or “yourself”) and
Opt-In Rewards and its successors, subsidiaries, affiliates and family of
brands (“Opt-In Rewards”, “CyberCoupons,” “we,” “us” and/or “our”). By using
the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE
TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY
USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service
or guidelines setting forth additional conditions may apply to a service or
product offered via the Sites ("Additional Terms"). The Additional
Terms are incorporated by reference into these Terms. The Additional Terms are generally
intended to be supplemental to these Terms, but to the extent there is an
express conflict between these Terms and any Additional Terms, the Additional
Terms will control unless the Additional Terms expressly state otherwise and/or
unless otherwise prohibited by applicable laws.
2. Electronic Communication
The communications between you and Opt-In Rewards are electronic.
You consent to receive communications from Opt-In Rewards in an electronic
form. You agree that all terms and conditions, agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communications would satisfy if they were in
writing.
3. Your Privacy
Your privacy is very important to us! We’ve designed our Privacy
Policy to make important disclosures about how we collect, use and protect your
personal data. Except as provided below, Opt-In Rewards will not sell, rent,
trade or otherwise transfer any personal and/or traffic data or communications
content outside of Opt-In Media Corp, Opt-In Rewards & CyberCoupons,
and its controlled subsidiaries and affiliates without your explicit
permission. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and
Services. The Privacy Policy is incorporated herein by reference.
4. Certain Conditions Placed on Your Use of the Sites and Services
Your permission to use the Sites and/or Services is conditioned
upon your agreement that you:
· are 18 years of age or older;
· will comply with these Terms;
· are able to form a binding contract with us;
· are not prohibited by law from accessing our
Sites and/or Services or have not previously been banned, terminated or
otherwise denied access to our Sites and/or Services by us;
· are not acting on behalf of a person whose
access to our Sites and/or Services has been previously terminated or otherwise
denied by us;
· will not impersonate another user of the Sites
and/or Services.
· will abide by local, state, federal laws
5. Your Account
You will need to register by creating an account with Opt-In
Rewards (either by registering directly with us or by allowing an Opt-In
Rewards applications to connect through your Facebook profile) (an “Account”)
in order to obtain access to certain services, including Deals / Coupons /
Offers. If you choose to create an Account, you agree to provide only accurate,
complete registration information, and you will keep that information
up-to-date if it changes. When you register, you will obtain unique log-in
credentials (a “User ID” and a password set and maintained by you).
Access to the Opt-In Rewards Site and Services (formerly
Cybercoupons.com) is not authorized by any other person or entity using your
User ID and you are responsible for preventing such unauthorized uses.
Individuals and entities whose privilege to access the Site or use the Services
has previously been terminated by Opt-In Rewards may not register for an
Account, nor may you designate any of those individuals to use your Account on
your behalf.
Opt-In Rewards relies on User ID’s and or associated tokens to
know whether users accessing their sites and using our Services are authorized
to do so. If someone accesses our Site or Services using a User ID that we have
issued to you, we will rely on that User ID and will assume that access has
been made by you. You are solely responsible for any and all access to the Site
or use of the Services by persons using your User ID. Please notify us
immediately if you become aware that your User ID is being used without
authorization. Please see our Privacy Policy for the use of your profile information.
6. Deals / Coupons / Offers
Opt-In Rewards provides consumers with opportunities to purchase
certain products and services (each a “Deal / Coupon / Offer,” and
collectively, “Deals / Coupons / Offers”) from third-party merchants (each
referred to as the “Merchant”), except as otherwise expressly identified, using
a time-limited promotional Deal / Coupon / Offer exchangeable for Merchant
goods and services (a “Deal / Coupon / Offer”). The promotion of each Deal / Coupon
/ Offer works as a form of advertisement for the Merchant by Opt-In Rewards.
By purchasing, printing, accepting, using or attempting to use any
Deal / Coupon / Offer, you agree to these Terms, the fine print identified in
the Deal / Coupon / Offer copy (defined below) and/or any additional Deal / Coupon
/ Offer-specific terms related to the Deal / Coupon / Offer at the time of
purchase. These Terms apply to all Deals / Coupons / Offers, unless the Fine
Print on a particular Deal / Coupon / Offer states otherwise, and except as
otherwise required by law. In the event of a conflict between these Terms and
the Fine Print on a Deal / Coupon / Offer, the Fine Print will control, except
to the extent prohibited by applicable laws.
