|
The following terms and conditions apply to all users of this site whether it is a casual browser of ChopDog.com, shopper, business, nonprofit or distributor hereinafter collectively referred to as "User(s)" and further defined in this Agreement:
ACCEPTANCE OF TERMS THROUGH USE
The ChopDog.com site is owned and operated by Uponz, LLC ("Company"), an Ohio based Limited Liability Corporation. Please read these terms and conditions and our privacy policy carefully before using our site. By using this site, you (the "User") automatically agree to all of these terms and conditions of use. The Company may revise these terms from time to time. If Users continue to use our site after we post changes to these terms and conditions, it will mean that the User accepts those changes. If the User does not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the Company reserves the right to revise this Agreement at any time, in whole or in part, without notice of change. Consequently, User’s continued use of this site, following the posting of any changes to the Agreement, constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or in accordance with any other instructions on this site
REGISTRATION REQUIREMENTS
Users must be at least 18 years old and registration requirements must be completed on the ChopDog.com web site. User agrees to register as they intend to use the web site under the following categories: Shopper, Business, Non-Profit or Distributor.
A "Shopper" is defined as User that intends to only use the web site for shopping purpose only and has not intention to post coupons, receive matching points or act as a distributor. A "Shopper" may also be referred to as a "consumer or subscriber"
A "Business" is defined as User that intends to not only use the web site for shopping purposes but will also post coupons and can use other ChopDog.com services as they relate to promoting their business. A business cannot act as a Non-Profit to receive matching points or act as a distributor. Businesses can be individual sole proprietors, partnerships or corporations. A business must have its location in the USA. . A "Business" may also be referred to as an "Advertiser" or "Local Store". Users that register as a Business further agree to all additional guidelines, terms and conditions, both in this Agreement and on the ChopDog.com web site, as it relates to posting coupons and other business services supplied by the Company through the ChopDog.com web site.
A "Non-Profit" is defined as a User that intends to only use the web site for shopping purposes and as an additional alternative fundraising vehicle for their organization to receive matching reward points or to use a "Donate Now" web page to raise cash. A Non-Profit User has no commercial intentions to use the Company’s service that are offered to Business Users. Non-Profits can be charities, civic organizations, clubs, teams, schools, individual or family hardship cases or any other organizations whose charter is not to make a profit. If you are a 501c3 or any other organization claiming tax deductions for Users, you must provide proof from the IRS of your status. A User designated as Non-Profit must be located in the USA and is subject to final approval by the Company. Users that register as a Non-Profit further agree to all additional guidelines, terms and conditions, both in this Agreement and on the ChopDog.com web site, as it relates to matching rewards and other services supplied by the Company through the ChopDog.com web site.
A "Distributor" is defined as a User that intends to only use the web site for shopping purposes and as an income producing opportunity. A Distributor User has no commercial intentions to use the Company’s service that are offered to Business or Non-Profit Users. Distributors can be individuals, partnerships or corporations located within the USA. A User designated as Distributor is subject to final approval by the Company. Users that register as a Distributor further agree to all additional guidelines, terms and conditions, both in this Agreement and on the ChopDog.com web site. Users intending to become Distributors further agree to an additional registration and review process set forth on the Company’s web site and in the Distributor Addendum which is made a part hereto as supplied by the Company after the Distributor applies for this User status.
ELIGIBILITY TO USE THIS SITE AND TO AGREE TO THE TERMS AND CONDITIONS OF THIS SITE.
This Agreement is intended to be understood and agreed to by a person 18 years old or more. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If Users are not yet 18, if Users are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as Users do not have permission to access this site.
Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of this site. Users may maintain only one account. Any duplicate accounts will be subject to cancellation. A User may not operate multiple accounts by registering several emails, which shall also be cause for terminating all suspected accounts.
The COMPANY’S program and web site is only available via access through the ChopDog web site at http://www.chopdog.com). Users must have Internet access to browse through this site but must complete a registration form to shop, make online purchase and use or print coupons for use through this site. To receive rewards User must provide further information as detailed in the registration section on this site. The COMPANY is not responsible for a User’s inability to connect to the Internet, log into the site, or access User’s account.
LICENSE TO USE THIS SITE
Upon User’s acceptance of this Agreement through the User’s use, the Company hereby grants User a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. User agrees not to make any false or fraudulent statements in User’s use of or to gain access to this site. User acknowledges and agree that all content and services available on this site including but not limited to artwork, photographs, graphics, data collections, methods of analysis, ratings, text and trademarks, are property of the Company and its advertisers and licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers, nonprofits and licensors.
