Last Updated: September 28, 2004
The
offer ("$120 in Printable Grocery Coupons Offer") is
brought to you by WinOffers.com, a property of
KAPSMG.com, Inc. ("WinOffers", "we" or "us"). By
participating and/or attempting to participate in the
$120 in Printable Grocery Coupons Offer, you are
agreeing to comply with, and be bound by, the following
terms and conditions (the “Agreement. Please review
this Agreement carefully. If you do not agree to this
Agreement in its entirety, you are not authorized to
participate and/or attempt to participate in the $120 in
Printable Grocery Coupons Offer in any manner or form,
whatsoever. More information about the $120 in
Printable Grocery Coupons Offer is available at the
WinOffers.com website at
www.WinOffers.com ("WinOffers Website").
PLEASE
BE ADVISED THAT WinOffers RESERVES THE RIGHT, IN ITS
SOLE DISCRETION, TO SUBSTITUTE ANOTHER COMPARABLE
PRODUCT IN LIEU OF THE $120 in Printable
Grocery Coupons , WITHOUT SPECIFIC NOTICE TO YOU.
1.
Acceptance of Agreement.
You
agree to the terms and conditions set forth in this
Agreement with respect to the $120 in Printable Grocery
Coupons Offer. This Agreement constitutes the entire
agreement between you and WinOffers, and supersedes all
prior or contemporaneous agreements, representations,
warranties and/or understandings with respect to the
$120 in Printable Grocery Coupons Offer. We may amend
this Agreement from time to time, in our sole
discretion, without specific notice to you. The latest
Agreement will be posted on the WinOffers Website, and
you should regularly check the WinOffers Website for any
updates and/or changes to this Agreement on a regular
basis. By your continued participation in the $120 in
Printable Grocery Coupons Offer, you hereby agree to all
the terms and conditions contained within the Agreement
effective at that time.
2.
Eligibility.
The $120 in Printable Grocery Coupons Offer is only
available only to legal United States residents who can
enter into legally binding contracts under applicable
law. Notwithstanding the foregoing, the $120 in
Printable Grocery Coupons Offer is not intended for
individuals under the age of 18. If you are under the
age of 18, you do not have authorization to participate
in the $120 in Printable Grocery Coupons Offer. The
$120 in Printable Grocery Coupons Offer is not available
to corporations, partnerships or any other type of
business entity. You must satisfy the $120 in Printable
Grocery Coupons Offer requirements contained in Section
4 herein below within six (6) months of your WinOffers
membership registration date. Thereafter, your
eligibility to redeem the $120 in Printable Grocery
Coupons will terminate.
3.
WinOffers Membership.
In order to participate in the $120 in Printable Grocery
Coupons Offer, you must successfully obtain a membership
to WinOffers and, accordingly, you will be fully subject
to the WinOffers Membership Agreement. To view the
WinOffers Membership Agreement, please click here.
You must register with WinOffers to become a WinOffers
member and to participate in the $120 in Printable
Grocery Coupons Offer. When you
apply and register for membership, you agree to
provide accurate, current and complete information about
yourself ("Application Data") as prompted by the
WinOffers registration form. You also represent that
WinOffers may rely on your Application Data as accurate,
current and complete. You agree to maintain and update
your Application Data to keep it as accurate, current
and complete as possible. WinOffers reserves the right,
in its sole discretion, to terminate your WinOffers
membership and you participation in the $120 in
Printable Grocery Coupons Offer for inaccurate, untrue,
deceptive and/or incomplete Application Data. In order
to update your Application Data, please access and
update your online profile at the WinOffers Website.
WinOffers reserves the right, in its sole discretion, to
accept or reject any membership application for any
reason, or for no reason, whatsoever.
4.
The $120 in Printable Grocery Coupons Offer.
In order to receive the $120 in Printable Grocery
Coupons you must:
First,
complete one of the marketing offers provided on our
website by linking directly to the offer from our
website.
Second, you must refer three (3) friends to our Free
Nintendo promotion and all three must confirm their
signup and also complete at least one advertiser offer.