7. Additional Deal/Coupon Offer Terms
Some categories of Deals / Coupons Offers have special terms that
vary from “the general” deal / coupon / offer terms stated in this agreement
and these special terms are set forth in rules. Any other varying terms for specific Deals / Coupons Offers
will be set forth in the Fine Print (FP) of a Deal / Coupon / offer and on Deals
/ Coupons / Offers.
8. How it Works
By placing an order for a given Deal / Coupon / Offer, you are
agreeing to purchase the Deal / Coupon / Offer you have selected on the terms,
restrictions and conditions associated with the Deal / Coupon / Offer. Once you
have placed your order, you will receive a confirmation of the Deal / Coupon /
Offer and your credit card or other payment mechanism will be charged for the
amount of the Deal / Coupon / Offer. You will be notified by email when the Deal
/ Coupon / Offer is ready to be used and it will also be displayed on your
dashboard account and once obtained stored on your loyalty card’s account.
You are required to create an Account in order to purchase any prepaid
Deal / Coupon / Offer so we can collect information to allow you to pay for
your Deals / Coupons / Offers and so we can provide you with easy access to
print/display your Deals / Coupons / Offers, view your past purchases and
modify your preferences and see how much you’ve saved.
9. Deal / Coupon / Offer Value and the “Fine Print”
In addition to the terms set forth herein, each Deal / Coupon / Offer
comes with its own set of restrictions, terms and conditions (collectively
referred to as the “Fine Print (FP)”, whether or not they are expressly labeled
as such on a Deal / Coupon / Offer). The FP may restrict things such as when or
where you can redeem a Deal / Coupon / Offer, as well as other Deal / Coupon / Offer
specific limitations, so always read carefully.
Most Deals / Coupon / Offers combine two separate portions that
make up the Deal / Coupon / Offer:
(i) a paid portion equal to the amount you paid for the
Deal / Coupon / Offer (the "Paid Portion"); and
(ii) at no additional charge to you, a time-sensitive
promotional deal offer portion for the balance of the value of the Deal / Coupon
/ Offer if used by the promotional expiration date on the Deal / Coupon / Offer
(the "Promotional Offer Portion - POP").
10. Vouchers/Coupon Offers
Unless otherwise stated on the Deal / Coupon / Offer or required
by law, the following additional terms apply to all Deals / Coupons / Offers:
A Deal / Coupon / Offer must be redeemed in its entirety in one
visit to a Merchant.
For Deals / Coupons / Offers that may be redeemed over several
visits, purchases will be allocated first against the Paid Portion until there
is a zero balance and then against the Promotional Portion that is remaining.
Deals / Coupons / Offers are not redeemable for cash.
Use of a Deals / Coupons / Offers for alcoholic beverages is at
the sole discretion of the Merchant in accordance with applicable law.
Deals / Coupons / Offers cannot be combined with any other coupons
or promotions unless specifically stated on the Deal’s / Coupon’s / Offer’s
fine print. Example would be a park and dine Deals / Coupons /
Offers.
Deals / Coupons / Offers cannot be used for taxes, tips, prior
balances and/or shipping or handling, as applicable.
Neither Opt-In Media Corp nor the Merchant is responsible for lost
or stolen Deals / Coupons / Offers or Deals / Coupons / Offers reference numbers.
Duplicate use, sale or trade of a Deals / Coupons / Offers is
prohibited.
Unless otherwise stated in the Fine Print, the Deals / Coupons /
Offers price does not include sales, value-added or use taxes, which may be
charged to you separately by the Merchant at the time you redeem the Deals /
Coupons / Offers.
11. Expiration Dates
The Promotional Portion of the Deals / Coupons / Offers will
always expire on the date printed on the Deals / Coupons / Offers. If the
Merchant is in a state where it is permissible for the Paid Portion to expire,
the Paid Portion of the Deals / Coupons / Offers will expire five (5) years
from the date that the Deals / Coupons / Offers was issued. In some states, the
law may require the Merchant to honor the Paid Portion of the Deals / Coupons /
Offers beyond five years, in which case the Paid Portion of the Deals / Coupons
/ Offers will expire in accordance with the applicable law.
