Last Modified: July 14, 2016
Acceptance of the Terms of Use
These terms of use are entered into
by and between You and Synergycard, Inc. ("Company",
"we" or "us").
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these "Terms
of Use"), govern your access to and use of www.SynergyDigitalSavings.com,
including any content, functionality and services offered on or through www.SynergyDigitalSavings.com
(the "Website"), whether as a guest or a
registered user.
Please read the Terms of Use
carefully before you start to use the Website. By using the Website, you
accept and agree to be bound and abide by these Terms of Use and our Privacy
Policy, found here
reference. If you do not want to agree to these Terms of Use, Terms of Sale
or the Privacy Policy, you must not access or use the Website.
This Website is offered and
available to users who are 18 years of age or older, and reside in the United
States or any of its territories or possessions. By using this Website, you
represent and warrant that:
·
you are of legal age to form a binding contract with the Company;
·
you are not barred from receiving products or services under
applicable law;
·
Your use of the Website will at all times comply with these Terms
of Use;
·
You have the right to provide any and all information you submit
to the Website, and all such information is accurate, current and complete, and
you will update and correct information you have submitted to the Website to
ensure that it is accurate at all times.
Changes to
the Terms of Use
We may revise and update these
Terms of Use from time to time in our sole discretion. If we make changes that
affect your use of the Website or our services, we will post notice of the
changes on the Terms of Use page. All changes are effective immediately when we
post them and apply to all access to and use of the Website thereafter.
However, any changes to the dispute resolution provisions set forth in
Governing Law and Jurisdiction will not apply to any disputes for which the
parties have actual notice on or prior to the date the change is posted on the
Website.
Your continued use of the Website
following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page regularly so you are aware
of any changes, as they are binding on you.
Accessing
the Website and Account Security
We reserve the right to withdraw or
amend this Website, and any service or material we provide on the Website, in
our sole discretion without notice. We will not be liable if for any reason all
or any part of the Website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for:
·
Making all arrangements necessary for you to have access to the
Website.
·
Ensuring that all persons who access the Website through your
internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of
the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that
all the information you provide on the Website is correct, current and
complete. You agree that all information you provide to register with this
Website or otherwise, including but not limited to through the use of any
interactive features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided
with, a user name, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any other person or entity. You also acknowledge that
your account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any
user name, password or other identifier, whether chosen by you or provided by
us, at any time in our sole discretion for any or no reason, including if, in
our opinion, you have violated any provision of these Terms of Use.
Intellectual
Property Rights
The Website and its entire contents, features and
functionality including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and arrangement
thereof, are owned by the Company, its licensors or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary
rights laws.
These Terms of Use permit you to use the Website for your
personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our Website, except as
follows:
·
Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
·
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
·
You may print or download one copy of a reasonable number of pages
of the Website for your own personal, non-commercial use and not for further
reproduction, publication or distribution.
·
If we provide desktop, mobile or other applications for download,
you may download a single copy to your computer or mobile device solely for
your own personal, non-commercial use, provided you agree to be bound by our
end user license agreement for such applications.
If we provide social media features:
https://www.facebook.com/SynergyDigitalSavings,
https://twitter.com/SynergyDigitalSavings, https://www.instagram.com/synergydigitalsavings/
with certain content, you may take such actions as are enabled by such
features.
You must not:
·
Modify copies of any materials from this site.
·
Use any illustrations, photographs, video or audio sequences or
any graphics separately from the accompanying text.
·
Delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any
part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website
other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or
provide any other person with access to any part of the Website in breach of
the Terms of Use, your right to use the Website will cease immediately and you
must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark and other laws.
Trademarks
The Company name, the terms Get 1
Card, Join the Happiness, Share the Happiness and all related names, logos,
product and service names, designs and slogans are trademarks of the Company or
its affiliates or licensors. You must not use such marks without the prior
written permission of the Company. All other names, logos, product and service
names, designs and slogans on this Website are the trademarks of their
respective owners.
