This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you,
whether personally or on behalf of an entity ("user" or "you") and Verçai, Inc., doing business as Mintbox,
and its affiliated companies (collectively, "Company" or "we" or "us" or "our"), concerning your access to
and use of the www.mintbox.com website as well as any other media form or media channel related or connected
thereto (collectively, the "Website"). The Website allows users to participate in private sales and
exclusive events both in-store and online and receive cash back for qualifying purchases ("Company
Services"). The Company Services are hosted in the United States.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Website. Persons under the age of 13 are not permitted to register for the Website or use the Website
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION
PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS
AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS
OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
The Company Services may include software for use in connection with the Company Services. If such software
is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA, then Company grants to you a non-exclusive,
revocable, personal, non-transferable license to use such software solely in connection with the Company
Regarding Your Registration
By using the Company Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your
password and account;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use this Website; and
- your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by
the Website's registration form and (b) maintain and promptly update registration data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your account and refuse any and all
current or future use of the Website (or any portion thereof).
EARNED PROMOTION PROGRAM
Earned Promotion is defined as an offer presented by Mintbox from a merchant to registered users upon users
achieving a defined number of purchases or minimum cumulative spend requirement. Registered users who make
"Qualifying Purchases" from merchant businesses will be credited the total transaction amount of the "Net
Amount" towards an Earned Promotion. An offer associated with an Earned Promotion includes but is not
limited to "Earned Private Sale", "Gift Certificate", "E-Certificate" and "Cash Back".
Earned Promotion Expiration:
When a user meets the minimum cumulative spend or defined number of purchases of an Earned Promotion, an
expiration date may apply to offer associated with the Earned Promotion. It is each user's responsibility to
check the expiration date for each Earned Promotion.
Earned Promotion Redemption
Company will deliver Earned Promotion offers depending on the form of redemption. An Earned Promotion that
involves Cash Back, payment guidelines will adhere to the same terms of the General Cash Back Program as
defined below under "Cash Back Payments". An Earned Private Sale will involve the Company providing
instantly users with a one time (1x) use code upon redemption. Earned Gift Cards/E-Certificates, Company
will provide to the user via U.S. Mail or E-mail a Gift certificate.
CASH BACK PAYMENT PROGRAM
Cash back program refers to referrals and purchases made to specific offers that include an added cash back
component. Registered users who make "Qualifying Purchases" from merchant businesses will be credited a
percentage (the "Cash Back Payment") of the "Net Amount" they spend on Qualifying Purchases. "Net Amount"
means the total amount paid for a Qualifying Purchase less amounts charged for items such as taxes, gift
wrapping, shipping, promotional credits, returns, cancellations, transaction fees or as the affiliate
business may define on its respective website or agreement with Company.
In order for a purchase to be treated as a "Qualifying Purchase", the following conditions must be
- The user clicked on the designated button or other link identified with specific offers
made available on the Website and received a confirmation ("Confirmation") from the Website via email,
SMS, pop-up window or otherwise as provided by Company.
- The purchase is made in-store or online using a credit or debit card registered by the user
with the Website.
- If a purchase is made online, the user must include an exclusive promotion code if provided
in the Confirmation.
- Online offers that do not require promotion codes, including affiliate links located on the
"STORES&PLACES" page on the Website, (i) must be started and completed in a single shopping session
after the user initially clicks through to an affiliated business website via a link located on our
Website and (ii) first and third party "cookies" must be enabled on the user's web browser.
- The purchase must not be combined with any other discount program, coupons or similar offer
provided by any party other than Company.
- The purchase must be made during the dates set forth in the Confirmation for which the
offer is made available.
- Company must receive both a purchase confirmation and the corresponding payment from the
affiliate business for the Qualifying Purchase.
If an affiliate business or third party provider fails to report a transaction to Company, or the affiliate
business withholds payment to Company for any reason, Company shall not be obligated to pay any applicable
Cash Back Payment. Cash Back Payments are subject to adjustments for returns, cancellations, and other
events. Such adjustments may be applied to user accounts at any time by Company at its sole discretion.