12. Date-Specific Deals/Coupon Offers
Sometimes we offer Deals / Coupons / Offers that are
date-specific, such as a Deals / Coupons / Offers for tickets to an event or a Deals
/ Coupons / Offers where you select a specific day(s) to stay at a hotel
(“Date-Specific Deals / Coupons / Offers”). Usually this means that the Deals /
Coupons / Offers can only be redeemed on a single date or that you might have
to choose from a list of available dates before you buy a Deals / Coupons /
Offers. In either case, the date you select will be identified on the Deal /
Coupon / Offer, and you can only redeem the Deal / Coupon / Offer on this
specified date. Both the Paid Portion and the Promotional Portion expire on the
date specified on the Deal / Coupon / Offer. You may not reschedule a
Date-Specific Deal / Coupon / Offer for another date or time for any reason. No
full or partial refunds are given to customers who fail to redeem a
Date-Specific Deal / Coupon / Offer on the date specified on the Deal / Coupon /
Offer. If for some reason the Date-Specific Deal / Coupon / Offer is canceled
or rescheduled by us or the Merchant, we will send you an email notifying you
prior to such cancelation or rescheduling. If the Date-Specific Deal / Coupon /
Offer is rescheduled, our email to you will include the new date for the
Date-Specific Deal / Coupon / Offer. If you cannot make the new date for the
Date-Specific Deal / Coupon / Offer, you will be entitled to a refund of the
Paid Portion upon request. If, however, the Date-Specific Deal / Coupon / Offer
is canceled and will not be rescheduled, we will automatically refund you the
paid portion of the Deal / Coupon / Offer via credit card or other payment
mechanism used at the time of purchase.
13. Refund Policy
This Policy is effective for all Deals / Coupons / Offers purchased
on February 21, 2014 and beyond.
It’s important to us that you are completely satisfied with your Opt-In Rewards
Deal / Coupon / Offer. This page summarizes current refund policies in effect.
We always want you to be happy with your Opt-In Rewards experience.
If you have trouble redeeming your Deal / Coupon / Offer for any
reason, please contact us at http://cybercoupons.com/wa/contact.asp so we can work with the Merchant to resolve your issue.
Redeeming a Deal / Coupon / Offer
The Refund policy for any Deal / Coupon / Offer has a link stated
on the Deal / Coupon / Offer at the time of purchase.
Refunding Deal / Coupon / Offer
The Refund policy for any
Deal / Coupon / Offer has a link stated on the Deal / Coupon / Offer at the
time of purchase. If you change your mind about any Deal / Coupon /
Offer you purchased and would like a refund, you can just click “Ask for a Refund”. In the email Subject
Line type in the word “Refund”, and in the body of the email include from
the Voucher/Coupon Offer it’s thirteen-digit barcode number and the six-digit
coupon code in the body of the text and the date you purchased it or call our Customer
Service line at 253-333-6784. The refund amount is for the Paid Portion of any
unredeemed Voucher. For time events such as a movie, show, concert, race, etc.
Once the date has passed no refunds will be issued.
Special Deals
From time to time we may offer “Special Deals” that because of the nature of
the Deal require a special refund policy. Any modifications to the refund
policy will be stated in the Fine Print for such Deals. Please remember, as
with all Deal specifics, if a different refund time frame than set forth above
is stated in the Fine Print, the policy stated in the Fine Print will control.
14. Merchant is the Issuer
The Merchant is the issuer of the Deal / Coupon / Offer and is
solely responsible for redeeming the Deal / Coupon / Offer. The Merchant is
also solely responsible for all goods and services it provides to you and for
any and all injuries, illnesses, damages, claims, liabilities and costs it may
cause you to suffer, directly or indirectly, in full or in part, whether related
to the use or redemption of a Deal / Coupon / Offer or not, as well as for any
unclaimed property liability arising from unredeemed or partially redeemed Deal
/ Coupon / Offer. Unless otherwise indicated in a Deal / Coupon / Offer or
other offer, Opt-In Media Corp is solely the marketer of the Merchant’s goods
or services, and may from time to time engage third parties or affiliates to
administer Deal / Coupon / Offer management on behalf of Merchants. You hereby
irrevocably waive all rights related to, and release Opt-In Media Corp and its
subsidiaries, affiliates, partners, officers, directors, employees,
representatives, and agents from, any liabilities arising from or related to
any act or omission of a Merchant in connection with your use of a Deal / Coupon
/ Offer or the products and/or services it provides in connection with it.
15. Deal / Coupon / Offer
Availability
Some Deals / Coupons / Offers are not available for purchase
beyond certain geographical and jurisdictional boundaries. Opt-In Media reserves
the right, in its sole discretion, to exclude or otherwise limit the provision
of a Deal / Coupon / Offer, the Sites, the Services or any other product or
service. Opt-In Media Corp does not represent or warrant that any product or
service promoted on the Site will be available for purchase by any particular
person. Some of our Deals / Coupons / Offers are limited in number. Any attempt
by you to obtain more than the permitted number of Deals / Coupons / Offers specified
for a particular Deal / Coupon / Offer, including, without limitation, using
multiple or different identities, credit cards, forms, registrations or
addresses, will void your purchase and may subject your Account to termination.
