Jabbertise Terms of Use

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JABBERTISE INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (HEREINAFTER "JABBERTISE"). BY ACCESSING AND USING THIS WEBSITE YOU HAVE INDICATED THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. JABBERTISE RESERVES THE RIGHT TO CHANGE THIS WEBSITE AND ANY COMPONENT THEREOF AT ANY TIME WITHOUT NOTICE, AS WELL AS THESE TERMS OF USE AND/OR OTHER POLICIES OR GUIDELINES ASSOCIATED WITH THIS WEBSITE AND YOUR USE OF THIS WEBSITE AFTER ANY SUCH CHANGE INDICATES ACCEPTANCE OF SUCH NEW TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.

Agreements

By using any elements of this website, you represent that (i) you have read and understood this agreement and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this agreement, do not utilize or access any part of this website.

You acknowledge and agree that you will be subject to additional terms and conditions pertaining to third party sites and services, as accessed through this website. Jabbertise is not responsible for any content on any linked site and if you access such a third party site from this website, you do so at your own risk. Links available from this website are provided as a convenience and do not imply that Jabbertise endorses or accepts any responsibility for content on those third party sites. Jabbertise will not be responsible for any loss or damage you suffer as a result of your interaction with such third party sites. Jabbertise does not represent that the content, software, Protected Materials (as defined below) or other information available from this website are appropriate or available for all ages or for use in all geographic locations and accessing the same from certain locations, especially some outside the United States, may be illegal and prohibited. You agree not to access the foregoing where prohibited by law and agree that Jabbertise will have no responsibility for any such action.

Businesses

(i) To complete a truthful, complete and accurate business registration and to comply with all terms set forth herein ("Terms"). You further agree to be solely responsible for your business web page and for safeguarding your user name and password and to take full responsibility for any actions taken under your user name/password, whether or not authorized by you. You are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through this website. Specifically, you are solely responsible for all text, videos, photographs and other content appearing on your business web page. In addition to these Terms, you agree to comply with all then applicable Jabbertise guidelines and policies including, without limitation, the Privacy Policy, Mobile Marketing Guidelines and any other notices applicable to businesses in addition to the restrictions enumerated below. Your use of certain portions of this website may require your agreement to additional terms and conditions. If there is any conflict between these Terms and those additional terms and conditions, those additional terms will prevail.

(ii) The purpose of the Jabbertise service is to drive customers to your store or service and that Jabbertise provides a printable and downloadable couponing mechanism to encourage that. You agree, as a condition to having a posted web page with Jabbertise, to maintain at least one active coupon, special offer or incentive for consumers (hereinafter "Deal") at all times. We encourage users to freely share Deals. We do not employ bar codes or other security mechanisms, and assume no liability for promotions that are more or less successful than anticipated. You must monitor your web page, including your Deals and make changes as appropriate, apply applicable expiration dates and terms to your Deals and inform your employees of your then current promotions. You agree not to create updates of Deals that are the same or similar to prior versions, for the sole purpose of getting your business into the "Recent Deals" list and understand that any such misuse of the Jabbertise service will be grounds for removal. You agree that Jabbertise will have no liability for Deals that have been tampered with or altered by users, however you may refuse to honor any Deal you reasonably believe is incorrect or altered at any time. We do not track individual usage of Deals so users may attempt to use a Deal more than once and you agree that Jabbertise will have no responsibility or liability for such usage. Jabbertise assumes no responsibility for the actions or inactions taken by Jabbertise users. The relationship between a Jabbertise consumer and you is directly between the two of you and Jabbertise is not responsible for any loss or damage incurred by you resulting from that relationship.

(iii) Jabbertise utilizes a large and distributed sales network to sell the Jabbertise service to businesses. Notwithstanding any representations made by any sales associate to you, you may only rely upon the sales materials and representations available from the then current Jabbertise website. If you are uncertain as to claims made by a sales representative, please contact us for clarification. You understand and agree that Jabbertise is not responsible for, and will assume no liability for, any claims, representations or purchases made in reliance upon statements or materials other than those authorized by Jabbertise, as available from its website.

(iv) To pay Jabbertise for the Jabbertise service by credit card on a recurring subscription basis. You will select the duration of your subscription and your credit card will be charged up front for that term. All payments are non-refundable, except in the event that Jabbertise removes your web page for reasons other than your actual or suspected violation of these Terms, in which case you will receive a refund of all un-used sums. The price for the Jabbertise service may vary in different geographies and is subject to change at the end of any subscription term. Because your subscription will automatically renew until cancelled by you, we will attempt to notify you via email of any price increases.