There may be a limited number of purchases that are not eligible for an Earned Promotion or Cash Back
Payments. In such cases, Company will make reasonable efforts to notify you, provided that failure of
Company to so notify you will not result in any liability to Company. Company is not responsible for changes
to, or discontinuance of, any affiliate business, or for any affiliate business withdrawal from the Earned
Promotion or Cash Back Payment programs. Earned Promotion specific terms may change without notice; however,
a user's spend threshold will not expire and can be applied to subsequent Earned Promotions. The Earned
Promotion and Cash Back Payment programs may be ended, percentages reduced or the programs are modified in
any way, at any point, and without notice, though all Cash Back Payments will be paid in full if and when
Program. Mintbox will do its best to minimize and maintain an up-to-date list of exclusions for each offer.
Additionally, to earn Cash Back or accumulate earned spend threshold, you must complete your purchase during
the same shopping session. If you visit other sites before completing your purchase or use coupons not
provided by Mintbox, your purchase might be associated with a service other than Mintbox and you might not
earn cash back on your purchase. If you disable 'cookies' on your computer you will not be able to achieve
spend thresholds towards Earned Offers or earn Cash Back as cookies are used to authenticate the user and be
certain Transaction Amount and Cash Back is assigned to the Member account.
Cash Back Expiration:
Cash back earned directly from an offer will expire six (6) months from the date of the qualified purchase
for that offer.
Cash Back Payment for Referrals
You are eligible to receive a $10 referral fee in the form of a Cash Back Payment by referring two friends
who makes a Qualified Purchase ("Referred Friend"). There is one referral fee for each Referred Friend.
However, there is no limit to the amount of referral fee you can earn. For you to receive this Cash Back
Payment, the Referred Friend (i) must join the Website by directly linking to the Website from an invitation
email sent via the Website, (ii) must not return merchandise within 45 days of the Qualified Purchase. Any
person that has been a previous registered user of the Website shall not qualify as a Referred Friend. If an
individual receives multiple invitations to become a Referred Friend, Company will in its discretion
determine which single user will be eligible to receive the Cash Back Payment for that particular Referred
Friend. Company will generally pay a Cash Back Payment for a referral 45 days after the end of the month
during which a Referred Friend's Qualifying Purchase occurs.
Cash Back Payments are not transferable. Company reserves the right to terminate the account of any user it
believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to this referral fee offer
including, without limitation, creating fictitious, alias, or duplicate accounts to obtain Cash Back
Payments. Company reserves the right to change the terms and policies of this offer at any time without
Cash Back Payments
Company generally pays Cash Back Payments 45 days after the end of the month during which a Qualifying
Purchase occurs, provided that Cash Back Payment accounts must have accrued at least $15 to receive payment.
Payments are scheduled monthly and are generally processed the third week of the month. Account balances
below $15 will be carried over to the following payment period. At the sole discretion of the Company, Cash
Back Payments for Qualifying Purchases may be made via check, reloadable cash card or applied directly to a
user's credit or debit card. Please be aware that Cash Back Payments from certain affiliate businesses
cannot be paid according to Company's usual schedule and must be held for between 60 to 90 days following
the Qualified Purchase, which delay may be due to the affiliate business return policy and/or the payment
policy agreed with Company. If you believe that a Cash Back Payment has not been correctly credited to your
account, you must contact Company customer service within 90 days of the transaction, using the contact
information provided at the end of this Agreement.
Should payments be made to a user's credit or debit card, it is each user's responsibility to keep credit and
debit card account information current in order to facilitate the payment of Cash Back Payments. Should
payments be made by check to a user, it is the user's responsibility to provide a valid mailing address
prior to the payment window. In the event that your information is not current at the time of payment, you
forfeit all accrued Cash Back Payments. Company is also not liable for errors made by payment partners in
applying a Cash Back Payment, though we will work to resolve any such issues should they arise. In no event
will Company be liable for any damage caused by any act or omission of an affiliate business or credit or
debit card provider.
You may be taxed on your accrual of Cash Back Payments depending on the amount of Cash Back Payments you
accrue and the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any
and all tax liability arising out of your accrual of Cash Back Payments. We may report Cash Back Payments
provided to you to relevant tax authorities.
