Effective Date: November 30, 2016
ABOUT OUR SERVICES
REGISTRATIONS AND APPLICATIONS
YOUR CONTENT AND INFORMATION SHARING
By providing information or content on the Site, you expressly agree to all of the following:
• You are solely responsible for the content and information you make available through or in connection with our Services.
• All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with our Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omission in any information or content posted by a Merchant or individual.
RESTRICTIONS ON USE
You agree to abide by all applicable laws and regulations in your use of the Site and our Services. In addition, you agree that you will not do any of the following:
• register for more than one Account, or register for an Account on behalf of an individual or business other than yourself or your business or on behalf of any group or entity;
• post or otherwise make available content, or take any action on the Site that is harmful, tortious threatening, abusive, harassing, hateful, racist, pornographic, obscene, violent, misleading, defamatory, or invasive of the privacy of another person;
• post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark or other proprietary right, or otherwise violates the law;
• access data or content that is not intended for you;
• post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful or otherwise objectionable; that restricts or inhibits any other person from using or enjoying the Site; or that may expose us or our Merchants or individuals to any harm or liability of any type;
• post or otherwise make available any unsolicited or unauthorized advertising, solicitations or promotional materials, or any other form of solicitation;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• post or otherwise make publicly available on the Site any personal or financial information of any third party;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• use the Site or our Services in any manner that could damage, disable, overburden or impair the Site;
• harvest or collect email addresses or other contact information of our Merchants or individual users from the Site by electronic or other means, including via the use automated scripts;
• post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• post any Promotional Offer that is illegal or potentially dangerous for individual users or that violates our terms.
FEES & PAYMENT
Services offered on the Site may require the payment of fees and other amounts. These Services are subject to separate agreements into which you must enter prior to participating in such Service. For individuals, you will select a Promotional Offer for purchase and make payment in accordance with its terms. For Merchants you agree to pay the following fees and other charges identified in the Merchant Agreement when you post a Promotional Offer. If you elect to sign up for such Services, you shall pay all applicable amounts, as described on the Site or the applicable agreement in connection with such Services selected by you. We reserve the right to change fees and at any time, subject to applicable law. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your Account and financial information as provided while signing up for such Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to us. Other amounts and the terms for payment of those amounts are described on specific registration pages as you progress through your application (and from time to time thereafter).
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at email@example.com, or via regular mail at
150 Greenwich Street, 29th Floor
New York, NY 10007
In your notification, please:
• confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
• identify the copyrighted work or works you claim have been infringed;
• identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
• provide your contact details, including an email address; and
• provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
CHANGES AND MODIFICATIONS
We are not responsible for the information practices employed by sites linked to or from our Site. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our Merchants or individual users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
YOUR USE AND ACCESS OUTSIDE OF THE UNITED STATES
We make no claims that the Site or the contents are appropriate for or may be downloaded or accessed outside of the United States. Only individuals who reside in the United States and U.S. businesses are eligible to use this Site and the Services. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Site in violation of United States export laws and regulations or any other United States or foreign, federal, state or local statute, rule or regulation. The Site and its contents are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
NO WARRANTY; ERRORS; DISCLAIMERS
The Site and our Services are provided “as is” and without any representation or warranty, whether express, implied or statutory. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. You agree that we may promptly correct any error that we discover, including any error in calculating pricing or discounts. You agree to provide any additional consents necessary to correct any errors that occur.
ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICES, ALL ASPECTS THEREOF, INCLUDING ANY MERCHANT AND INDIVIDUAL USER PROVIDED CONTENT, PROMOTIONAL OFFERS, PRODUCTS OR OTHER PROGRAMS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “CINCHKEY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, THE SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE CINCHKEY PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND WORKMANLIKE EFFORT; (II) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE, ITS CONTENT OR THE SERVICES OR ANY ASPECT THEREOF; (III) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) DESCRIPTIONS OF PROMOTIONAL OFFERS, PRODUCTS OR OTHER AVAILABLE PROGRAMS; (V) MERCHANT AND INDIVIDUAL USER CONTENT PROVIDED THROUGH THE SITE, (IV) RELATING TO THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY CINCHKEY PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE CINCHKEY PARTIES MAKE NO WARRANTIES.
LIMITATION OF LIABILITY
You agree that all access and use of the Site and its contents and your use of the Services is at your own risk. Neither we nor any third party involved in creating, producing or delivering the Site and/or the Services has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or the Services, or any aspect thereof.
PLEASE READ THE FOLLOWING ARBITRATION TERMS CAREFULLY. BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES.
You agree that “www.cinchkey.com,” “Cinchkey” and all logos related to our products and Services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate or use them without our prior written consent. All right, title and interest in and to the Site, any content thereon, our products and Services, the technology related to our products and Services, any and all technology and any content created or derived from any of the foregoing are our or our licensors’ exclusive property.
TELEPHONE CONSUMER PROTECTION ACT (TCPA) CONSENT
We may contact you at any phone number you provide. When you give us your mobile phone number, we have your consent to contact you at that number about your use of the Site and Services including your purchases, promotions, and your Account, as applicable. Your consent allows us to use text messaging, automatic dialing technology and artificial or prerecorded voice messages for information and calls related to the Site and Services, but not for sales or telemarketing calls unless you expressly agree. It may include contact from companies working on our behalf to provide Services to you. Message and data rates may apply. You may contact us at any time to change these preferences at firstname.lastname@example.org.
The communications between you and Cinchkey are electronic. You consent to receive communications from Cinchkey in an electronic form and agree that the Electronic Signatures in Global and National Commerce Act applies to our ability to conduct business with you by electronic means. We will communicate with you by email or by posting notices on the Site. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us. We reserve the right, in our sole discretion, to provide you with any communications in paper format and to discontinue electronic provision of communications at any time. It is your responsibility to update your contact information including email and postal address and telephone number when it changes.