A referral will count once a user you referred, links to
our site directly from a link included in the referral
email initiated by you from our website and the user
registers their email address.
Please note that you cannot refer yourself for this
program. Any attempt to sign up under duplicate
accounts, emails, names, addresses, etc will disqualify
you from participating. We actively monitor all
referrals. If you choose to skip
this step during the process you will still be able to
continue by logging into the redemption center and
clicking on the link that will take you back to "refer 3
friends".
There
will be a 60 day waiting period for all sponsor offers
and you will be able to check the status of your gift(s)
in the redemption center. After you have completed the
process and the 60 days are up, there will be a message
in your account explaining how to claim your gift.
Once
you obtain your WinOffers membership, you will have an
opportunity to refer other members to the WinOffers
membership service. Once you supply a referral (which
must be a unique individual), the individual will
receive a special referral e-mail containing a hyperlink
to the WinOffers Website. Through this hyperlink, the
individual can obtain a WinOffers membership. In order
to qualify as a Referral, the unique individual must use
the hyperlink contained in the referral e-mail delivered
to him/her. Each individual MUST BE A UNIQUE
INDIVIDUAL. Please be advised that we vigilantly
monitor all referrals for any potential fraudulent
activity. Any attempt by you to sign up under another
membership accounts, e-mail addresses, names or the like
shall result in your immediate termination from the $120
in Printable Grocery Coupons Offer and from WinOffers
membership. In addition, WinOffers reserves its right
to remedy any fraudulent activity in accordance with
Section 11, herein below.
Please
be advised that each of our marketing partners must
supply to us its verification of each and every
Qualifying Offer. This may take up to eight (8) weeks
to receive. Once we have received such verification(s)
and WinOffers determines that you satisfied the
requirements for the $120 in Printable Grocery Coupons
Offer, WinOffers will send you an e-mail requesting that
you verify your shipping address. Once we have received
your verification, you will receive your $120 in
Printable Grocery Coupons within thirty (30) days.
If you
cancel any memberships obtained as a part of a
Qualifying Offer within the first thirty-two (32) days
of registration, the Qualifying Offer will no longer be
considered a Qualifying Offer.
5.
Receipt of Product.
WinOffers does not guarantee receipt of any product
regardless of offers completed or referrals
accumulated. We will take measures to ensure that the
user receives orders within a reasonable amount of
time. However, we do not make any guarantee on delivery
or availability of product.
6.
Delivery of Product.
All orders are mailed to the address provided by the
user at the time the user orders the product. It is a
user’s responsibility to verify that address provided is
correct. WinOffers is not responsible for lost orders
stemming from incorrect shipping addresses. If a user
does not receive a product, he or she should make sure
that they have waited the appropriate time period. In
the event that an item is lost, WinOffers will make a
reasonable effort to track the package and replace it if
necessary.
7.
Availability of Product.
WinOffers does not guarantee the availability of any
product on our website: on occasion, products may be
back ordered from our supplier or their manufacturer.
In cases involving backordered products, we do not
guarantee that the products will ship within any given
period of time.
8.
Proprietary Rights.
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion,
software and other matters related to the $120 in
Printable Grocery Coupons Offer are protected under
applicable copyrights, trademarks and other proprietary
(including, without limitation, intellectual property)
rights. The copying, redistribution and/or publication
by you of any part of the $120 in Printable Grocery
Coupons Offer are strictly prohibited. You do not
acquire ownership rights to any content, document,
software, services or other materials in connection with
the $120 in Printable Grocery Coupons Offer.
9.
Privacy Policy.
Participation in the $120 in Printable Grocery Coupons
Offer is subject to our Privacy Policy, which is hereby
incorporated into, and made part of, this Agreement. We
reserve the right, and you authorize us, to use and
assign all information regarding your participation in
the $120 in Printable Grocery Coupons Offer and any and
all other personal information provided by you in any
manner consistent with our Privacy Policy, which is
hereby made a part of this Agreement.
10.
Changes, Deletions and Modifications.
We reserve the right, in our sole discretion, to change,
delete and or modify any term and/or condition
associated with the $120 in Printable Grocery Coupons
Offer at anytime without notice to you.
