Amplify Media
WEBSITE
USER TERMS AND CONDITIONS
WE ARE NOT
RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THE FIRST PAGE OF THIS
WEBSITE. UPON ENTRY OF YOUR INITIAL
INFORMATION, YOU WILL BE REDICRECTED TO A THIRD PARTY WEBSITE TO ASSIST YOU IN
LOCATING A SERVICE PROVIDER. YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND
TERMS AND CONDITIONS OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION
AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.
1. LEGAL AGREEMENT.
YOU
ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY. IF YOU
DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY THEN YOU ARE NOT AUTHORIZED TO
ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION
OR USE ANY OF THE SERVICES OF OUR WEBSITE OR PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE
LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE.
2. USER AGREEMENT.
By using this Website, you agree to be bound by and to
comply with these Terms and Conditions and the posted Privacy Policy which
is incorporated herein as though fully set forth herein. Upon entering the requested information, our
technology will forward your information to one of our participating service
providers or to an aggregate of service providers who may contact you to engage
in a transaction. This may be done
automatically and a new window may appear or the service provider may contact
you directly by telephone, email or mail as set forth below.
In
order to provide you the services you have requested, you are expressly giving
your permission to provide any information collected on this Website to third
parties. As such, you are expressly
giving your permission for such third parties to contact you by mail, email,
text messaging or telephone. By registering
and using this Website, you agree that such act constitutes a purchase, an
inquiry and/or an application for purposes of the Amended Telemarketing Sales
Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your
telephone number may be listed on the Federal Trade Commission's Do-Not-Call
List (or a state do-not-call) list you have authorized us to contact you via
telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting
information from, a third-party advertiser at or through the Website or other
advertisement media made available by us (e.g., email marketing), you agree
that such action shall constitute a purchase, an inquiry and/or an application
with the respective third-party advertiser for purposes of the ATSR and you may
be contacted via email, direct mail and/or telemarketing by such third-party
advertiser in accordance with the ATSR. If,
at any time, you do not wish to be bound by these conditions or you are
unsatisfied with the Website, its content or other legal notices, you agree
that your sole and exclusive remedy is to discontinue using this Website.
You
further represent and warrant that: (i) You are at least 18 years of age and
possess the legal authority to enter into an agreement and to use the Website
in accordance with these Terms and Conditions; (ii) All information supplied by
you is true and accurate (without limitation of the foregoing, the provision of
any speculative, incorrect, misleading, false or fraudulent information is
prohibited); (iii) You understand and agree that Company may share personally
identifiable information and other information provided by, and aggregated
information about you and other users with its vendors, sponsors, advertisers,
service providers and marketers, lookup and reference services, other
unaffiliated third parties, and other entities that Company believes are able
to provide its Website users with offers and opportunities, as more fully
described in the Company’s posted Privacy Policy;
(iv) You understand that abuse of this Website may result in your being denied
access to such Website, as determined by Company in its sole discretion; (v) You
understand and agree that, in addition to these Terms and Conditions, your use
of this Website will be governed by the official rules applicable to the
promotion or offer, if any; (vi) You understand and agree that Company controls
only the landing page and intake forms on this Website. Upon entry of the requested information, a
participating service provider will be contacting you directly to provide you
with information regarding their products.
Company shall not be responsible for any service provider or aggregates
contact with you or any subsequent agreement you may enter into with such service
provider or aggregator; and (vii) Your use of the Services on this Website is
subject to all applicable federal, state and local laws and regulations; (viii)
You also give us permission to send you periodic updates of services and
products which may be of interest to you through email, mail, or telemarketing.
3. SERVICES.
The
Website is an online network marketplace.
You understand and agree that if you submit a request through the Website,
we will share your personal information (such as your full name, address,
telephone number, and financial information) with service providers or
aggregators in our network to process and fulfill your request. You understand and agree that we are an
advertising service only and are not associated with nor claim to represent any of
the merchants or brands listed on the website and these merchants and brands do not
endorse the website. Further, you understand and
agree that no guarantees are made on the availability of automobiles or services provided by
third parties, both of which vary depending on a number of factors including but not
limited to geographic region, timing and make/model requested. All trademarks, service
marks, logos and/or domain names are the property of their respective owners. The
service provider with whom you make a transaction is solely responsible for its
services to you. You further acknowledge
and agree that we are not acting as your agent or broker and are not
recommending any particular service, product or service provider to you. Any compensation we may receive is paid by
the service provider or aggregate for advertising services we provided to
them. We do not charge you a fee to use
the Website. You understand that the requirements for a particular product are
made by the individual service providers and we do not endorse, warrant, or
guarantee the products or service of any service provider. Nothing contained in this Agreement shall
constitute an offer or promise for a transaction commitment or interest rate
lock-in agreement. You agree that we
shall not be liable for any damages or costs of any type which arise out of or
in connection with your use of the service provider's services.
You
also give us permission to send you periodic updates of services and products
which may be of interest to you. Please
note that information we provide you either on the website or by email may not
be used as the sole basis for your service provider decision, and may not meet
your particular needs. Please seek the
advice of an appropriate professional for an assessment of the service information
provided by the service provider.