USER NAME AND PASSWORD PROTECTION
The COMPANY will issue User a user name and password, if User chooses to participate in the program. The COMPANY will use its best efforts to keep User’s user name and password secure with acceptable industry procedures and practices that the COMPANY is aware of. However, the COMPANY will not be held responsible and User shall hold the COMPANY harmless in the event User creates a username and/or password that can easily be guessed or User gives the user name and password to someone other than themselves in written or verbal form. The COMPANY takes actions based on password verification whether that action is viewing any content in Users’ account or redeeming points. User agrees to take the precautions necessary to safeguard the security of User’s user name and password.
AGREEMENT NOT TO DUPLICATE CHOPDOG IN WHOLE OR PART
User agrees that User shall not try to duplicate in whole or in part any portion of this site through any form of reverse engineering or data compiling or translation or alter any code or contents on or received from this site. User agrees and understands that civil and/or criminal proceedings may be filed for such action to protect the rights of the COMPANY.
THIRD PARTY SITES
From this site, User will be transferred to online merchants or other third party sites through various links. ChopDog.com is a savings portal that allows consumer offers for other sites. The Company does not sell any goods or services to consumers and nothing on this site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases User makes will be through other websites and from other companies. User is cautioned to read such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of User’s use of such sites. Be sure to carefully evaluate and investigate such sites to your satisfaction.
User is also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Company does not guarantee prices, promotions, or products or services, or anything on such sites. User is knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this site. User agrees that the ‘Company and its licensors and advertisers shall have no liability whatsoever from such third party sites and User’s usage of them.
These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. The Company does not sponsor or recommend these sites. User acknowledges that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for User’s convenience. If User suspects a problem or practice that is deceptive, report it to ChopDog.com.
If User have any further complaint with such sites, User can contact that site directly, or contact User state Attorney General or the Federal Trade Commission at www.ftc.gov.
EARNING REWARD POINTS
Subscribers will be credited, subject to the terms and conditions enumerated in this Agreement and detailed on the ChopDog.com web site, points based on purchases made by the User at one of the online merchants affiliated with ChopDog.com (an "Online Affiliate") or by using coupons listed on ChopDog.com’s web site by local stores ("Local Stores"). Each User is assigned a ChopDog.com User ID. This unique User ID along with the COMPANY’s own unique "Publisher ID" is what is given to Online Affiliates for each transaction made. The unique User ID is also printed on coupons, which are redeemed by local stores so that reward points can be credited to the User’s account. It is understood and agreed to by User that certain conditions must be meet to earn reward points for each type of transaction as detailed in the following portion of this Agreement
EARNING REWARD POINTS THROUGH ONLINE AFFLIATES AS A USER (SHOPPER)
The actual number of points received by a User for an online purchase will vary depending on the commission percentage paid to the Company by the Online Affiliate, the type of product purchased and the dollar volume of the purchase. The Company does not receive revenue and points cannot be earned on taxes, gift wrapping, shipping or handling fee, promotional credits, returns, cancellations, and transaction fees or as the Online Affiliate defines on their respective web site and as is enumerated in their respective Affiliate Usership and/or Operating Agreement document. All Online Affiliates user and/or Operating Agreements as they relate to their affiliate or partner programs with ChopDog that reside on the Online Affiliate's respective web sites are hereby incorporated into this Agreement by reference.
As a User, purchases made through ChopDog.com Online Affiliates will be deemed a "Qualified Purchase" and will be subject to earn points, at the sole discretion of the Company, only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on User’s web browser. 2) All potential Qualified Purchases must begin by clicking on the Online Affiliate’s link that appears on ChopDog.com web site and being successfully connected to that Online Affiliate’s web site based upon that click. For reliability of tracking the Company highly recommends User start shopping at the ChopDog.com website. 3) All purchases must be started and completed in one shopping session through the Online Affiliate. If User starts a purchase, then completes it in a different session, User will be ineligible for any points. 4) Users must not use coupons not listed on the ChopDog.com’s website. Coupon codes are uniquely assigned by each Online Affiliate to ChopDog.com for tracking and commission payment uses. Using a different coupon code will not be considered a Qualified Purchase 5) Returned items will invalidate the purchase and not be deemed a Qualified Purchase. It is understood and agreed to by User, that any points earned as a result of a purchase that was returned for whatever reason will be charged back to the User’s ChopDog rewards account.
6.) Reward points are subject to adjustments for returns, cancellations, and other events. Such adjustments are applied to User’s reward accounts at any time by the COMPANY at its sole discretion. Should User disagree with any adjustments made to User’s account, User’s can file a dispute with the COMPANY to investigate the matter. If the COMPANY did not receive payment from the Online Affiliate for any reason, no points will be rewarded. The only remedy available to the User is to not purchase product through that Online Affiliate or withdraw from ChopDog’s Program.