(v) Jabbertise may or may not review and prescreen content prior to its posting. Jabbertise reserves the right to remove from this website, any and all business web pages and/or Deals for any or no reason and at any time and you hereby hold Jabbertise harmless from and against any and all liability resulting from such actions.

(vi) By posting or authorizing Jabbertise to post your content and your web page, you hereby grant, and represent that you have full authority to grant to Jabbertise an irrevocable, perpetual, worldwide, royalty free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your logo, image, video, music, photographs, voiceovers, trademarks, servicemarks, Deals and any other content made available on or through your web page and to download the same, including without limitation your Deals, to mobile devices. You further agree not to enforce any copyright on any Deal or the contents thereof. You understand that the technical processing and transmission of content from this website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Users

Your use of this website is subject to all terms set forth herein ("Terms") and all applicable Jabbertise guidelines and policies including, without limitation, the Privacy Policy and any other notices applicable to your particular usage. Your use of or access to certain portions of this website may require your agreement to additional terms and conditions. If there is any conflict between these Terms and those additional terms and conditions, those additional terms will prevail with respect to your use of those specific portions of the service. You are authorized to use this website for non-commercial purposes only. Retrieval of data, content or Deals from this website to create or compile, directly or indirectly a collection, database or directory without the prior written consent of Jabbertise, is strictly forbidden. Should you print, download to your phone or otherwise receive or use a Deal, you are establishing a direct relationship with the applicable business associated with such Deal. Jabbertise is not responsible for the content of any Deal or the actions or inactions of its businesses and does not guarantee performance of its businesses. If a given business refuses to honor a valid Deal, please contact us and we will do what we can to assist, but Jabbertise is in no way liable for the actions or inactions of its businesses. If you upload Deals to this website, you agree to use your best efforts to validate the Deal with the business offering it, and to include any associated terms and expiration dates. As with any service involving text messaging to mobile devices, standard carrier charges will apply. Please check with your carrier before sending information or Deals to your mobile device, to ensure your complete understanding of your particular plan and the charges you may incur. Delivery of Deals to your phone is conditional upon a number of things: your cellular phone must be turned on; capable of receiving the applicable content, set to receive text messages and you must have a data plan in place with your applicable carrier. Please note that not all mobile phones allow for the storage of all types of content. Provided that the cellular phone and cellular phone provider's network will accept the content, delivery of a text message will generally occur within a matter of seconds. If your phone meets the requirements above and you do not receive your Deal, please contact us and we will attempt to trouble shoot the problem. However, because third parties such as telecommunication carriers, are in large part responsible for these transmissions, Jabbertise is in no way liable for any transmission failures and you assume all risk and costs associated with downloading Deals to your phone. You agree that any modification of a Deal, whether in print or text message form, is strictly forbidden and that all Jabbertise businesses maintain the right to refuse to honor any Deal for any reason. Jabbertise is in no way liable for the accuracy or reliability of any Deal, business web page or business. Some features of this website may require registration and, in such case, your registration must be truthful, complete and accurate.

You agree that Jabbertise may allow third parties to place cookies on your browser when you visit this website. Such cookies are used to track your response to certain elements of our website and to enable us and other third parties to show you advertisements based on your particular interests.

Website Ownership

This website is owned and operated by Jabbertise. All software, graphics, content and other copyrightable elements available from this website are the property of Jabbertise or its licensors and are protected pursuant to U.S. and foreign copyright laws. Any trademarks, service marks and/or trade names appearing on this website are also the property of Jabbertise, its licensors or third parties and are protected pursuant to U.S. and foreign trademark laws. For purposes of these Terms, all material protected by the copyright of any jurisdiction and/or trademarks, service marks and/or trade names of Jabbertise or its licensees will be hereinafter referred to as "Protected Materials." You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate (including linking to) any Protected Materials, or make any commercial use of this website, except as expressly permitted by this website, without the express prior written consent of Jabbertise. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website.

You expressly agree not to use this website and/or the Protected Materials: (i) in conjunction with any device or service designed to circumvent technological measures employed to control access to, or rights in, any content or other work protected by the copyright laws of any jurisdiction; (ii) to use any data mining, robots or similar data gathering and /or extraction tools in connection with this website; (iii) to obtain any personal information about any business or user of this website or to obtain a list of website businesses or users; (iv) to copy, modify, erase or damage any Protected Materials or other information available from this website or any related servers; (v) to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property rights, or to take any action that is otherwise objectionable; or (vi) for any commercial use not intended by this website or illegal purpose.

Interstate and International Use

Use of the Jabbertise website causes communications to be sent through computers and cell phone networks, which may be located in various states throughout the U.S. and/or in foreign countries. Therefore, communications can be interstate communications regardless of where you are located at the time of transmission. By agreeing to these Terms, you acknowledge that use of this website results in interstate data transmissions. The internet is international in nature and you agree to comply with all local laws and rules regarding online conduct and the uploading of appropriate content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. or any other country of residence.