From time to time, Company may establish special offerings or opportunities which may be subject to a special
fee. If you decided to participate in any such offerings or opportunities, you agree to pay the fee of which
you are notified. Such fees, as will be notified to you, may be recurring fees (e.g., monthly), in which
case, you agree that Company may charge your credit or debit card the agreed recurring fee until such time
as you notified Company that you want to terminate your participation with such special offerings or
opportunities. Periodic fees paid to Company are non-refundable.
By posting contributions to any part of the Website, you automatically grant, and you represent and warrant
that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial,
advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such contributions, and to grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media
channels for the purpose of publishing and promoting your contributions in connection with services offered
or to be offered by Company. Such use and distribution license will apply to any form, media, or technology
now known or hereafter developed. By uploading your contributions, you hereby warrant that your
contributions are free of any digital rights management, including any software designed to limit the number
of times the contributions may be copied or played. Company does not assert any ownership over your
contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you
retain full ownership of all of your contributions and any intellectual property rights or other proprietary
rights associated with your contributions. Company has the right, in our sole and absolute discretion, to
(i) edit, redact or otherwise change any Contributions, (ii) re-categorize any contributions to place them
in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be
inappropriate or otherwise in violation of this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information
about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential
and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination
of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to
You may not access or use the Website for any other purpose other than that for which Company makes it
available. The Website is for the personal use of users only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity
includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent
infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services,
unless authorized by Company;
- systematic retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory without written permission from
- making any unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending unsolicited email;
- engaging in unauthorized framing of or linking to the Website;
- transmitting chain letters or junk email to other users;
- using any information obtained from the Website in order to contact, advertise to, solicit,
or sell to any user without their prior explicit consent;
- engaging in any automated use of the system, such as using scripts to add friends or send
comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website;
- attempting to impersonate another user or person;
- using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another
- using the Company Service as part of any effort to compete with Company or to provide
services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website;
- attempting to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any Company employees or agents engaged in
providing any portion of the Company Services to you;
- displaying an advertisement, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity on or through the Website on behalf of that
person, such as posting blogs or bulletins with a commercial purpose;
- deleting the copyright or other proprietary rights notice from any user contribution or
Company Content; and
- using the Website in a manner inconsistent with any and all applicable laws and
Non-commercial Use by Users
The Website is for the personal use of individual users only and may not be used in connection with any
commercial endeavors, unless expressly authorized by Company. Organizations, companies, and/or businesses
may not become users and should not use the Service or the Website for any purpose, unless expressly
authorized by Company. Illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email
and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may
be taken, including without limitation, civil, criminal, and injunctive redress, in Company's
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein
("Marks") are owned by or licensed to Company, and are subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions. Company Content, includes,
without limitation, all source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts
and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S.
and/or other countries. Company's trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service in any manner that is
likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company. Company Content on the Website is provided to you "AS IS" for your
information and personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. Systematic retrieval of data or other content from the
Website to create or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from Company is prohibited. Provided that you are eligible to use the Website,
you are granted a limited license to access and use the Website and the Company Content and to download or
print a copy of any portion of the Company Content to which you have properly gained access solely for your
personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website
and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the Website or features that prevent or
restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Service) links to other websites
("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items belonging to or originating from third
parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Websites accessed through the Website or any Third Party Content posted on, available
through or installed from the Website, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third
Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or
any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the
Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your
own risk and you should be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Website or relating to any applications you use or install from the Website. Any purchases
you make through Third Party Websites will be through other websites and from other companies, and Company
takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the
applicable third party.
Company reserves the right but does not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in Company's sole discretion, violates
this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in Company's sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user's contribution or any
portion thereof that may violate this Agreement or any Company policy;
- in Company's sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size or are in any way
burdensome to Company's systems; and
- otherwise manage the Website in a manner designed to protect the rights and property of
Company and others and to facilitate the proper functioning of the Website.