Prohibited
Uses
You may use the Website only for
lawful purposes and in accordance with these Terms of Use. You agree not to use
the Website:
·
In any way that violates any applicable federal, state, local or
international law or regulation including, without limitation, any laws
regarding the export of data or software to and from the US or other countries
·
For the purpose of exploiting, harming or attempting to exploit
or harm minors in any way by exposing them to inappropriate content, asking for
personally identifiable information or otherwise.
·
To transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including any
"junk mail", "chain letter" or "spam" or any
other similar solicitation.
·
To impersonate or attempt to impersonate the Company, a Company
employee, another user or any other person or entity including, without
limitation, by using e-mail addresses or screen names associated with any of
the foregoing.
·
To engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Website, or which, as determined by us, may
harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
·
Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of the
Website, including their ability to engage in real time activities through the
Website.
·
Use any robot, spider or other automatic device, process or means
to access the Website for any purpose, including monitoring or copying any of
the material on the Website.
·
Use any manual process to monitor or copy any of the material on
the Website or for any other unauthorized purpose without our prior written
consent.
·
Use any device, software or routine that interferes with the
proper working of the Website.
·
Introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful.
·
Attempt to gain unauthorized access to, interfere with, damage or
disrupt any parts of the Website, the server on which the Website is stored, or
any server, computer or database connected to the Website.
·
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper working of the
Website.
User
Contributions
The Website may contain message
boards, chat rooms, personal web pages or profiles, forums, bulletin boards and
other interactive features (collectively, "Interactive
Services") that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply
with the Content Standards set out in these Terms of Use.
Any User Contribution you post to
the site will be considered non-confidential and non-proprietary. By providing
any User Contribution on the Website, you grant us and our affiliates and
service providers, and each of their and our respective licensees, successors
and assigns the right to use, reproduce, modify, perform, display, distribute
and otherwise disclose to third parties any such material for any
purpose/according to your account settings.
You represent and warrant that:
·
You own or control all rights in and to the User Contributions
and have the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees,
successors and assigns.
·
You will not upload, post, or otherwise make available on the
Website any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark,
or other proprietary right.
·
All of your User Contributions do and will comply with these
Terms of Use.
You understand and acknowledge that
you are responsible for any User Contributions you submit or contribute, and you,
not the Company, have full responsibility for such content, including its
legality, reliability, accuracy and appropriateness.
We are not responsible, or liable
to any third party, for the content or accuracy of any User Contributions posted
by you or any other user of the Website.
Monitoring
and Enforcement; Termination
We have the right to:
·
Remove or refuse to post any User Contributions for any or no
reason in our sole discretion.
·
Take any action with respect to any User Contribution that we
deem necessary or appropriate in our sole discretion, including if we believe
that such User Contribution violates the Terms of Use, including the Content
Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the
public or could create liability for the Company.
·
Disclose your identity or other information about you to any
third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
·
Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the
Website.
·
Terminate or suspend your access to all or part of the Website
for any or no reason, including without limitation, any violation of these
Terms of Use.
Without limiting the foregoing, we
have the right to fully cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING
PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we do not undertake to
review all material before it is posted on the Website, and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly,
we assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Content
Standards
These content standards apply to
any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
·
Contain any material which is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory or otherwise
objectionable.
·
Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
·
Infringe any patent, trademark, trade secret, copyright or other
intellectual property or other rights of any other person.
·
Violate the legal rights including the rights of publicity and
privacy of others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms of Use and our Privacy Policy
·
Be likely to deceive any person.
·
Promote any illegal activity, or advocate, promote or assist any
unlawful act.
·
Cause annoyance, inconvenience or needless anxiety or be likely
to upset, embarrass, alarm or annoy any other person.
·
Impersonate any person, or misrepresent your identity or affiliation
with any person or organization.
·
Involve commercial activities or sales, such as contests,
sweepstakes and other sales promotions, barter or advertising.
·
Give the impression that they emanate from or are endorsed by us
or any other person or entity, if this is not the case.
Reliance
on Information Posted
The information presented on or
through the Website is made available solely for general information purposes.
We do not warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website may include content
provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting
services. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.
Changes to
the Website
We may update the content on this
Website from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date at any given
time, and we are under no obligation to update such material.