Advertisements

Jabbertise may display advertisements, sponsorships and/or promotions on the Jabbertise website and in conjunction with your cellular phone, in any location, in any way and at any time, without notice to you. These advertisements may be targeted to the content or information presented. In exchange for Jabbertise granting you access to the Jabbertise service, you agree that Jabbertise may include such advertising in the Jabbertise service, including in and on individual business web pages, and may collect, without payment to you or others, the resulting advertising revenues.

Termination

If Jabbertise (a) receives a notice alleging that you have engaged in behavior that violates these Terms or (b) reasonably suspects that your use of the website or the content violates Jabbertise' or others' rights, Jabbertise may, in its sole discretion, suspend or terminate your account, with or without notice to you. If Jabbertise suspends or terminates your business web page with cause, it shall have no liability or responsibility to you, and Jabbertise will not refund any portion of any fees paid to date. If your web page is disabled or removed from the site for reasons other than those set forth above, and if such business has prepaid for a given term, any un-used sums will be refunded.

Warranties and Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE PROTECTED MATERIALS, THE CONTENT AND OTHER INFORMATION AVAILABLE FROM THIS WEBSITE ARE PROVIDED "AS IS". AND WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. JABBERTISE PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SERVICE. JABBERTISE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND/OR TITLE OR QUIET ENJOYMENT. JABBERTISE DOES NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ERROR-FREE, THAT BUSINESSES WILL HONOR ALL CONTENT AND/OR DEALS OR THAT THE SERVICE WILL MEET YOUR INDIVIDUAL REQUIREMENTS OR EXPECTATIONS. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, CELL PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT.

Jabbertise expressly disclaims any legal liability for any loss or damage resulting from this website or any actions taken based on the Protected Materials, the content or information contained on, or linked to from, this website. This includes information and Protected Materials viewed from/on mobile phones and/or transmitted from or to this website or from or to mobile phones. Therefore, you agree to assume the entire risk with respect to the quality, accuracy, adequacy, completeness, correctness and validity of information available from this website including any and all objectionable or offensive content or virus-related dangers existing on this website and/or in any Protected Materials, content, ads or other information available from this website. Jabbertise is not responsible to you for any content or materials constituting all or part of any content, ads or any other aspect of this website that you might find objectionable.

The limitations or exclusions of warranties, remedies or liability contained in these Terms shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

Indemnification and Limitation of Liability

You agree to indemnify and hold Jabbertise harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content posted, uploaded, submitted, transmitted, emailed or otherwise made available by you to this website, your use of this website, your violation(s) of these Terms or your violation of the rights of a third party.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JABBERTISE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE EFFECTIVENESS OR INEFFECTIVENESS OF THIS SERVICE, THE CONTENT AND/OR THE PROTECTED MATERIALS OR OTHER INFORMATION AVAILABLE FROM THIS WEBSITE. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER. YOU ACKNOWELDGE THAT THE ECONOMIC TERMS OF THIS AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR JABBERTISE TO PROVIDE AND MAINTAIN THIS WEBSITE AND THE PROTECTED MATERIALS HEREIN. IN NO EVENT WILLTHE LIABILITY OF JABBERTISE EXCEED AMOUNTS PAID BY YOU.

Miscellaneous

You understand and agree that any unauthorized use of this website or the content would result in irreparable injury to Jabbertise for which money damages would be inadequate, and in such event Jabbertise will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that Jabbertise may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

Except as otherwise set forth in these Terms, these Terms shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Clara County, California or the United States Federal District for the District of California to resolve any disputes arising under these Terms. In each case these Terms shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

These Terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you r shall be of no effect. The failure or delay of Jabbertise to exercise any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach or of any subsequent default or breach.

Jabbertise takes your privacy seriously. Please refer to our Privacy Policy for more details.

If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Jabbertise and the Jabbertise logo are trademarks, service marks or service names of Jabbertise Inc. and other trademarks contained on this website or in the content are trademarks or registered trademarks of Jabbertise or its businesses, licensors or third parties, in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the content. These Terms do not authorize you to use Jabbertise or its licensors' names or any of their respective trademarks.

The enumeration and headings contained in these Terms are for convenience only and are not intended to have any substantive significance interpreting these Terms.

You agree that there are no third-party beneficiaries to these Terms.

Any correspondence, notice or request permitted to be given under or in connection with these Terms or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to Jabbertise addressed as follows:

These Terms will bind and inure to the benefit of Jabbertise successors and assigns, but is personal to you and may not be transferred, assigned or delegated.