EARNING REWARD POINTS THROUGH COUPON USAGE AS A USER (SHOPPER)
The actual number of points received by a User for redeeming a coupon at the time of purchasing a product or service through a registered local store will vary depending on the "Coupon Redemption Fee" paid to the Company by the Local Store. Coupon Redemption Fees vary depending on the type of product purchased and the dollar volume of the purchase. The Company does not receive revenue and points cannot be earned on taxes, gift-wrapping, shipping or handling fee, promotional credits, returns, cancellations, and transaction fees.
As a User, purchases made through ChopDog.com Local Stores will be deemed a "Qualified Purchase" and will be subject to earn points, at the sole discretion of the Company, only if all of the following criteria are satisfied: 1) the User’s User ID is clearly printed and legible on the coupon at the time of presentation to the Local Store. 2) User only receives points for using ChopDog.com coupons with that particular registered Local Store. No points are earned by shopping at a registered Local Store without a ChopDog coupon. 3) All potential Qualified Purchases must begin by having the Local Store connect to and upload that unique User ID for that particular coupon on ChopDog.coms’ web site. 4.) Users will not receive points for coupons not listed on the ChopDog.com’s website. 5.) Using another registered User’s coupon will entitle the User’s whose ID is on the coupon to get reward points. 6) Returned items will invalidated the purchase and not be deemed a Qualified Purchase. It is understood and agreed to by User, that any points earned as a result of a purchase that was returned for whatever reason will be charged back to the User’s ChopDog rewards account.
Reward points are subject to adjustments for returns, cancellations, and other events. Such adjustments are applied to User’s reward accounts at any time by the COMPANY at its sole discretion. Should User disagree with any adjustments made to User’s account, User’s can file a dispute with the COMPANY to investigate the matter. User’s can contact Local Stores through ChopDog.com’s message center or file a dispute concerning a transaction User feels they are entitled to reward points. If the COMPANY did not receive payment from the Local Store for any reason, no points will be rewarded. The only remedy available to the User is to not purchase product through that Local Store or withdraw from ChopDog’s Program.
EARNING REWARD POINTS BY REFERRING OTHER USERS
Users can qualify to earn reward points by referring others ("Referee") to register with ChopDog.com. In order to receive the reward points the following qualifications must be meet:
The Referee must be a new User. Referee cannot share the same email address as the registered User or be the same User with a different email address. 2) When Referee registers with ChopDog.com, they must put the referring User’s email address in the field that is designated as "Referred By" at the time of registration. No points will be given for referrals after the registration of the new User is completed. 3.) Points received by the referral will be listed as "pending" until the referee meets one of the following requirements a.) The new User must complete a transaction through ChopDog.com by either making an online purchase through an Affiliate or b.) by using a coupon at a Local Store registered through ChopDog.com which is successful uploaded to ChopDog.com’s web site for processing. Once the new User meets one of these qualifications both the referring User and the referred will receive points.
LOCAL STORES EARNING REWARD POINTS THROUGH COUPON REDEMPTION
A business or advertiser can register on ChopDog.com and post coupons on the Company’s web site, subject to certain terms and conditions as set forth below. These business or advertisers, which are also User’s and are entitled to reward points as stated above, are referred to as "Local Stores". In addition to points made from using the Company’s web site, "Local Stores" can earn reward points for processing ChopDog coupons redeemed through their Store. Points earned for uploading redeemed coupons to ChopDog.com’s web site will vary depending on the "Coupon Redemption Fee" paid to the Company by the Local Store. Coupon Redemption Fees vary depending on the type of product purchased and the dollar volume of the purchase. If the Company does not receive revenue, no points can be rewarded. Additionally, it is understood that points cannot be earned on taxes, gift-wrapping, shipping or handling fee, promotional credits, returns, cancellations, and transaction fees.
Reward points paid to Users registered as Local Stores are subject to adjustments for returns, failure to pay redemption fees, invalid credit card on file, cancellations, and other events. Such adjustments are applied to User’s reward accounts at any time by the COMPANY at its sole discretion. Should User disagree with any adjustments made to User’s account, User’s can file a dispute with the COMPANY to investigate the matter. If the COMPANY did not receive payment from the Local Store for any reason, no points will be rewarded. The only remedy available to the User is to not purchase product through that Local Store or withdraw from ChopDog’s Program.
