DISCLAIMER AND TERMS OF SERVICE

Please read this document carefully. It contains important information about your rights and obligations.


Welcome to our website. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.


IGCsystems Inc (OfferClick™) provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). IGCsystems Inc (OfferClick™) Inc. may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes on the IGCsystems Inc (OfferClick™) website at www.IGCsystems Inc (OfferClick™) .com (together with its directly associated domains including the website www.OfferClick.com, the "Site"). By using, and continuing to use, the Service, you signify your binding and continued acceptance of the TOS, as published on the Site, and revised by IGCsystems Inc (OfferClick™) Inc., from time to time in its sole discretion, and you represent that you are of legal age to form a binding contract. In this TOS, "IGCsystems Inc (OfferClick™) " means IGCsystems Inc (OfferClick™) Inc (OfferClick™).


Additionally, you acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by IGCsystems Inc (OfferClick™) to show your acceptance of this TOS), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.


Description of Service

The "Service" includes (a) the Site (web and Mobile), (b) the services, features, tools and applications provided by or through the Site, including IGCsystems Inc (OfferClick™) , and (c) all data, text, images, sounds, video, content, programming and software made available through the Site. Any new features added to or augmenting the Service is also subject to this TOS.


Permission to Use the Service

You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS and any other applicable terms and other policies applicable to the Service or any portion thereof. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.


User Conduct

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

• Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities.

• Using the Service to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of IGCsystems Inc (OfferClick™) , obscene, offensive, or generally inappropriate.

• Using the Service for the benefit of any third party or charging any person for the use of the Service.

• Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.

• Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by IGCsystems Inc (OfferClick™) with respect to the Service and/or data and/or content or programming transmitted, processed or stored by IGCsystems Inc (OfferClick™) or other users of the Service.

• Attempting to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service.

• Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.

• Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service's advertising and/or content delivery and display functionality.

Charges for Using the IGCsystems Service


Consumer

IGCsystems Inc (OfferClick™) currently provides the IGCsystems Inc (OfferClick™) Service to you free of charge. However, when you use the IGCsystems Inc (OfferClick™) service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.


Businesses

You agree that IGCsystems Inc (OfferClick™) may charge to your credit card or other payment mechanism selected by you and approved by IGCsystems Inc (OfferClick™) (“Your Account”) all amounts due and owing for the Services, including Service fees, subscription fees, or any other fee or charge associated with Your Account. IGCsystems Inc (OfferClick™) may change prices at any time without prior notice. You agree that in the event IGCsystems Inc (OfferClick™) is unable to collect the fees owed to IGCsystems Inc (OfferClick™) for the Services through Your Account, IGCsystems Inc (OfferClick™) may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by IGCsystems Inc (OfferClick™) in connection with such collection activity, including collection fees, court costs and attorneys’ fees.

• IGCsystems Inc (OfferClick™) reserves the right to review and possibly to reject any promotions/Coupons.

• Pricing is subject to change without notice.

• IGCsystems Inc (OfferClick™) accepts for processing only those agreements that: (a) include all required information; (b) are signed by an appropriate and authorized representative of the com¬pany/business and are accompanied by the required payment. IGCsystems Inc (OfferClick™) reserves the right to exercise its sole discretion in the acceptance or refusal of agreements.

• The company/business assumes sole liability for all content, including text and illustrations of advertising published, and also assume sole responsibility for any claims arising there from against IGCsystems Inc (OfferClick™),including costs associated with defending against such claim.

• The company/business with unpaid invoices over 30 days will not be allowed to use OfferClick™ service. Accounts more than 90 days past-due will be referred to our collection agency.

• Benefits are not transferable and are not redeemable for cash credits.

• This is a binding agreement and as such, is non-refundable.

• Any person executing this agreement represents that he or she is fully authorized to do so and agrees to be bound to all terms and conditions.

• The company/business is responsible for ensuring that materials are submitted in final, legal, and acceptable formats and sizes.

• IGCsystems Inc (OfferClick™) is not responsible for misspellings or other errors in coupons/promotions. Proofs are not provided.

• Special promotional or one-time corporate discounts cannot be combined with any other dis¬counts. In all such cases, the higher discount will be accepted and applied.

For all questions related to services, subscription & next steps please contact our customer service at help@offerclick.com for assistance.

IGCsystems Inc (OfferClick™) Inc (OfferClick™) Text Message (SMS) Services

To opt in or subscribe to IGCsystems Inc (OfferClick™) alerts, promotions, discounts, coupons, daily summary, just in, wish list, urgent or offers, you can register from our website at www.offerclick.com. Standard carrier rates apply to all text messages sent to or from the IGCsystems Inc (OfferClick™) text messaging service. For more information, check your mobile phone service plan or visit your carrier's ( Alltel, Boost, AT&T, Cellular Once, Nextel, T-Mobile, US Cellular, Verizon, Virgin US and Cincinnati Bell) website. To search for IGCsystems Inc (OfferClick™) alerts, promotions, discounts, coupons or offers send a text message to 63337 with a keyword describing what you are looking for, such as "Burrito", "Italian" or "Coffee" or what business you want to receive an offer from, such as "Old Chicago", "Hapa Sushi" or "Starbucks". You can also opt-in to receive wish list, Just In and urgent offer alerts (unlimited alerts per month) via text message. After you register for or use the IGCsystems Inc (OfferClick™) service, all further SMS text messages will be sent strictly on an opt-in or as requested basis. If you have opted in or requested to receive text messages, you can still choose to opt out at any point thereafter. To opt out from our text message service, send a text message with the word "STOP", to 63337 from your mobile phone and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone. To receive assistance with the IGCsystems Inc (OfferClick™) text message service, can request assistance from your mobile phone at any time by sending a text message with the word "HELP" to 63337. You can also contact us through our contact form at http://www.offerclick.com/Views/Common/ContactUs.aspx