Whether purchase characteristics constitute an attempt to violate our rules
shall be determined at our sole discretion.
We display discounts on our Sites in connection with each Deal /
Coupon / Offer. These discounts are calculated based upon certain pricing
information provided to us solely by Merchants, which may include the retail
price suggested by the manufacturer, supplier or the Merchant, or an estimated
price based on standard industry practice. Since the pricing information on
which we base our discounts may vary, any discount information that we display
may or may not be representative of the prevailing discount in every area or on
any particular day.
Pricing Error Policy
Opt-In Media Corp knows that from time to time Merchants make
mistakes when creating a Deal / Coupon / Offer to display on their website in
the form of a Deal / Coupon / Offer. If the pricing information is
incorrect or misstated the Merchant does not have to honor the mistaken price
advertised and the Merchant has the right to not honor the Deal / Coupon /
Offer. Furthermore; Opt-In Media Corp does not condone fraud or
allow Merchants to advertise false pricing to get customers to buy their
products and services as this practice is illegal and the consumer is protected
under the laws of the US Federal Government’s Federal Trade Act, Bait and
Switch Policy Protocol, December 10, 1975; Guides
Against Bait Advertising, 16 C.F.R. 238.0 (1967). 32 PR 15,540.
17. Getting Your Deal / Coupon / Offer for Free
After you buy a Deal / Coupon / Offer, the opportunity to get
a Free Deal / Coupon / Offer may be available and may be time-limited as
well as subject to other limitations. Any such limitations will be identified
in the email you will receive notifying you of the opportunity for a free Deal
/ Coupon / Offer.
18. Other Services
In addition to our great Deals / Coupons / Offers, we may from
time to time offer some other products and services. We will set forth any
terms specific to those products or services at the point of purchase or
subscription, and most will be made available in various addenda which can be
found in the Additional Terms. Services include but are not limited to;
CyberTV.tv, ShopCyberCoupons.com & CyberCoupons Magazine, Opt-InRewds.com,
& Opt-inmedia.com.
19. Share with Friends Program
We may from time to time offer you (and your friends) the
opportunity to obtain time-limited promotional codes for discounts or credits
to Opt-In Rewards ("Promo Codes") by referring your friends to the
Sites through our “Share with Friends Program (the “SWF Program”). To
participate in the SWF Program, we may ask you to refer friends by various
means that may include distributing your own personalized signup links, or directly
providing us with the email addresses, or phone numbers of the friends you wish
to share with us. If an email is provided, we will then send your friend’s an
email or text message. The email or signup page linked from personalized link
will explain the SWF Program; invite them to sign up with Opt-In Rewards. The
specific terms of each SWF program opportunity may differ and will be
identified at the time of activation. Sharers may earn free Deals / Coupons /
Offers as promotions are published. Promotion codes will be time-limited, may
be subject to additional use limitations, and have no cash value.
Remember that Promotion Codes are currency-specific. So, you (and
your friends) can only redeem Promotion Codes on Deals / Coupons / Offers that
accept the currency of the home account to which the Promotion Codes are
issued. Under the SWF Program, Promotion Codes are issued in the currency of
the Sharing person’s home account (i.e. the currency of the country where the
Sharing person made their first purchase or first subscribed to Opt-In Rewards).
Consequently, any Promotion Codes issued under the SWF Program can only be used
on Deals / Coupons / Offers that accept the currency of the sharing person’s
home account. Opt-In Media Corp reserves the right to change, modify and/or
discontinue the SWF Program, in whole or in part, in its sole discretion, at
any time and without notice.
20. Ownership of the Sites and Services
The Sites and/or Services (including past, present and future
versions) and all content that are included in, on, or that are otherwise a
part of the Sites and/or Services (collectively, the "Content") are
owned, controlled or licensed by Opt-In Rewards, its subsidiaries or affiliates.
21. Copyright/Trademarks
The entire contents of the Sites and/or Services (including the
Content) are copyrighted under the United States copyright laws and/or similar
laws of other jurisdictions. Without limitation, Opt-In Media Corp owns a copyright
in the selection, coordination, arrangement and enhancement of the Content on
the Sites and/or in the Services. Trademarks and service marks, including,
without limitation, “Opt-In Media Corp”, which appear on the Sites and/or in
the Services are the service and trademarks of Opt-In Media Corp or affiliated
entities. Without Opt-In Media Corp’s prior written permission, you agree not
to display or use, in any manner, any such marks. Without limitation of the
preceding, you may not use any Meta Tags or any other "hidden text"
utilizing our names or trademarks without our express written consent.