Information
About You and Your Visits to the Website
All information we collect on this
Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Online
Purchases and Other Terms and Conditions
All purchases through our site or
other transactions for the sale of goods, services, or information formed
through the Website or as a result of visits made by you are governed by our
Terms of Sale,
which are hereby incorporated into these Terms of Use at the bottom of this
page.
Additional terms and conditions may
also apply to specific portions, services or features of the Website. All such
additional terms and conditions are hereby incorporated by this reference into
these Terms of Use.
Linking to
the Website and Social Media Features
You may link to our homepage,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
without our express written consent.
This Website may provide certain
social media features that enable you to:
·
Link from your own or certain third-party websites to certain
content on this Website.
·
Send e-mails or other communications with certain content, or
links to certain content, on this Website.
·
Cause limited portions of content on this Website to be displayed
or appear to be displayed on your own or certain third-party websites.
You may use these features solely
as they are provided by us, and solely with respect to the content they are
displayed with and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing,
you must not:
·
Establish a link from any website that is not owned by you.
·
Cause the Website or portions of it to be displayed, or appear to
be displayed by, for example, framing, deep linking or in-line linking, on any
other site.
·
Link to any part of the Website other than the homepage.
·
Otherwise take any action with respect to the materials on this
Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are
linking, or on which you make certain content accessible, must comply in all
respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing
any unauthorized framing or linking immediately to cease. We reserve the right
to withdraw linking permission without notice.
We may disable all or any social
media features and any links at any time without notice in our discretion.
Links from
the Website
If the Website contains links to
other sites and resources provided by third parties, these links are provided
for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third party websites linked to this Website, you do so entirely
at your own risk and subject to the terms and conditions of use for such
websites.
Geographic
Restrictions
The owner of the Website is based
in the state of California in the United States. We provide this Website for
use only by persons located in the United States. We make no claims that the
Website or any of its content is accessible or appropriate outside of the
United States. Access to the Website may not be legal by certain persons or in
certain countries. If you access the Website from outside the United States,
you do so on your own initiative and are responsible for compliance with local
laws.
Disclaimer
of Warranties
You understand that we cannot and
do not guarantee or warrant that files available for downloading from the
internet or the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of
data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT
AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR
ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation
on Liability
IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS
OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and
hold harmless the Company, its affiliates, licensors and service providers, and
its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not
limited to, your User Contributions, any use of the Website's content, services
and products other than as expressly authorized in these Terms of Use or your
use of any information obtained from the Website.
Governing
Law and Jurisdiction
All matters relating to the Website
and these Terms of Use and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of California
without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction).
Any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or
the courts of the State of California although we retain the right to bring any
suit, action or proceeding against you for breach of these Terms of Use in your
country of residence or any other relevant country. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
Arbitration
At Synergycard’s sole discretion, it
may require You to submit any disputes arising from the use of these Terms of
Use or the Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying California law
Limitation
on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and
Severability
No waiver of by the Company of any
term or condition set forth in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of
Use is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire
Agreement
The Terms of Use and our Privacy
Policy, Terms of Sale, and constitute the sole and entire agreement between you
and Synergy World with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website.
Terms of
Sale
By purchasing the Get 1 Card, you agree to the each and
every term, condition and policy on the website, including, without limitation,
the Terms of Sale specified below and the Terms of Use. These terms and
conditions of Sale (the “Terms”) are the only terms which govern the sale of
the products and/or services by Get 1 Card, Inc. to you as the purchaser. These
Terms apply to any purchases made by you from Get 1 Card, and by placing your
order through this website, you accept and are bound to the Terms.
(a) In General
Digital Savings and
Products advertised on the Site are provided by the Merchant. Get 1 Card,
Inc. does not investigate or vet Merchants. Get 1 Card, Inc. is not
responsible for any claims associated with the description of the Merchant’s
Digital Savings or Products. Pricing relating to Digital Savings or Products
may change without notice.
Get 1 Card, Inc. may, in its sole discretion, verify a
user’s identity prior to processing a purchase. Get 1 Card, Inc. may also
refuse to process a purchase, may cancel a purchase, as reasonably deemed
necessary, to comply with applicable law or to respond to a case of
misrepresentation, fraud or known or potential violations of the law or these
Terms of Use. Refunds for cancelled orders may be issued where appropriate.
