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PLEASE READ THIS AGREEMENT CAREFULLY!
By signing in to Rosecitycoupons.com, you accept these terms and
conditions. This agreement was created on Feb 27, 2006, and may be
modified at any time.
Acceptance of Terms
By completing the sign-up process, you agree to these terms. Rose City
Coupons may amend these terms from time to time. If you do not agree to
the changes, you may simply discontinue your account. Your continued use
of our service will signify your acceptance of the updated terms.
Member Sign-up Names
Rosecitycoupons.com may, at its sole discretion, change or remove any
member sign-up name. Action may be taken on names which:
1. Represent any form of contact information(URL, email, phone, etc)
2. Represent something other members may consider offensive or
inappropriate.
3. Cause confusion in our marketplace
Rosecitycoupons.com is only a venue
Rosecitycoupons.com acts as a matching service for members to locate
businesses that offer goods and services. We do not own or handle any of
the goods and services listed on the site. As a result, we cannot verify
or endorse the quality, safety, or legality of the items listed, or the
truth or accuracy of the coupons.
Information
Your information includes any information you provide to us or other
members during the registration, or posting process, in any public
message area or through any email feature, including text descriptions
and/or photographs, digital images, or renderings of your items and
services. With respect to your information:
1. Responsibility. You are responsible for your information, and we act
as a passive conduit for your online distribution and publication. We
may, however, take any action with respect to such information we deem
necessary or appropriate at our sole discretion if we believe it may
create liability for us or may cause us to lose (in whole or in part)
the services of our ISPs or other suppliers.
2. Content. You agree that your information and the items and services
you list on Rosecitycoupons.com:
a. will not be fraudulent or involve the sale of stolen items
b. will not violate any law, statute, ordinance, or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination, or false
advertising)
c. will not be defamatory, trade libelous, unlawfully threatening, or
unlawfully harrassing,
d. will not be obscene or contain child pornography
e. will not contain any viruses, Trojan horses, or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system,
data, or personal information
f. will not link directly or indirectly to or include descriptions of
goods or services that are prohibited under this agreement or you do not
have a right to link to or include
3. Fees. Unless otherwise stated, all monentary values are quoted in
U.S. Dollars. You are responsible for paying all applicable taxes and
duties and for all hardware, software, services and other costs you
incur to trade, procure a listing from us, or access our servers. We
reserve the right to change or discontinue.
4. License. You agree to grant us a nonexclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicenseable (through multiple tiers) right
to exercise the copyright and publicity rights (but no other rights) you
have in your information, in any media now known or not currently known,
for the purpose of offering our services.
5. Privacy. Rosecitycoupons.com will only use your Information in
accordance with our Privacy Policy.
The Trading Process
1. Posting. Coupons are text descriptions, graphics, and/or pictures on
Rosecitycoupons.com's website supplied by you that either (a) describe a
good or service you have or provide. You may these types of coupons on
Rosecitycoupons.com's site, provided that you place such coupons in an
appropriate category. Rosecitycoupons.com is not responsible for the
accuracy or content of coupons. All coupons are subject to approval
based on Rosecitycoupons.com Coupon Guidelines.
3. Disputes. Rosecitycoupons.com will not attempt to resolve disputes
between parties, and cannot guarantee that all disputes will be settled
to the satisfaction of all parties.
The Trading System
1. System. You agree that you will not use any device, software, or
routine to interfere or attempt to interfere with the proper working of
the Rosecitycoupons.com site or any transaction being conducted on our
site. You may not take any action which imposes an unreasonable or
disproportionately large load on our infrastructure. You may not
disclose or share your Password to any third parties or use your
Password for any unauthorized purpose.
2. Ratings. You may not take any actions which may undermine the
integrity of the ratings system, such as leaving positive ratings for
yourself using secondary Member IDs or third parties, leaving negative
ratings for other Members using secondary accounts or third parties, or
leaving negative ratings if a Member fails to perform some action that
is outside the scope of the transaction. If your Member rating is one or
lower, we may suspend your account, and you will no longer be able to
participate in transactions.
General Legal Terms
1. Our service is provided "as is." We will try very hard to make your
experience with Rosecitycoupons.com a pleasurable one; however, we
cannot always foresee or anticipate technical or other difficulties.
These difficulties may result in loss of data or other service
interruptions. These terms are also noted in our Maintenance & Downtime
Policy. For this reason, you agree that Rosecitycoupons.com's services
are provided "as is." We cannot assume responsibility for the
timeliness, deletion, misdelivery, or failure to store any Member data,
communications, or personalization settings. WE AND OUR SUPPLIERS
PROVIDE THE ROSECITYCOUPONS.COM WEBSITE AND OUR SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and You may also have other legal rights which
vary from state to state.
2. Suspension/Termination. We may immediately issue a warning,
temporarily suspend, indefinitely suspend, or terminate your membership,
any of your current coupons, and any other information you place on the
site if you breach this Agreement or if we are unable to verify or
authenticate any information you provide to us. Without limiting any
other remedies, Rosecitycoupons.com may suspend or terminate your
account if you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent activity in
connection with our site.
3. Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not
allow the limitation of liability, so the foregoing limitation may not
apply to you.
4. General compliance with laws. You shall comply with all applicable
laws, statutes, ordinances and regulations regarding your use of our
service and your negotiations, coupon ad, purchase, and sale of items
and services.
5. No agency. You and Rosecitycoupons.com are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
6. Notices. Except as explicitly stated otherwise, any notices shall be
given by email to the email address you provide to Rosecitycoupons.com
during the sign-up process, or such other address as the party shall
specify. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
7. Arbitration. Any controversy or claim arising out of or relating to
this Agreement shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration shall be
conducted in Portland in the State of Oregon, and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or Rosecitycoupons.com may seek any interim or
preliminary relief from a court of competent jurisdiction in Portland in
the State of Oregon necessary to protect the rights or property of you
or Rosecitycoupons.com pending the completion of arbitration.
8. General. This Agreement shall be governed in all respects by the laws
of the State of Oregon
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