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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
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