11.
Indemnification.
You agree to indemnify, defend and hold WinOffers, and
its officers, executives, partners, members, employees,
agents, subsidiaries and affiliates, harmless against
any and all liabilities, claims, actions, suits,
proceedings, judgments, fines, damages, costs, losses
and expenses (including settlement costs and/or
reasonable attorneys’ fees) arising from your breach of
this Agreement and/or your participation in the $120 in
Printable Grocery Coupons Offer, in any manner
whatsoever.
12.
Disclaimers and Limitations.
THE $120 in Printable Grocery Coupons Offer IS PROVIDED
ON AN "AS IS AND "AS AVAILABLE" BASIS AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR
PURPOSE). WinOffers HAS NO LIABILITY WHATSOEVER FOR
YOUR PARTICIPATION IN, OR ATTEMPTED PARTICIPATION IN,
THE $120 in Printable Grocery Coupons Offer. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WinOffers
IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
WinOffers AND YOU. THE $120 in Printable Grocery
Coupons Offer WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
WITHOUT LIMITING ANY LIMITATION OF LIABILITY CONTAINED
HEREIN, WinOffers DISCLAIMS ANY AND ALL RESPONSIBILITY
AND/OR LIABILITY ARISING FROM: 1) THE $120 in Printable
Grocery Coupons OR ANY SUBSTITUTE PROMOTIONAL PRODUCT(S)
OBTAINED BY AND/OR THROUGH THE $120 in Printable Grocery
Coupons Offer; AND 2) ANY RELATIONSHIP YOU ESTABLISH
WITH ONE OF OUR MARKETING PARTNERS THROUGH A QUALIFYING
OFFER, AS DEFINED HEREINABOVE. YOU UNDERSTAND AND AGREE
THAT PARTICIPATION IN THE $120 in Printable Grocery
Coupons Offer AND USE OF THE COUPONS, OR ANY SUBSTITUTE
PROMOTIONAL PRODUCT(S) IS DONE AT YOUR OWN DISCRETION
AND AT YOUR OWN RISK.
OUR
MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID
TO OBTAIN THE COUPONS, OR ANY SUBSTITUTE PROMOTIONAL
PRODUCT(S) OBTAINED BY AND/OR THROUGH THE $120 in
Printable Grocery Coupons Offer. NOTWITHSTANDING THE
FOREGOING, WinOffers SHALL NOT BE LIABLE TO YOU FOR ANY
SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD
PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE
WinOffers WEBSITE.
13.
Equipment.
You
shall be responsible for obtaining and maintaining all
telephone, computer hardware and any other equipment
needed to access and/or use the $120 in Printable
Grocery Coupons Offer, as well as any and all charges
related thereto.
14.
Legal Warning.
Any attempt to commit any fraudulent act in connection
with the $120 in Printable Grocery Coupons Offer and/or
a WinOffers membership is a violation of criminal and
civil law and WinOffers will diligently pursue any and
all remedies in this regard against any offending
individual or entity to the fullest extent permissible
by law and in equity.
15.
Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in New York, New York and shall
be governed by and construed in accordance with the laws
of the State of New York (without regard to conflict of
law principles). Should a dispute arise concerning the
terms and conditions of this Agreement or the breach of
same by either party hereto, the parties agree to submit
their dispute for resolution by arbitration before the
American Arbitration Association in New York City, in
accordance with the then current Commercial Arbitration
Rules of the American Arbitration Association. Any
award rendered shall be final and conclusive to the
parties and a judgment thereon may be entered in any
court of competent jurisdiction. Nothing herein shall
be construed to preclude any party from seeking
injunctive relief in order to protect its rights pending
an outcome in arbitration. Should any part of this
Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and
the remaining portions shall remain in full force and
effect. To the extent that anything in or associated
with the $120 in Printable Grocery Coupons Offer is in
conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision. The parties do not intend that any
agency or partnership relationship be created through
operation of this Agreement.
16.
Contact Us.
If you have any questions about the $120 in Printable
Grocery Coupons Offer or WinOffers membership, please
send your inquiries by e-mail to: help@WinOffers.com.