BY SUBMITTING AN ORDER FOR A PROMOTIONAL OFFER DISTRIBUTED BY THE SERVICES, YOU ARE AFFIRMING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS HEREOF.
Provide Accurate Information.
You represent and agree that the information you provide in placing an order for an Offer is true, accurate and complete information. You acknowledge and agree that the Company and its advertiser clients are relaying on the truth and accuracy of the information you provide in processing your order and providing to you the benefits of the Offer you have ordered.
Privacy
You agree to the terms set forth in our privacy policy ("Privacy Policy") set forth at www.aptimus.com/privacy.shtml. By submitting an order for an Offer, you (a) represent and warrant to Company and the Offer's sponsoring advertiser that you have read the Privacy Policy or waive the opportunity to do so, and (b) agree to be bound by its terms.
Offers.
The Offers distributed through the Services are sponsored by third-party advertisers unrelated to the Company. You acknowledge and agree that the Company is not responsible or liable for (i) the availability or quality of the good, service or benefit which is the subject of the Offer; (ii) the accuracy or content of the Offer; and (iii) the acts and omissions of the Offer's sponsoring advertiser. The Company's distribution of the Offer does not imply that either the Company or the third-party website publisher whereon the Services are displayed endorses the Offer or any aspect thereof. You acknowledge and agree that your use of the Offer's good, service or benefit and any related links is at your own risk.
Offers are intended for Adults Only.
You may not use the Services nor order an Offer unless you are at least thirteen (13) years old. By submitting an order for an Offer, you represent and warrant to Company, the Offer's sponsoring advertiser and the website publisher whereon the Services are displayed that you are thirteen (13) years of age or older. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), the Company will never knowingly solicit nor accept personally identifiable information from users under thirteen (13) years of age.
Limitation of Liability.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING OR DISPLAYING THE SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY KNOWS OF THE POSSIBILITY OF SUCH DAMAGE.
While the Company makes every effort to provide a sterile server environment, it does not guarantee that the Services will be error free or that it or the servers that operate the Services are free of viruses or other harmful components. If your use of the Services results in the need for servicing or replacing property, material, equipment or data, the Company is not responsible for the costs of repair, replacement, damage or otherwise.
Without limiting the foregoing, THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
FURTHER, THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER REQUIREMENTS NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES. THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXTRESS OR IMPLIED, REGARDING THE CONTENT OF ANY OFFER SERVED VIA THE SERVICES OR ANY OFFER'S SUBJECT PROMOTIONAL GOODS, SERVICES OR BENEFITS ORDERED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services, an Offer or your violation of this Agreement.
General Provisions.
You are responsible for compliance with applicable local laws. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to you and any other person accessing the Services by means of your computer hardware, software and/or Internet connectivity services. Any attempt by you to assign, transfer or delegate this Agreement without the express written permission of the Company shall be null and void. This Agreement is governed by the law of the State of California, without regard to its conflicts of law provisions. Any dispute you may have with respect to the Services must be commenced within one (1) year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the Agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between you and the Company with respect to the use of the Services and supersedes all prior agreements between the parties regarding the subject matter contained herein.