Notwithstanding the foregoing, any goodwill associated with any use of such
marks by you will inure exclusively to Opt-In
Media Corp or their respective owners. The Content may not be copied, modified,
reproduced, downloaded or distributed in any way, in whole or in part, without
the express prior written permission of Opt-In Media Corp, unless and except as
is expressly provided in these Terms. Any unauthorized use of the Content is
prohibited. You agree to abide by any and all additional trademark and
copyright notices, information or restrictions contained in any part of the
Sites and/or Services.
22. Your Access to the Sites and Services
Subject to your compliance with the Terms, we grant you a limited
license to access and make personal use of the Sites and/or Services. You are
expressly prohibited from:
(i) any resale or
commercial use of the Sites, the Services, the Contents and/or any of the other
contents or materials found thereon;
(ii) any collection and use
of any product listings, descriptions, prices or any other information posted
on the Site for any purpose other than your own personal use, including,
without limitation, any purpose competitive to CyberCoupons or the Merchants
featured hereunder or any commercial purpose, including marketing;
(iii) any downloading or copying of Site or Account information for
any reason other than your personal use, or any use of data mining, robots or
similar data gathering and extraction tools;
(iv) deep-linking to any portion of the Site;
(v) framing or utilizing framing techniques to enclose any portion
of the Site without express written consent;
(vi) using the Sites and/or the Services to access or collect any
personally information, including account names, email
addresses or other such information for any purpose, including, without
limitation, commercial purposes;
(vii) attempting to gain access to secured portions of the Sites
and/or Services to which you do not possess access rights to;
(viii) using the Site and/or Services to generate unsolicited email
advertisements or spam; or
(ix) using any automatic or manual process to search or harvest
information from the Sites and/or Services, or interfering in any way with the
proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, its Content and/or
any other contents or materials found thereon shall immediately terminate the
permission or license granted by us in these Terms. You are granted a limited,
revocable and nonexclusive right to create a hyperlink to the home page of
CyberCoupons.com, or Opt-inmedia.com, or Salessignup.com so long as the link
does not portray us or any of our products or services in a false, misleading,
derogatory or otherwise offensive matter. You may not use any of our logos or
other proprietary graphics or trademarks as part of the link without express
written permission.
23. Third-Party Links and Contents
Our Sites and/or Services, or communications you receive from our
Sites and/or Services may include third-party content or links to third-party
websites that we do not control, maintain or endorse. Accessing those
third-party sites requires you to leave the Sites and/or Services. We do not
control those third-party sites or any of the content contained therein and you
expressly acknowledge and agree that we are in no way responsible or liable for
any of those third-party sites, including, without limitation, their content,
policies, failures, promotions, products, services, actions and/or any damages,
losses, failures or problems caused by, related to or arising from those third
parties or their sites.
Your communication with and business dealings with other found on
or through the sites and/or services, including, without limitation, the
payment and delivery of products and services, and any terms, conditions,
warranties and representations associated with any such dealings, are solely
between you and the third-party. Opt-In Media Corp encourages you to review all
policies, rules, terms and regulations, including the privacy policies and
terms of use of each and any third-party site that you go to.
24. Information and Content Submitted by You
The Sites and Services may offer you the opportunity to post
reviews, comments, photos, questions and other content (“User Content”). You
agree not to post any User Content on any of the Sites and/or Services that is
illegal, obscene, threatening, defamatory, and invasive of privacy, infringing
of intellectual property rights or otherwise injurious to third parties. You
further agree not to post any User Content that contains software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings or
any form of "spam." You may not use a false email address,
impersonate any person or entity or otherwise mislead as to the origin of User
Content. Opt-In Media reserves the right (but not the obligation) to remove or
edit such User Content, but does not regularly review posted User Content. Any
opinions, advice, ratings, discussions, comments and/or other User Content of
any kind made by you or any user of the Sites and/or Services are those of the
respective author(s) or distributor(s) and not of Opt-In Media Corp.
If you do post User Content or submit material, and unless we
indicate otherwise, you grant Opt-In Media Corp a non-exclusive, royalty-free,
perpetual, irrevocable and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute and
display such User Content throughout the world in any media. You grant Opt-In
Media Corp and our sub licensees the right to use the name that you submit in
connection with such User Content at our discretion. You represent and warrant
that you own or otherwise control all of the rights to the User Content that
you post, that the User Content is accurate, that use of the User Content you
supply does not violate this policy and will not cause injury to any person or
entity and that you will indemnify Opt-In Media Corp for all claims resulting
from User Content you supply. Opt-In Media Corp takes no responsibility and
assumes no liability for any User Content posted by you or any third party.