(b)
Digital Savings
Digital Savings are redeemable for certain goods, services
or products offered by Merchant offering the digital savings. The Merchant is
solely responsible for redeeming the Digital Saving. Furthermore, the Merchant
is fully and solely responsible for the care and quality of 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 Digital
Saving or not. You waive and release Get 1 Card, Inc. and its subsidiaries,
affiliates, partners, officers, directors, employees and agents from any
Liabilities arising from or related to any act or omission of a Merchant in
connection with your use of a Digital Savings or the goods, services or
experiences a Merchant provides in connection with the Digital Savings.
By purchasing, any Get 1 Card, you agree specifically to the
terms on the Digital Savings and any additional deal-specific terms advertised
in connection with and on the Digital Savings at the time of purchase, the
Terms of Use and these Terms of Sale.
The Merchant is the sole issuer of the Digital Savings. Digital
Savings are not redeemable for cash, unless required by law. Unauthorized or
unlawful reproduction, resale, modification or trade of get 1 card is
prohibited.
(c)
Merchant Products
Products that you purchased through the Site are subject to
the terms below:
Through the Get 1 Card site, certain Merchants will allow
you to purchase various products directly from the Merchants. If you purchase
a Product, a promotional code will be e-mail to you. That promotional code can
then be used on the merchant’s website to receive the discount on a specific
purchase. Terms and Conditions regarding shipping, delivery and applicable
sales taxes will be shown at checkout for that specific merchant. After you
receive the code and product is purchased, your dealings regarding the product
will be directly with the merchant supplying the product. Merchant is solely
responsible for all Merchant Products purchased through the site.
(d) LIMITATION OF LIABILITY
GET 1 CARD, INC. DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GET 1 CARD,
INC. WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY
ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCT, GET 1 CARD, INC.IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY
NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE
LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
(e) Governing Law
You agree to comply with all applicable laws and regulations
of the various states and of the United States. Buyer agrees and represents
they are buying for their own internal use only, and not for resale or export.
Product, which may include technology and software, is subject to U.S. export
laws as well as the laws of the country where it is delivered or used. Product
may not be sold, leased or transferred to restricted countries, restricted end
users or for restricted end uses.
(f)
Submission to Jurisdiction
Any legal suit, action or proceeding arising out of or
relating to this Agreement shall be instituted in the federal courts of the
United States of America or the courts of the State of California in each case,
and each party irrevocably submits to the exclusive jurisdiction of such courts
in any such suit, action or proceeding. We
each agree that we shall bring any dispute against the other in our respective
individual capacities and not as a plaintiff or class member in any purported
class, representative proceeding or as an association.
(g) Indemnification
You
agree to defend, indemnify and hold harmless Get 1 Card, Inc., its subsidiaries
and affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including, without limitation,
attorneys’ fees, arising out of, related to, or in connection with any of the
following: (a) any Merchant Offerings or Products purchased by you through the
website or any additional products or services purchased or obtained by you
from the Merchant; (b) any User Content submitted or posted by you, in
connection with the Site, or any use of the Site in violation of these Terms of
Use; (c) fraud you commit or your intentional misconduct or gross negligence;
or (d) your violation of any applicable U.S., Canadian, or foreign law or
rights of a third-party.
You are solely responsible for your interactions with
Merchants and other users of the website. To the extent permitted under
applicable laws, you hereby release Get 1 Card, Inc. from any and all claims or
liability related to any product or service of a Merchant, regardless of
whether such product or service is a Merchant Offering available through the
Site, any action or inaction by a Merchant, including, without limitation, but
not limited to any harm caused to you by action or inaction of a Merchant, a
Merchant’s failure to comply with applicable law and/or failure to abide by the
terms of a Merchant Offering or any other product or service purchased or
obtained by you from the Merchant, and any conduct, speech or user content,
whether online or offline, of any other third-party.
If you are a California
resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Your
Comments and Concerns
This website is operated by Synergycard,
Inc., 12625 High Bluff Drive, Suite 208, San Diego, CA 92130.
All other feedback, comments,
requests for technical support and other communications relating to the Website
should be directed to: [email protected]
or 858-569-8842