4. CHANGES TO TERMS AND CONDITIONS AND
POLICIES.
Company
reserves the right, in our sole discretion, to change, modify or otherwise
alter these Terms and Conditions and the posted Privacy Policy, which appear on
this Website at any time for any reason which change, modification or
alteration is effective upon posting on the Website without further notice to
you. It is your responsibility to review
the Terms and Conditions and the posted Privacy Policy, for changes
periodically. Your continued use of the
Website following the posting of changes and/or modifications will constitute
your acceptance of the revisions and the reasonableness of notice of changes.
5. REJECTION,
TERMINATION AND CANCELLATION.
Company or its
participating service providers or aggregators may reject any registration or
subsequent application from any person with or without cause at their sole
discretion. Your status as a registered
user creates only a customer relationship with Company and does not create an
employment relationship, an independent contractor relationship, an agency
relationship, or any other relationship.
You may cancel your request at anytime by sending an e-mail to unsubscribe@LocalPharmacySavings.com.
6. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct
that, in Company’s sole discretion, restricts or inhibits any other user from
using or enjoying the Website or any linked Website. You are prohibited from accessing or
attempting to access private areas of the Website or any other user's
information. You are prohibited from
impersonating any person or entity or otherwise falsely stating or
misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data,
content, and any information provided or used on the Website, as well as your
use of our Website, products and services which will infringe or facilitate
infringement on any copyright, patent, trademark, trade secret, or other
proprietary, publicity, or privacy rights of any person or entity, including
third-parties. You are prohibited from
using any data, content or information which contains or promotes any viruses,
Trojan horses, worms, time bombs or other computer programming or code that is
designed or intended to damage, destroy, intercept, download, interfere,
manipulate, or otherwise interrupt or expropriate the Website, data, personal
information, software, equipment, servers or content or facilitate or promote
hacking or similar conduct. You are
prohibited from harvesting, sweeping, or use any other means, to collect
information about users of the Website; Use automated means, including spiders,
robots, bots, scripts, crawlers, or the like, in connection with any activity
on the Website; Resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without the prior
express written authorization of Company; Modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute, perform, link,
display or in any way exploit any Website content; or except as otherwise
expressly permitted on the Website, use any information you may obtain from the
Website (including without limitation, user information) to send any other
person unsolicited messages, commercial or otherwise, by electronic,
telephonic, postal or other means.
7. MARKETING MATERIALS.
By
signing up at the Website, you are giving your consent to receive promotions or
newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails,
you may request to be removed by using the opt-out mechanism listed in the
email messages you receive. To opt-out
of email promotions from Company alone, you may simply use our convenient Unsubscribe Email feature. Please note that exercising an opt-out
mechanism only applies to the company with which you exercised that right.
8. THIRD PARTY CONTENT/PROMOTIONS, THIRD
PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
The
Website may display and make available content, promotions, advertisements, and
offers provided by third parties (“Third Party Promotions”), as well as goods
and services offered by third parties (“Third Party Products”). You understand and agree that Company shall
not be responsible and shall have no liability for any Third Party Promotion or
Third Party Product or for your activities on any third party Websites for whom
Company displays offers (“Third Party Website Activity”), and that you
participate in or choose to click on a Third Party Promotion, purchase and/or
use a Third Party Product, or participate in a Third Party Website Activity
solely at your own risk. You agree that
your sole remedy in connection with any Third Party Promotion, Third Party
Product or Third Party Website Activity will be with the applicable Third Party
offering the Third Party Promotion, Third Party Product or Third Party Website
Activity and that you shall have no remedy against Company arising from your
use of or participation in, or inability to use or participate in, any Third
Party Promotion, Third Party Product or Third Party Website Activity.
9. RELATIONSHIP WITH MARKETING
ADVERTISERS.
This is an
independent Website and is not affiliated with any of the listed products. Trademarks, service marks, logos, and/or
domain names are the property of their respective owners, who have no
association with or make any endorsement of the products or services provided
by this Website. Furthermore, participating
advertisers are independent third parties and this Website is not acting as a
principal, agent or broker with respect to any advertisers.
10. LINKED WEBSITES.
You may be able to
link to third parties’ Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed,
controlled or examined by Company in any way and Company is not responsible for
the content, availability, advertising, products or other materials of any such
Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website,
these links do not imply Company endorsement of or association with the Linked
Websites. In no event shall Company be
liable, directly or indirectly, to anyone for any loss or damage arising from
or occasioned by the creation or use of links to the Linked Websites, the
Linked Websites themselves, your participation in activities on such Linked
Websites, or the information, material, products or services accessed through
these Linked Websites. You should direct
any concerns to that Website’s administrator or webmaster. Company reserves the
exclusive right, at its sole discretion, to add, change, decline or remove,
without notice, any feature or link to any of the Linked Websites from the
Website and/or introduce different features or links.