NON-PROFITS EARNING REWARD POINTS THROUGH MATCHING POINTS EARNED BY USERS
When an individual or company registers with ChopDog.com to become a User, they must select a Non-Profit entity that is registered with the Company. Any reward points earned by the User, subject to the terms and conditions above and posted on the ChodDog.com web site, will be matched to their designated Non-Profit. Any Non-Profit can register on ChopDog.com, subject to the sole and exclusive approval of the Company under the terms and conditions for Non-Profit Registration as set forth below. These Non-Profits, which are also User’s and are entitled to reward points as stated above, are referred to as "Non-Profits". In addition to points made from using the Company’s web site, "Non-Profits" can earn matching reward points from User’s as set forth above when User’s make online purchases through Online Affiliates or through Local Stores.
Reward points paid to Users registered as Non-Profits are subject to adjustments when User’s return goods, Local stores fail to pay redemption fees, cancellations, and other events. Such adjustments are applied to User’s reward accounts at any time by the COMPANY at its sole discretion which in turn will create a charge back equal to the points received by the Non-Profit through the User. Should the Non-Profit disagree with any adjustments made to Non-Profit’s account, Non-profits’s can file a dispute with the COMPANY to investigate the matter.
TAXES
User may be taxed on User’s accrual of reward points, depending on the amount of the rewards User understands and agrees to abide by all tax laws of federal, state, and local jurisdictions with regard to this matter. In all instances, User will be solely responsible for any and all tax liability arising out of User’s accrual or redemption of reward points.
EARNING, POSTING AND REDEMPTION OF POINTS
Users are rewarded points for online purchases through ChopDog.com’s Online Affiliates through Local Stores who redeem coupons printed through ChopDog.com. User is aware that points vary depending on the store, type of purchase and value of the purchase. User can view their points earned for transaction in their account on the Company’s web site. Reward points earned are posted to Users’ accounts within 48 hrs of the Company being made aware that an online purchase or coupon redemption transaction has occurred. Points have no cash value but can be redeemed for gift cards offered by various stores in the redemption center of the ChodDog.com web site. Points are non-transferable.
It is the User’s responsibility to check User’s account regularly to ensure that reward points have been properly credited and that User’s account balance is accurate. If User does not believe that points have been correctly credited to User’s account then User must wait at least 30 days but no more than 60 days after completing a transaction to contact the Company through its Dispute Resolution Center. Necessary adjustments may be applied to User accounts at any time by the Company at its sole discretion. If User does not agree to the adjustments made to User’s account, User’s only recourse will be to terminate their participating in ChopDog.com’s Program as per this Agreement. The Company reserves the right to terminate any account for abusive or fraudulent activity, or if the User is no longer reachable at the e-mail address provided.
It is further agreed by User that the Company and its officers and employees are not responsible for changes to, or discontinuance of, any Online Affiliate or Local Store, or for any effect on rewarding of points caused by such changes, discontinuance, or withdrawal. The Company is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Online Affiliate or Local Store. It is the User's responsibility to make sure that all specials are valid. If User choose to use coupons and specials that are not listed on the ChopDog.com web site, the Company cannot guarantee that User will be eligible to receive an reward points for their transaction.
Only the assigned User can redeem points. Gifts Cards that have been redeemed by User’s points will only be mailed to the User’s current mailing address listed on the account. User agrees to accurately insure that all account information is up to date. User assumes all liability for gift cards that are lost be cause of outdated, inaccurate or incomplete information. User agrees to the terms, conditions and restrictions of the store that is providing the gift card. It is further understood by User that each gift card is treated as cash and that the Company cannot replace any gift cards that are lost or stolen.
PAYMENT FOR DONATIONS TO NONPROFITS THROUGH CHOPDOG.COM
Each Non-Profit User is entitled to a free "Donate Now" web page. A Donate Now web page gives the Non-Profit the ability to briefly describe their Non-Profit and accept donations online either by check or by credit card through ChopDog.com’s payment processing vendor. There are no setup or monthly fees design or hosting of the Donate Now web page. As such Non-Profits electing to use a Donate Now web page authorize the Company to act on their behalf for the purpose of collecting funds from others through the use of a "Donate Now" button on this web page only. The Non-Profit does not authorize the Company to collect funds in any manner outside of the Donate Now web page without the express written permission of the Non-Profit.
Funds collected from the Donate Now web page will be subject to a ten percent (10%) processing and handling fee to cover credit card and administrative expenses related to each transaction. Non-Profits can choose to have all funds done by bank transfer (ACH) or by checks. Checks for Donate Now Donations are prepared and mailed on the 15th of each month for the preceding month the donation occurred. Non-Profit Users will receive the name and address of the contributor. In the event of a charge back, Nonprofit agrees to either immediately pay the Company back for the money they received for the transaction that was charged back and or agrees to have the Company offset the charge back against any and all monies owed.
