Terms of Use
General
The terms and conditions contained below govern the use of the Website "Offeretti.com", any sub domains of Offeretti.com, and any other website pages on which services are provided by us (collectively, the "Site") (“Terms of Use”). If you do not agree to the Terms of Use set forth below, please do not use the Site or any information contained therein. By using the Site and/or the information contained therein you agree to the terms set forth below.
1) Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Offeretti, Inc. ("Offeretti"), and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Offeretti’s express prior written consent. Offeretti does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Offeretti reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Offeretti does not and cannot review all materials posted to the Site by users, and Offeretti is not responsible for any such materials posted by users. However, Offeretti reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Offeretti’s sole discretion is objectionable or in violation of these Terms of Use. All registered trademarks, trademarks and service marks that may be used on the coupons, rebates or other promotional material featured on the Site to identify the products and services of other companies are the property of their respective owners. Offeretti makes no claims to these trademarks, trademarks and service marks. Offeretti reserves the right to add additional trademarks, trademarks and service marks that identify products and services featured on the Site.
2) Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Offeretti reserves the right to bar any such activity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Offeretti or others.
3) Copyright and Permissions
You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.
You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Offeretti; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without prior written permission. You may, however, make copies of coupons, rebates, advertisements, or other promotional and marketing materials from a Merchant as reasonably necessary for the proper use and redemption of such rebate or other promotion.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Offeretti.
Offeretti has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact our Copyright Administrator. He can be reached by e-mail at info[at]offeretti.com.
4)
Trademarks/Service Marks
Any and all trademarks, service marks, trade names, logos or other source identifiers owned by Offeretti, Merchants or any third parties (collectively the "Marks") displayed on the Site identify the products and services of Offeretti, Merchants and third parties and inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any of the Marks displayed on the Site. Your misuse of any of the Marks is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- In a manner likely to cause confusion;
- To identify your products or services;
- In, as, or part of your own trademarks or services marks;
- In a manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or,
- In a manner that disparages or dilutes the Marks.
You are also advised that Offeretti will enforce its intellectual property rights to the fullest extent of the law. Merchants and other third parties also have the right to enforce their intellectual property rights against you for misuse of their Marks. You agree not to display or otherwise inappropriately use the Marks without prior written permission from the mark-owner. For Marks owned by Offeretti, please make such requests by e-mail to our Copyright Administrator at info[at]offeretti.com. We will evaluate your request and respond as soon as possible.
5) Interactive Material
Offeretti maintains social networking groups through Facebook® and Twitter® ("Offeretti’s Social Networking Groups"). Portions of Offeretti’s Social Networking Groups may allow users to post their own material. The materials posted by users do not necessarily reflect the views of Offeretti. By posting materials to Offeretti’s Social Networking Groups, you represent that you have all necessary rights in and to such materials, and that such materials will not infringe on any personal or proprietary rights of any third parties, nor will such materials be harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, or otherwise objectionable. You also represent that any materials you post to Offeretti’s Social Networking Groups do not violate any provision in this Terms of Use or the policies of Facebook® or Twitter®.
Offeretti reserves the right, at its sole discretion, to review, edit, or delete any material posted by users on Offeretti’s Social Networking Groups that Offeretti for any reason whatsoever determines may be harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, potentially in violation of any party's rights, or otherwise objectionable.
NOTWITHSTANDING THE FOREGOING, OFFERETTI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THIS WEB SITE.
By posting materials to Offeretti’s Social Networking Groups, you authorize Offeretti to use, and authorize others to use, any such materials in any manner or medium, so long as such use is not in violation of Facebook® or Twitter®’s policies.
You may not advertise or solicit on Offeretti’s Social Networking Groups without Offeretti’s prior express written permission.
6) Additional Disclaimers and Limitation of Liabilities and Warranties
Offeretti makes an effort to keep the information on this Site reliable and accurate, but does not guarantee the reliability or accuracy of any of the information on either the Site or on sites that are linked to this Site. The Site may contain technical inaccuracies, typographical errors, and out-of-date information. The Site makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that your use of the Site is at your own risk.
Offeretti shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. All coupons, offers and promotions on this Site are subject to change without notice. Offeretti provides you a venue for obtaining the information contained on the Site and has no control over the legality of any coupons or other offers made by Merchants on the Site, the ability of Merchants to complete sale in accordance with the offers, or the quality of the goods and/or services offered by Merchants. Offeretti has no control over whether Merchants will honor the offers and coupons shown on the Site and does not guarantee the accuracy or completeness of the information contained on this Site. In the event you have a dispute with a Merchant in any way relating to the Site or the use of information from the Site, you agree to waive and release Offeretti from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
OFFERETTI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) OFFERETTI MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED "AS IS." OFFERETTI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.
7) User Conduct/Guidelines
The Site may now, or in the future, provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted. You agree that you have read and are familiar with the following guidelines.
Please note that messages from users who violate our guidelines may be blocked. Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "User-Generated Content") is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Site.
You agree not to:
1. post, disseminate, or transmit any User-Generated Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
2. post, disseminate, or transmit any User-Generated Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
3. post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
4. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any User-Generated Content transmitted through the Site;
5. post, disseminate, or transmit any User-Generated Content you do not have the right to post, disseminate, or transmit;
6. interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
7. use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website's providers, websites, or the like; or,
8. violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally.
8) Modifications
Offeretti may change these terms and conditions at any time and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the Site will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Site.
9) Termination of Use
Offeretti may, in its sole discretion, terminate your use of the Site at anytime. Offeretti reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
10) Dispute Resolution
This Agreement will be governed by the laws of the Commonwealth of Virginia without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to this Agreement shall be instituted in any state or federal court in Richmond County, Virginia. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in, the aforesaid courts in any such legal action or proceeding. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. You understand and agree that your submission to jurisdiction in Virginia may benefit Offeretti, and such submission is factored into the cost and nature of the Services provided to you.
11) Headings
The headings of each of these Terms of Use are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
12) No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of Offeretti.
13) Invalidity of Provisions
In the event that any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
14) No Waiver
Any failure by Offeretti to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
15) Changes to the Terms and Conditions
No changes to these Terms of Use shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms of Use, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Offeretti.
16) Complete Understanding
These Terms of Use constitute the entire understanding between Offeretti and you with respect to the Site.
By using the Site, you signify your assent to these Terms of Use and any subsequent modifications. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful.
For more information about Offeretti or if you have any questions about our Terms of Use, please contact us by e-mail at info[at]offeretti.com. We would be happy to answer your questions or hear your concerns.