11. INTELLECTUAL PROPERTY RIGHTS.
The
Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the
sole owner of the Website and all materials on or available through the
Website, including without limitation, all applicable U.S. and non-U.S.
copyrights, patents, trademarks, and trade secrets, and other intellectual
property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in
these Terms and Conditions, you may not download or save a copy of the Website
content or any portion thereof, for any purpose; however, you may print a copy
of individual screens appearing as part of the Website content solely for your
personal, non-commercial use or records, provided that any Company or other
marks, logos or other legends that appear on the copied screens remain on, and
are not removed from the printed or stored images of such screens.
Except
as otherwise expressly permitted herein, you may not modify, copy, publish,
display, transmit, adapt or in any way exploit any portion of the Website
content unless you first obtain prior written consent from Company -- and from
all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website
content, to defeat or circumvent Company security features, or to utilize this
Website for other than its intended purposes is strictly prohibited.
12. DISCLAIMER OF WARRANTIES.
Except
as expressly set forth herein, Company is not responsible for any incorrect or
inaccurate information or entry of information, whether caused by users of the
Website or by any of the equipment or programming associated with or utilized
in connection with the Website or the products or services provided on or
through the Website, or by any technical or human error which may occur in the
processing of information received by Company. Company assumes no responsibly for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or authorized access to, or
alteration of, information received or submitted in connection with the
Website. Company is not responsible for
any problems, errors or technical malfunction of any telephone network or
lines, computer on-line systems, servers or providers, computer equipment, or
software, or any failure of email on account of technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including
injury or damage to participants or to any other person’s computer related to
or resulting from use of the Website or Website Content.
THIS
WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY,
AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS,
ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY
DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE
CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING
ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE
WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY,
ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS,
SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES
AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF
THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE
CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE
CONTENT.
14. EXCLUSIONS AND LIMITATIONS.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, OUR LIABILITY IN
SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. MONITORING WEBSITE USAGE.
You
agree that Company may electronically monitor the Website and disclose any
content, records, or electronic communication of any kind (i) to satisfy any
legal process or request; (ii) to operate the Website; or (iii) to protect Company
rights or the rights of the users, sponsors, providers, licensors, or
merchants.
16. INDEMNITY.
You
agree to defend, indemnify and hold Company, its parents, subsidiaries, partners,
agents, affiliates, licensors, advertisers, successors and assigns and their
respective officers, directors, employees and shareholders harmless from any
and all claims, liabilities, costs and expenses, including reasonable
attorneys’ fees, arising in any way from, in connection with or as a result of
your use or inability to use the Website and or Website Content, any
information provided to you by the Website, or any violation of these Terms and
Conditions by you.
YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE
THE PROVISIONS OF
17. RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS
AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND
EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS,
LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH
YOUR USE OF THE SERVICE.
18. DEALINGS
WITH THIRD PARTIES.
Your correspondence or business
dealings with any third parties as a result of your use of the Webpage and
participation in the Service, including, but not limited to, business dealings
with potential employers, job listing aggregators, universities, work at home
opportunities, credit card issuers, insurance providers or brokers, mortgage
brokers or lenders, banks or any other terms, conditions, warranties,
representations associated with such dealings, are solely between you and such
third party. You agree that Company shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such third
party on the Website.
19. DISPUTE
RESOLUTION.
This Agreement will be
interpreted in accordance with the laws of the State of California, without
regard to the conflicts of laws principles thereof. The parties agree that any and all disputes,
claims or controversies arising out of or relating to the Agreement, its
interpretation, performance, or breach, that are not resolved by informal
negotiation within thirty (30) days (or any mutually agreed extension of time),
shall be submitted to final and binding arbitration before a single arbitrator
of the American Arbitration Association (“AAA”) in San Diego, California. Either party may commence the arbitration
process called for herein by submitting a written demand for arbitration with
the AAA, and providing a copy to the other party. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Dispute Resolutions
Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable
attorneys’ fees (including fees for the value of services provided by in house
counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the
arbitrator may be entered in the Superior Court of California, San Diego
County, or the United States District Court for the Central District of California.
Notwithstanding the foregoing, the
following shall not be subject to arbitration and may be adjudicated only in
the Superior Court of California, San Diego County, or the United States
District Court for the Central District of California: (i) any dispute, controversy,
or claim relating to or contesting the validity of Company's proprietary
rights, including without limitation, trademarks, service marks, copyrights, or
trade secrets; or, (ii) an action by a party for temporary, preliminary, or
permanent injunctive relief, whether prohibitive or mandatory, or other
provisional relief.
RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause, you must
notify the Company in writing within 60 days after signing this Agreement or
your rejection of arbitration will not be effective. You must send your request
to: arbitration@amplifymedia.com. Your request must include your telephone
number(s) and a clear statement of your intent, such as "I reject the
arbitration clause stated in the Company’s Website Terms and Conditions.”
20. WAIVER
AND SEVERABILITY OF TERMS.
The failure by Company to
exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. If any provision of the Agreement is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement remain in
full force and effect.
21. ENTIRE AGREEMENT.
This Agreement constitutes the
entire agreement between you and Company and governs your use of the Website
and Service, superseding any prior agreements.
You also may be subject to additional terms and conditions that may
apply when you use or purchase other Company services, affiliated services,
third party content or third party software.
22. STATUTE OF LIMITATIONS.
YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED.