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Offermatic Terms of Use Agreement

Date Last Revised: Feb 28, 2011.

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Offermatic, Inc., a Delaware corporation ("Offermatic"), and located at www.Offermatic.com ("Offermatic.com"). By using Offermatic.com you agree to be bound by the terms and conditions of this Agreement and Offermatic's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).

  1. Accepting the Terms
  2. Privacy and your Personal Information
  3. Description of the Service
  4. Credit or Debit Card Account Login Credentials
  5. Your Use of the Service
  6. Rights You Grant to Us
  7. Offers
  8. Access and Interference
  9. Rules for Posting
  10. Disclaimer of Representations and Warranties
  11. Limitations on Offermatic's Liability
  12. Your Indemnification of Offermatic
  13. Ending your relationship with Offermatic
  14. Modifications
  15. Governing Law and Forum for Disputes
  16. Miscellaneous
back to top 1. Accepting the Terms
By using the information, tools, features and functionality located on Offermatic.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Offermatic.com website) or you are a "User" (which means that you have registered with Offermatic). If you wish to become a User, communicate with other Users and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
back to top 2. Privacy and your Personal Information
For information about Offermatic's data security practices, please read Offermatic's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Offermatic treats your personal information when you access Offermatic.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
back to top 3. Description of the Service
The Service is an online application that matches highly targeted and discounted advertising or promotional offers to its Users based on tracking of the Users credit or debit card transactions. Based on such information, the Service may also present information relating to third party products or services ("Offermatic Offers"). The Service is provided to you free of charge by Offermatic.
back to top 4. Credit or Debit Card Account Login Credentials
In order to utilize the Service, Members enable Offermatic to retrieve their own information maintained online by thirdparty financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Offermatic works with one or more online financial service providers under contract to access this Account Information. Offermatic makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Offermatic is not responsible for the products and services offered by or on third-party sites. Offermatic cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
back to top 5. Your Use of the Service
Your right to access and use Offermatic.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Offermatic.com for lawful purposes. Accurate records enable Offermatic to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of Offermatic.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Offermatic.com.
back to top 6. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Offermatic through the Service, you are licensing that content to Offermatic solely for the purpose of providing the Service. Offermatic may use and store the content, but only to provide the Service to you and may not use it for any other reasons. By submitting this content to Offermatic, you represent that you are entitled to submit it to Offermatic for use for this purpose, without any obligation by Offermatic to pay any fees or other limitations.

By using the Service, you expressly authorize Offermatic to access your Account Information maintained by identified third parties, on your behalf as your agent. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Offermatic a limited power of attorney, and appoint Offermatic as your attorney-infact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
back to top 7. Offers
Offermatic provides consumers with opportunities to purchase products and services from third party merchants ("Merchants"). Merchants are willing to offer attractive promotionals in order to reach Offermatic members.

  • How It Works

    By purchasing an Offer, you agree to the terms, restrictions and conditions associated with the Offer. Once you've made your purchase, you will received a confirmation of the Offer and your credit card or PayPal account will be charged for the amount of the Offer. We will notify you by email when the Voucher (defined below) for the Offer is ready to be used. You are required to be an Offermatic member in order to receive and/or purchase any offers. A membership with Offermatic is required so that we can send you highly targeted offers related to your purchases and interests.

  • The offer and voucher

    Each offer is made up of 2 separate portions: (i) a paid portion equal to the amount your credit card or PayPal account is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Offer if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Offer are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.

  • Expiration dates

    The expiration date for a Voucher is as printed on the Voucher.

    If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Offermatic will refund the paid portion of your Voucher in the form of a credit for future Offers. In order to receive the credit, you must provide the following information by writing to us: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

  • Offer specific terms

    Each Offer has specific terms, which will be presented to you at the time you commit to purchase the particular Offer. Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

  • Global terms
    Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
    • No cash value for any Voucher
    • Offers are limited to one household per email address
    • No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law
    • No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher
    • Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher
    • Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable
    • Neither Offermatic nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers
    • Duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher
  • Promotions

    From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Offers or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

  • Refunds

    Offermatic will provide a refund of the purchase price paid by you for any Offer within seven days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After seven days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

  • Miscellaneous
    • Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
    • Neither Offermatic nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
    • Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
    • Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
    • Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
    • If you redeem the Voucher for less than its face value, you will only be entitled to credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value if the amount you redeemed is more than what you paid for the Voucher.
    • To be clear, Offermatic markets the Offer and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing an Offer, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
8. Access and Interference back to top
You agree that you will not:
  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Offermatic.com or any portion of Offermatic.com, without Offermatic's express written consent, which may be withheld in Offermatic's sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Offermatic.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Offermatic.com or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Offermatic.com or the Service.
9. Rules for Posting back to top
As part of the Service, Offermatic allows Members to post content on the company blog, and at various other publicly available locations on Offermatic.com. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit to Offermatic.com. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, and otherwise fully exploit your submissions in connection with our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a nonexclusive license to access your posted content through Offermatic.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Offermatic.com and under this Agreement.
  • You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Offermatic.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Offermatic.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
  • You will not create multiple accounts with the same credit card.
  • You will not create and delete accounts to redeem the same offers.
  • You will not add the same account multiple times to your account.
10. Disclaimer of Representations and Warranties back to top
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OFFERMATIC.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OFFERMATIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OFFERMATIC.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

OFFERMATIC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON OFFERMATIC.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. OFFERMATIC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
11. Limitations on Offermatic's Liability back to top
OFFERMATIC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OFFERMATIC.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF OFFERMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OFFERMATIC'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
12. Your Indemnification of Offermatic back to top
You shall defend, indemnify and hold harmless Offermatic and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with Offermatic back to top
This Agreement will continue to apply until terminated by either you or Offermatic as set out below.
14. Modifications back to top
Offermatic may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Offermatic.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes back to top
This Agreement, and your relationship with Offermatic under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Offermatic, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Offermatic may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Offermatic is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Offermatic, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
16. Miscellaneous back to top
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Offermatic does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Offermatic has the benefit of under any applicable law), this will not be taken to be a formal waiver of Offermatic's rights and that those rights or remedies will still be available to Offermatic.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Offermatic regarding the subject matter of the same, and supersedes all other previous agreements.

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