LAST UPDATED: SEPTEMBER 20, 2011
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1. LEGAL AGREEMENT
2. USER AGREEMENT
You are expressly giving your permission for Company to provide any information collected on this Website to Vendors and other third parties. Company controls only the landing page and intake forms on this Website. Upon entry of the requested information, a participating Vendor may contact you directly to provide you information about their Third Party Products. You are expressly giving your permission for such Vendors and other third parties to contact you by email, text messaging or telephone. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website.
You further represent and warrant that:
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
4. PRODUCT AND SERVICE REFERRALS PROVIDED.
This Website and its owners do not provide the Third Party Products or act as a broker in connection with any Third Party Products. This Website exclusively provides the service of obtaining information from you and automatically directing such information to Vendors and other third parties who may be contacting you with information about their or other Third Party Products. Please note that information provided to you by Vendors and other third parties may not be used as the sole basis for your decision to use a particular Third Party Product, and may not meet your particular needs. Please seek the advice of an appropriate professional regarding the assessment of the information provided about the Third Party Products as a consequence of your use of the Website.
5. REJECTION OF APPLICATION, TERMINATION AND CANCELLATION.
Company may reject any information provided by any person with or without cause at its sole discretion. Vendors may reject any application from any person with or without cause at their sole discretion. Company reserves the right to terminate a user account in the event that such user provides false or misleading information or otherwise violates any term of these Terms and Conditions (as determined by Company in its sole discretion). Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. Company may, in its sole discretion and for any reason or no reason at all, terminate your registration with this Website without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of our program; (c) acting against our business interests or reputation; (d) attempting to defraud the Website or third party Vendors or advertisers or otherwise acting unlawfully in relationship to the Company.
6. PROHIBITED USER CONDUCT.
7. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE
The Website may display and make available Third Party Products, content, promotions, advertisements, and offers provided by third parties including, without limitation, Vendors ("Third Party Promotions"), as well as Third Party Products. You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable third party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
8. RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website and is not affiliated with any of the Third Party Products advertised or otherwise promoted or listed on the Website. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the Third Party Products provided by this Website. Furthermore, participating advertisers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any advertisers.
9. LINKED WEBSITES.
You may be able to link to third parties' Websites ("Linked Websites") from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
Other Websites may link to the Website only through a plain-text link. Permission must be granted by Company for any other type of link. To seek Company permission, you may write to Company at the address provided below. Company reserves the right, however, to rescind any permission granted by Company to link through a plain-text link or any other type of link, and to require termination of any such link to the Website, at our discretion, at any time.
10. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. To seek Company permission, you may write to Company at the address provided below. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Website via e-mail or any means that Company may create or provide in the future will become Company property throughout the world and Company shall be entitled (without compensation to any party) to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against Company with respect to such use. You agree that, in the event you make a submission to Company, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.
11. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
13. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind:
By visiting this Website or participating in games and activities on the Website, you agree to
comply with all relevant local, state, provincial, and national laws and/or regulations that may be
applicable to your visitation and/or participation.
Company will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing Company to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Website in violation of any applicable federal, state, or local laws. state, or local laws.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Website or Website content must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
16. CHOICE OF LAW, VENUE AND JURISDICTION.
Company controls and operates this Website from Company offices in the United States of America. Company does not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of Texas, excluding its conflicts-of-law rules, shall govern your use of the Website, the Website Content, and these Terms and Conditions. Your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or in connection with your use of and/or inability to use the Website and/or Website Content shall be heard in Travis County, Texas.
You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, and further agree to submit your dispute for resolution by arbitration before the American Arbitration Association in Travis County, Texas, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court or competent jurisdiction.
17. SMS SERVICE.
Company may make available a service either directly or through third parties by which you can receive messages on your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Program subscribers may opt out of the SMS Service by replying with the keyword "STOP", "END", or "QUIT" to the SMS text message received or use the convenient Mobile Unsubscribe link on this website. This process impacts only the future delivery of Company's SMS message offering and will not unsubscribe you from other SMS programs to which you may have subscribed. Program subscribers may receive assistance for the SMS Service by replying with the keyword "HELP" to the message received.
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or verbal, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. Company reserves the right to terminate these Terms and Conditions and/or to terminate your access to and ability to use the Website (or any portion thereof), at any time (with or without notice).
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms and Conditions or your use of the Website. Company's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use.