TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using
www.incentrev.com, www.incentrevauctions.com or any of the sub-domains of
either incentrev.com or incentrevauctions.com (collectively, the
"Website"), you agree to be bound by these Terms and Conditions of
Use ("Terms and Conditions"). If you do not agree to these Terms and
Conditions, you may not access or use the Website or Services, which are further
described below, and should immediately cease use. We reserve the right, in
our sole discretion, to change, modify, add, or remove portions of these Terms
and Conditions at any time. Any modifications shall be effective immediately
upon notice, which may be accomplished by posting the modified Terms and
Conditions on the Website or via e-mail. Your use of the Website and/or
Services following notice shall be deemed your acceptance of modifications.
Continued access and use of the Website and/or Services shall be deemed your
conclusive acceptance of the modified agreement. You should check the Terms
and Conditions periodically for changes, regardless of whether you have
reviewed them. These Terms and Conditions shall apply to all future owners,
successors and assigns of INCENTREV, Inc.
BY CLICKING ANY ACCEPTANCE
OR SUBMIT BUTTON OR USING THE WEBSITE OR SERVICES, YOU SIGNIFY YOUR AGREEMENT
TO THE TERMS OF THIS AGREEMENT WITH INCENTREV, INC. ("INCENTREV"),
YOU AGREE TO THE Privacy Policy, YOU AGREE TO THE Cookie Policy AND YOU CONSENT
TO JURISDICTION IN THE STATE OF OHIO FOR ANY DISPUTE. IF YOU DO NOT AGREE TO
THIS AGREEMENT CLICK THE "DECLINE" OR "CANCEL" BUTTON AND
DO NOT USE THE WEBSITE OR SERVICES.
As a user of the Website,
such as a buyer of a gift certificate or auction participant, you agree to the
following Terms and Conditions:
Introduction
Welcome to INCENTREV, Inc. The
Terms and Conditions set forth the agreement (“Agreement”) between INCENTREV,
Inc., together with any and all affiliates and subsidiaries, and any person or
entity that directly or indirectly controls, is controlled by, or is under
common control of INCENTREV, Inc., whether by ownership means or otherwise,
such as the owner of a sub-domain (collectively, "INCENTREV") and
each user or buyer (collectively, "you" or "user"). The
Terms and Conditions govern the use by you of this Website. INCENTREV and this
Website are designed to provide users with information related to goods,
services and gift certificates, the ability to bid and/or purchase a good,
services or gift certificate, and other related information.
Scope and General
Information
By using this Website, you
acknowledge and agree to be legally bound and to abide by the Terms and
Conditions. If you do not comply with the Terms and Conditions, INCENTREV
reserves the right, if applicable, to terminate your related user account
and/or access to this Website or any part thereof. By not complying with the
Terms and Conditions, you acknowledge and agree that we may immediately
deactivate or delete your user account and all related information and files in
your user account and/or bar further access to the Website, user account, and
related information and files. Further, you agree that INCENTREV shall not be
liable to you or any third-party for any termination, cancellation, or denial
of your access to or use of our Website or user account.
When you receive a user
account for our Website, subscribe and/or utilize one of our services, or
perform similar activities, you must provide us with the requested information,
which must be current, complete, and accurate information, as prompted by the
applicable inquiry form. You acknowledge that by providing any information to
INCENTREV that is untrue, inaccurate, not current, or incomplete, INCENTREV
reserves the right to terminate your continued access, use of the Website,
Services, and user account.
You agree to: maintain all
equipment required for your access and use of the Website; maintain the
security and confidentiality and other confidential information relating to
your user account; and to be accountable for all charges and/or activities
resulting from access and use of the Website and/or your user account,
including unauthorized use prior to your notification of unauthorized use to
INCENTREV as well as prevention of further occurrences of unauthorized use by
changing your access information. You are entirely responsible for any and all
activities and conduct, whether by you or anyone else, that are conducted through
your user account. You agree to notify INCENTREV immediately of any
unauthorized use of your account or any other breach of security. INCENTREV
will not be responsible for any loss that you may incur as a result of someone
else using your account, either with or without your knowledge. You may be
held liable for any losses incurred by INCENTREV or another party due to
someone else using your account.
Limited License; Use of
Website and Services
INCENTREV grants to you a
limited, non-exclusive, non-transferable right and license to access the
Website and to use the Services provided thereon. INCENTREV services
("Services") shall include, without limitation, providing users with
information related to goods, services and gift certificates, the ability to
bid and/or purchase a good, service or gift certificate, and other related
information.