25. Product Submissions
Opt-In Media Corp does not accept unsolicited submissions for
business ideas, web sites, articles or other products or services. It is our
intent to avoid the possibility of future misunderstandings when projects
developed by or on behalf of Opt-In Media Corp (whether internally or by third
parties) might seem to others to be similar to their own creative ideas or
materials. Therefore, please do not make any such unsolicited submissions to Opt-In
Media Corp through the Sites, by email, text message, telephonic, or otherwise.
However, if you decide to make any such unsolicited submission, they shall be
subject to these Terms and you hereby grant to Opt-In Media Corp the
irrevocable right and license to the submission as if it were User Content as
specifically set forth above.
26. Termination
If you want to terminate your legal Agreement with Opt-In Media
Corp, you may do so by:
(i) notifying Opt-In
Media Corp at customerservice@opt-inmedia.com
or
(ii) closing your Accounts for all of the Services that
you use.
Opt-In Media Corp may, at any time, terminate this Agreement with
you if:
(i) You have breached any provision
of this Agreement or you do not comply with the Agreement;
(ii) Opt-In Media Corp is
required by law to do so;
(iii) the partner with whom Opt-In Media Corp has
offered the Services to you has terminated its relationship with Opt-In Media
Corp or ceased to offer the Services to you;
(iv) Opt-In Media Corp no longer provides Services in the country
in which you reside; or
(v) Opt-In Media Corp determines that the provision of Services to
you is no longer commercially viable. Notwithstanding anything contrary in
these Terms, Opt-In Media Corp reserves the right to discontinue any product or
service at any time and at its sole discretion.
Without limiting any of the foregoing, Opt-In Media Corp may
immediately terminate or suspend any User IDs, Accounts or passwords in the
event of any conduct by you which Opt-In Media Corp, in its sole discretion,
considers to be unacceptable or in the event of any breach by you of this
Agreement. In the event of termination, you agree to immediately cease access
to our Sites and Services. Any Deal / Coupon / Offer issued prior to
termination will be honored according to its terms and the terms of this
Agreement specifically applicable to such Deal / Coupon / Offer. These Terms
will survive termination of this Agreement.
27. Exclusion of Warranties
WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND
“AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. WE MAKE NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES OR GURANTEES OF ANY KIND ABOUT THE SITES, SERVICES
OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS
SPECIFIED IN WRITING.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OPT-IN MEDIA CORPORATION
WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED
BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPT-IN MEDIA CORPORATION AND
OUR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, VENDORS, AND MERCHANTS DISCLAIM
IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY
QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR
NON-INFRINGING. WE DO NOT GUARANTEE THAT:
(A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR;
(C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR
(D) ELECTRONIC COMMUNICATIONS SENT FROM OPT-IN
MEDIA CORP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS
EXPRESSLY STATED IN THE PRIVACY POLICY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A OPT-IN MEDIA
CORP REPRESENTATIVE SHALL CREATE A WARRANTY.
28. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS
PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT OPT-IN MEDIA CORP, ITS AFFILIATES, OFFICERS,
DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF
THE FOLLOWING:
(A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US
DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT
ISSUE OR
(B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES
AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR
LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE
JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND
THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES,
VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR
INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF
WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED
HEREIN, YOU AGREE TO RELEASE OPT-IN MEDIA CORP FROM ANY AND ALL CLAIMS OR
LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY
ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
29. Arbitration of Disputes Governed by Arbitration
Notwithstanding the foregoing, any dispute or claim arising out of
or relating in any way to your visit to the Sites, your purchase or redemption
of a Deal / Coupon / Offer or your use of the Services made available through
the Sites, these Terms, this Agreement, the Privacy Policy or the validity or
enforceability of this arbitration agreement will be resolved by binding
arbitration, rather than in court, except for matters that can be taken to
small claims court in your local jurisdiction. This agreement and any
arbitration shall be governed by the Federal Arbitration Act of 1925 and its
amendments.
There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief (including injunctive and declaratory relief
or statutory damages) as a court, and must follow the provisions of these Terms
as a court would.
To begin an arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to our registered
representative. The arbitration will be conducted before one commercial
arbitrator with substantial experience in resolving commercial contract
disputes from the American Arbitration Association (AAA) under its rules,
including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The
AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879.