Company Services, you are consenting to have your personal data transferred to and processed in the United
PROVISIONS FOR ADVERTISERS
You can target specific audiences by buying ads on the Website. These additional terms apply to you if you
place an order for ads on the Website ("Order"). When you place an Order, you will tell us the type of
advertising you want to buy, the amount you want to spend, and your bid, if applicable. If we accept your
Order, we will deliver your ads as inventory becomes available. You will pay for your Orders in accordance
with our payment terms in effect at the time of your Order. The amount you owe will be calculated based on
our tracking mechanisms. Your ads must comply with our advertisement guidelines in effect at the time of
your Order. Unless otherwise agreed with us, we will determine the size, placement, and positioning of your
ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other
improper actions that affect the cost of running ads. You will not offer any contest or sweepstakes without
our prior written consent. If we consent, you take full responsibility for the contest or sweepstakes, and
will follow our applicable guidelines in effect at the time of the Order and all applicable laws. You can
cancel your Order at any time by following our cancellation procedures, but it may take several days before
the ad stops running, during which period the applicable charges will continue to accrue. Please contact us
for information on the current expected lag time from early termination to cessation of an ad running. Our
license to run your ad will end when we have completed your Order. You understand, however, that if users
have interacted with your ads, your ads may remain until the users delete it. You grant us the right to use
your ads and related information for marketing or promotional purposes. You will not issue any press release
or make public statements about your relationship with Company without written permission. We may reject or
remove any ad for any reason. If you are placing ads on someone else's behalf, you warrant that you have
permission to place the ads and you will be primarily responsible for the payment due for such ads.
Additionally, if you fail to make any such payments, we may seek payment directly from the advertiser. You
and the advertiser, jointly and severally, agree to defend, indemnify and hold harmless Company from and
against any claims, actions, proceedings, liabilities, costs, expenses (including attorneys' fees) and
damages arising from or relating to any ads you place on the Website. You warrant that you have the legal
authority to bind the advertiser to this provision. You agree that if the advertiser you represent violates
this provision, we may hold you responsible for that violation.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or
member of the Website, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES,
ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR
PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time
in its sole discretion to block certain IP addresses from accessing the Website Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT
ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING
SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS
USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS
SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected
on the Website and revisions will be indicated by date. You agree to be bound to any changes to this
Agreement when you use the Company Services after any such modification is posted on the Website. Company
may also, in its discretion, choose to alert all users with whom it maintains email information of such
modifications by means of an email to their most recently provided email address. It is therefore important
that you regularly review this Agreement and keep your contact information current in your account settings
to ensure you are informed of changes. Modifications to this Agreement shall be effective when posted but
shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute
resolution shall not apply to disputes arising prior to the effective date of the modification.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company
Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Company Services.
If there is a dispute between users and any third party, you understand and agree that Company is under no
obligation to become involved. In the event that you have a dispute with one or more third parties, you
hereby release Company, its officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such disputes.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or
relating to this Website or the Company Services shall be governed and construed by the law of the State of
California, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against
Company arising out of or related in any respect to this Website and the Company Services shall be brought
solely in either the applicable federal or state courts located in or with jurisdiction over the City of San
Francisco, California; subject, however, to the right of Company, at the Company's sole discretion, to bring
an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of
proprietary or other third party rights (or any similar cause of action) in any applicable court in any
jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge
or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement.
Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or
the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted
more than two (2) years after the cause of action arose.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or
omissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
Company cannot control the nature of all of the content available on the Website. By operating the Website,
Company does not represent or imply that Company endorses any blogs, user contributions or other third party
content available on or linked to by the Website, including without limitation content hosted on third party
websites, or that Company believes user contributions, blogs or other third party content to be accurate,
useful or non-harmful.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY
THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
YOUR INTERACTIONS AND PURCHASES WITH BUSINESSES FOUND ON OR THROUGH THE COMPANY SERVICE, INCLUDING PAYMENT
AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED
WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Company reserves the right to change any and all content, software and other items used or contained in
the Website and any Company Services offered through the Website at any time without notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO
ANY CAUSE OF ACTION ARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of
your contributions, use of the Company Services in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding
the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense,
with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has
its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to
email@example.com. Any notices given to you shall be given to the email address you provided during the
registration process, or such other address as each party may specify. Notice shall be deemed to be given 24
hours after the email is sent, unless the sending party is notified that the email address is invalid. We
may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded
from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are
not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company
Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by
law. This Agreement and your account may not be assigned by you without our express written consent. Company
may assign any or all of its rights and obligations to others at any time. Company shall not be responsible
or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Company Services or to receive further information regarding
use of the Company Services, please contact Company as set forth below or, if any complaint with us is not
satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254.
50 California Street, Suite 1500
San Francisco, CA 94111