LICENSE RESTRICTIONS
Security
User agree that when issued a Username and Password by the Company, User shall use their best efforts to prevent access to this site through their Username and Password by anyone other than the User, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if User discover loss or access to such information by another party not under User’s control and supervision, and by using a Username and Password not easily guessed by a third party.
Use
Except as may be explicitly permitted through this site, User agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Government Use
If a User is a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
TRADEMARKS
The Company's, licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
DISCLAIMER OF WARRANTIES
THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERR USE OF THIS SITE IS SOLELY AT USERR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO USER BUT SHALL APPLY AS MUCH AS PERMITTED BY LAW OF THE USER’S JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF USER’S JURISDICTION.
INDEMNIFICATION
User agree to defend, indemnify, and hold harmless the Company, its advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from User’s use of this site, or any services, information or products from this site, or any violation of this Agreement or the terms of their offerings. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Ohio, United States of America. By accessing this site, both User and the Company agree that the statues and laws of the Ohio shall apply to any actions or claims arising out of or in relation to this Agreement or User’s use of this site, without regard to conflicts of laws principles thereof. User and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Ohio in the County of Cuyahoga and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
CAUSE FOR TERMINATION OF USE
Users registered to use ChopDog.com’s Program are subject to guidelines posted on the web site, the terms and conditions of this Agreement or any addendum to their Agreement. Any failure to comply with the terms and conditions, any fraud or abuse relating to the accrual of points or cash, or any misrepresentation of any information furnished to the Company or its affiliates by User, or anyone acting on User’s behalf, may result in the termination of the User in the Company’s program, cancellation of User’s account and/or forfeiture of User’s accrued reward points.
The Company also reserves the right to close accounts that have been inactive for more than six (6) months referred to as "Dormant Accounts". Inactivity for these accounts is defined as no tracked visits through either a log in event, purchase, or coupon usage or if their email is returned and User is unreachable. It is agreed to by the User, there is a cost associated with maintaining a User’s account. Consequently any Dormant Account will have all points in it taken back by the Company to offset these costs, and the Company will no longer allow the User to login under that username and password.
DISCLOSURE OF INFORMATION
User authorize Company to only disclose to third parties, information User has provided, or information that the Company has obtained about User’s account or shopping behavior: (i) to agents, distributors registered with the Company and licensors of the Company or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption of User’s reward points. Further, User authorize the Company to receive any account information from any Online Affiliate or Local Store including, but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. User agrees to hold the Online Affiliate, Local Store or any other registered User or affiliate harmless for any information disclosed to the Company.
By signing up through the Company’s web site, ChopDog.com, User agree to receive communications that are account and User related (e.g. that we've added points, a coupon has been redeemed, welcome message, new coupon posted, new features are available, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Users. User can opt-out of receiving emails that are not account-related by either (i) visiting User account page for preferences and hitting the 'edit' link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with Users in order to operate our service, User can't unsubscribe from account information emails. We do not send frivolous information to you. These are not promotional emails, and are only used to notify User that a gift card is on the way, that points are posted to your account, and so forth. If a User does not want to ever hear from us, even if just to hear that we tracked a coupon that was used, User can close down their account by contacting customer service.
MISCELLANEOUS
This Agreement constitutes the entire agreement, with the exception of the Distributors Addendum, between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed unless posted on this site by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
TERMINATION OR MODIFICATIONS TO THE PROGRAM
The Company reserves the right to terminate the ChopDog.com Program at any time with notice. User will have sixty (60) days from the date notice of termination is provided time to redeem any reward points in User’s account. Any unused points in the Account will be lost if not redeemed. User must have enough points in the account to redeem a gift card. Notification of termination will be sent to the email address listed on User’s account. The Company will not be responsible for failing to notify User of termination where such failure is caused by any reason outside the control of the Company.
All modification to this Agreement or will be posted here without notice. It is User’s responsibility to check the Agreement to see if any changes have been made. If changes have been made, User’s continued participation through ChopDog.com after such modification shall be deemed to be User’s acceptance of any such modification.
INTERPRETATION OF TERMS AND CONDITIONS, DISPUTES & ERRORS
All questions or disputes regarding this Agreement, the ChopDog Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of points or redemption, can be found on the web site at www.ChopDog.com through either the overview section, FAQ section, the Dispute Resolution Center or you can use the form on the Contact page. You can also write to us at
1736 Saint Clair Ave
Cleveland, OH 44114
Any such interpretations, disputes and errors shall be resolved by the Company at its sole discretion.
|
|