We will pay all filing, administration and arbitrator fees for claims totaling
less than $10,000. For larger claims, payment of those fees will be governed by
the AAA’s fee schedule for Consumer Arbitration Costs. You and Opt-In Media Corporation may be able to recover
attorney’s fees in arbitration as you/we would in court if they are available
under applicable law. For any claim that could otherwise be brought in small
claims court, the arbitration shall be conducted solely based on written
submissions and, if the arbitrator deems it appropriate, a telephonic hearing.
If the claim exceeds what can be recovered in a small claims court, and the
arbitrator deems a face-to-face hearing is appropriate, the hearing will be
conducted in the county where you live or at another mutually agreed location
that is convenient to you. A decision by the arbitrator (including any finding
of fact and/or conclusion of law) against either you or Opt-In Media
Corporation shall be confidential unless otherwise required to be disclosed by
law or by any administrative body and may not be collaterally used by either
you or us in existing or subsequent litigation or arbitration involving any
other person or Opt-In Rewards customer.
We both agree that you or we may bring suit in court to enjoin
infringement, unauthorized access or trespass to computer networks or any other
misuse, misappropriation or theft of intellectual property rights. We also each
agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. The
arbitral tribunal shall have the power to rule on any challenge to its own
jurisdiction or to the validity or enforceability of any portion of this
agreement to arbitrate. If any part of this arbitration provision is held
unenforceable, then the balance of this arbitration provision shall remain in
effect and shall be construed in accordance with its terms as if the
unenforceable provision were not contained. If, however, the class action
waiver is found to be unenforceable, then the entire arbitration provision
shall be null and void. If for any reason a claim proceeds in court rather than
in arbitration we each waive any right to a jury trial and agree that we shall
litigate exclusively in the courts located in Washington, State.
Contact information for Opt-In Media Corp Registered
Representative for Disputes/Arbitration is as follows:
Opt-In Media Corporation DBA Opt-In Rewards
Attn: DMCA/Copyright Representative
1501 15th Street NW, Suite 101
Auburn, WA 98071
Attention: customerservice@opt-inmedia.com
30. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless Opt-In Media Corp
and its officers, directors, employees and agents from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt and expenses
(including but not limited to reasonable attorney's fees) arising from:
(i) your use
of and access to Opt-In Rewards;
(ii) your violation of any term of these Terms or
this Agreement;
(iii) your violation of any third-party right,
including, without limitation, any copyright, property or privacy right; or
(iv) any claim that any User Content submitted by you
causes damage to a third-party. This defense and indemnification obligation
will survive the termination of this Agreement and your use of the Sites and/or
Services.
Opt-In Media Corporation reserves the right, but has no
obligation, to monitor or take action regarding disputes that you may have with
other users, customers or any Merchants. To the extent the law permits, you
release us from any claims or liability related to any Content and/or User
Content posted on the Sites and from any claims related to the conduct of any
other customers of ours or any Merchants. You agree to waive California Civil
Code Section 1542 (if you are a California resident), and any similar provision
in any other jurisdiction (if you are a resident of such jurisdiction), which
states: "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."
31. Applicable Law
By using our Services, you agree to these Terms and you further
agree that any claim or dispute between you and Opt-In Media Corporation that
arises out of this Agreement shall be governed by the laws of the State of
Washington and Washington, DC without regard to conflict of law principles,
except that the arbitration provisions contained herein shall be governed by
the Federal Arbitration Act of 1925 and its amendments.