Limitations on Use

You must be at least 13 years old to download and use the IGCsystems Inc (OfferClick™) Inc Service, or, if you are not at least 13, you may download and/or use the IGCsystems Inc (OfferClick™) Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the IGCsystems Inc (OfferClick™) Service.


Intellectual Property

IGCsystems Inc (OfferClick™) and/or its licensors are the sole owners of the IGCsystems Inc (OfferClick™) Service, which includes any software, domains, and content made available through it. The IGCsystems Inc (OfferClick™) Service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and IGCsystems Inc (OfferClick™) grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the IGCsystems Inc (OfferClick™) Service without IGCsystems Inc (OfferClick™) 's prior express written permission. Any unauthorized use of the IGCsystems Inc (OfferClick™) Service will terminate the limited license granted by us. IGCsystems Inc (OfferClick™) , Express and other marks, graphics, logos, icons and service names related to the IGCsystems Inc (OfferClick™) Service are registered and unregistered trademarks or trade dress of IGCsystems Inc (OfferClick™) Inc. They may not be used without IGCsystems Inc (OfferClick™) 's prior express written permission. All other trademarks not owned by IGCsystems Inc (OfferClick™) that appear in connection with the IGCsystems Inc (OfferClick™) Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by IGCsystems Inc (OfferClick™) .


Electronic Communications

By downloading and/or using the IGCsystems Inc (OfferClick™) Service, you consent to receiving electronic communications and notices from IGCsystems Inc (OfferClick™). You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Third Party Offers

The IGCsystems Inc (OfferClick™) Service may contain links to third party web sites or programs that are not controlled by or affiliated with IGCsystems Inc (OfferClick™). IGCsystems Inc (OfferClick™) is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.


Privacy Policy

IGCsystems Inc (OfferClick™) agrees to protect your personal information as described in the Privacy Policy published on the Site. You agree that IGCsystems Inc (OfferClick™) can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that IGCsystems Inc (OfferClick™) can use and transfer your personal information to the extent provided in the Privacy Policy.


Use of Information Submitted

You agree that IGCsystems Inc (OfferClick™) is free to use any comments, information or ideas contained in any communication you may send to IGCsystems Inc (OfferClick™) without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the IGCsystems Inc (OfferClick™) Service or other products or services.


No Warranty & Liability Limit

IGCSYSTEMS INC (OFFERCLICK™) PROVIDES THE IGCSYSTEMS INC (OFFERCLICK™) SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. IGCSYSTEMS INC (OFFERCLICK™) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. IGCsystems Inc (OfferClick™) assumes no liability or responsibility for any errors or omissions in the IGCsystems Inc (OfferClick™) Service; any failures, delays or interruptions in the IGCsystems Inc (OfferClick™) Service; any losses or damages arising from the use of the IGCsystems Inc (OfferClick™) Service, including, without limitation, any damage to your mobile device; or any conduct by users of the IGCsystems Inc (OfferClick™) Service. We reserve the right to deliver the IGCsystems Inc (OfferClick™) Service in our sole and absolute discretion. IN NO EVENT SHALL IGCSYSTEMS INC (OFFERCLICK™) , ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IGCSYSTEMS INC (OFFERCLICK™) SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

IN NO EVENT SHALL IGCSYSTEMS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IGCSYSTEMS SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnity

You agree to indemnify and hold IGCsystems Inc (OfferClick™) and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the IGCsystems Inc (OfferClick™) Service or your violation of any law or the rights of any third party.


Disputes

1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND IGCSYSTEMS INC (OFFERCLICK™) arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the IGCsystems Inc (OfferClick™) Service, IGCsystems Inc (OfferClick™) 's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND IGCSYSTEMS INC (OFFERCLICK™) , its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "IGCsystems Inc (OfferClick™) ") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the IGCsystems Inc (OfferClick™) Service, IGCsystems Inc (OfferClick™) 's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and IGCsystems Inc (OfferClick™). NEITHER YOU NOR IGCSYSTEMS INC (OFFERCLICK™) SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the IGCsystems Inc (OfferClick™) Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

Right to Terminate

IGCsystems Inc (OfferClick™) reserves the right in its sole discretion to terminate or restrict your use of the IGCsystems Inc (OfferClick™) Service, without notice, for any or no reason whatsoever.


General

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and IGCsystems Inc (OfferClick™) with respect to the subject matter hereof.


Contact Us

If you have any questions about these Terms of Service or the download and/or use of the IGCsystems Inc (OfferClick™) Service, please contact us at:
IGCsystems
9085 E. Mineral Circle
Suite 190
Centennial, CO 80112