32. Copyright Notice-Digital Millennium Copyright Act of 1998 and
its Amendments (DMCA)
We respect the intellectual property of others, and we ask you to
do the same. If you are a copyright owner or an owner's representative and find
any content on the Sites and/or Services that infringes upon your copyrights,
you may submit a notification according to the Digital Millennium Copyright Act
(“DMCA”). To do so, please provide our DMCA/Copyright representative with the
following information in writing:
(i) A signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the
copyrighted work(s) claimed to have been infringed;
(iii) Identification of the material that is claimed to be
infringing and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Your contact information, including an address,
telephone number and, if available, an e-mail address;
(v) A statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its representative or the law; and
(vi) A statement that the information in the notification is
accurate, and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. You
acknowledge that if you fail to comply with all of the requirements of this
Section, your DMCA notice may not be valid. Contact information for Opt-In
Media Corporation’s Copyright representative for notice of claims of copyright
infringement is as follows:
Opt-In Media Corporation DBA Opt-In Rewards
Attn: DMCA/Copyright Representative
1501 15th Street NW, Suite 101
Auburn, WA 98071
Attention: customerservice@opt-inmedia.com
33. Entire Agreement, Changes to this Agreement and Waivers
These Terms, together with the Privacy Policy, and any other legal
notices published by Opt-In Media Corporation on the Sites, Services or any Deal
/ Coupon / Offer, shall constitute the entire agreement between you and Opt-In
Media Corp concerning your use of the Sites and/or Services. We may
occasionally change the Terms and the Terms of this Agreement and any such
modifications will become effective once they are posted to the Site. It is
your sole responsibility to check the Sites from time to time to view any such
changes to the Terms. Your use of the Sites and/or Services after any
modifications to the Terms will indicate that you accept and agree to the
modified Agreement, provided that these changes will not apply to Deals / Coupons
/ Offers purchased prior to the effective date of such modification. These
modifications will however be effective immediately for new users of our Sites
and/or Services and for all Deals / Coupons / Offers purchased after the
effective date of the modification. Any changes to this Agreement (other than
as set forth in this paragraph) or waiver of Opt-In Media Corporation’s rights
hereunder shall not be valid or effective except in a written agreement bearing
the physical signature of an officer of Opt-In Media Corporation. No purported
waiver or modification of this Agreement by Opt-In Media Corporation via
telephonic or email communications shall be valid.
34. General Terms
You and we are independent contractors, and nothing in this
Agreement creates a partnership, employment relationship or agency
relationship. There are no third-party beneficiaries of this Agreement. We may
assign this Agreement at any time without notice to you. You may not assign
this Agreement or your rights and obligations hereunder, in whole or in part,
to any third-party without our prior written consent, and any attempt by you to
do so will be invalid. Should any part of this Agreement be held invalid or
unenforceable, that portion will be construed consistent with applicable law
and the remaining portions will remain in full force and effect. Our failure to
enforce any provision of this Agreement will not be considered a waiver of the
right to enforce such provision. Our rights under this Agreement will survive
any termination of this Agreement.
YOU AND OPT-IN MEDIA CORPORATION AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO OPT-IN MEDIA CORPORATION MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You
affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations
and warranties set forth in this Agreement, and to abide by and comply with
this Agreement. If you are not legally able to accept these terms, or refuse to
abide by and comply with this Agreement, you must cease use of these Sites
and/or Services immediately.
The parties hereto confirm their express wish that this Agreement
and all documents and agreements directly or indirectly relating thereto be
drawn up in the English language.
35. Additional Terms
· Opt-inmedia.com
· Salessignup.com
· CyberCoupons.com
· ShopCyberCoupons.com
· CyberTV.tv
· CyberCoupons Magazine
· Deals / Coupons / Offers
36. Addendum “A” - Additional Terms for a Merchant
who uses Opt-In Rewards Application from Clover
· Reasonable advance notice will be provided to current subscribers
of an app before you cease making services available through your app, you take
down an app or remove it from current distribution due to: (a) an allegation or
actual infringement of any intellectual property right or right of publicity or
privacy of any third party, (b) an allegation or actual defamation, (c) an
allegation or determination that an app does not comply with applicable law,
(d) you ceasing to do business, or (e) you filing a petition in bankruptcy, dissolving
or otherwise failing or unable to pay your debts as they become due.
· An app may be removed at any time from the App Market if it is
determined that the app: (i) may infringe or otherwise violate the intellectual
property rights or any other rights of any third party; (ii) violates any
applicable law, regulation, card association rule, or is subject to an
injunction; (iii) violates the Clover App Market Developer Program Policies;
(iv) is being distributed in a manner that is in breach of the Clover Developer
Terms; (v) may create liability for Clover; or (vi) may contain a virus,
malware or spyware, or may have an adverse impact on Clover's systems.
· If you offer an auto--‐recurring monthly subscription for
your App, a subscriber may cancel their subscription at any time before the end
of the applicable billing cycle, and upon cancellation, the subscriber will:
(i) not receive a refund for the billing period during which the subscriber
cancels its subscription, and (ii) be able to access its subscription and
receive issues and updates of the relevant subscription until the subscription
termination date.
· Clover, on [Developer’s] behalf, may refund the full purchase or
subscription price of an app to a subscriber if: (i) an app does not function
properly; or (ii) a subscriber requests a refund from Clover, as your agent,
within a reasonable time period.
· Clover and its affiliates do not have any responsibility or
liability to a subscriber of an app in any way with respect to the subscriber’s
use of an app.