Eligibility Requirements
The use of this Website is
available only to individuals located in the United States who can form legally
binding contracts under the applicable law. Without limiting the foregoing,
the Services are not available to minors or to temporarily or indefinitely
suspended users of the Website. You must be 18 years of age to use this
Website. If you do not qualify, please do not use the Services. In addition,
your INCENTREV account and user ID may not transferred or sold to another
party. If you are registering as a business entity, you represent that you
have the authority to bind the entity to this Agreement.
INCENTREV does not sell
goods, services or gift certificates for purchase by children. By using this
Website (providing information, purchases), you represent to INCENTREV that you
are 18 years of age or older. If you are under 18, you may use an INCENTREV
Website only with the involvement of a parent or guardian. INCENTREV reserves
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders for any reason.
Some Services may require
consultation and qualification, including any procedures involving medical or
health-related services. By using these services, any users attest that they
have had the opportunity to seek medical advice and have been medically cleared
to use the applicable Service. Appointments may be required for Services; neither
INCENTREV nor the sponsoring media partner guarantee any particular
availability.
User Regulations
You agree to use this
Website only for lawful purposes and that you are responsible for your use and
communication on the Website. You are prohibited from posting or transmitting
on or through this Website, including, but not limited to, any unlawful,
infringing, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, indecent, offensive, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including, without
limitation, material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, infringes another’s intellectual
property rights, or violates any local, state, national, or international law.
Further, in connection with
your use of the Website, you acknowledge and agree that you will not access the
Website by any means other than through the standard, industry-accepted or
INCENTREV-provided interfaces. You acknowledge and agree that you will not
impersonate any person or entity, including without limitation, an INCENTREV
official or someone of similar position or falsely state or otherwise
misrepresent your affiliation with a person or entity. You acknowledge and
agree that you will not use the Website or the Services in a manner that
adversely affects the normal operation or the availability of its resources to
other users or any other user’s use and enjoyment of the Website or use the
Website or the Services for any purpose that is unlawful or prohibited by these
Terms and Conditions. You may not use the Website or the Services in any
manner that could damage, disable, overburden, or impair INCENTREV servers or
networks or interfere with any other user's use and enjoyment of the Website
and/or Services. You acknowledge and agree that you may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available through the Website or Services. You acknowledge that you will not
inquire or attempt to inquire, provide or attempt to provide, register or
attempt to register, subscribe or attempt to subscribe any party to the Website
or for any INCENTREV product or Service if you are not expressly authorized by
the party to do so.
You acknowledge and agree that
you will not copy, reverse engineer, reverse assemble, otherwise attempt to
discover source code, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, commercially exploit, or
transfer or sell any information, software, products, or Services obtained
through the Website. You acknowledge that you will not infringe, upload, or
otherwise transmit any material that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights of any party. You acknowledge
and agree that you will not manipulate or otherwise display the Website and/or
Services by using framing or similar navigational technology.
If INCENTREV is notified of
allegedly infringing, defamatory, damaging, illegal, or offensive conduct by
you, INCENTREV may temporarily deactivate the user's account, investigate the
allegation, if applicable, remove any allegedly infringing, defamatory,
damaging, illegal, or offensive language or image, and determine in its sole
discretion whether to permanently remove the user from access to the Website
and to deactivate the user's account. Further, INCENTREV may disclose any
content or communication of any kind: (1) to satisfy any law, regulation, or
administrative or governmental request; (2) if the disclosure is necessary or
appropriate, to operate the Website; or (3) to protect the rights or property
of INCENTREV, its users, or providers.
INCENTREV reserves the
right to prohibit conduct, communication, or content that it deems in its sound
discretion to be harmful to its users, the Website, or any rights of INCENTREV
or any third party, or that may violate any applicable law. Notwithstanding
the foregoing, neither INCENTREV nor its providers can prompt removal of
questionable content after online posting. Accordingly, neither INCENTREV nor
its providers shall assume liability for any action or inaction with respect to
its users and/or conduct, communication, or content posted by its users or any
third party.
User Verification
INCENTREV utilizes many
techniques to identify our users when they register on the Website. However,
because user verification on the Internet is difficult, INCENTREV cannot and
does not confirm each user's purported identity. INCENTREV reserves the right
to contact you directly by any and all means of communication that you leave to
us at the time of registration.
Online Venue
INCENTREV provides an
online Venue. INCENTREV is not an Auctioneer. Although INCENTREV may be
commonly referred to as an online auction website, it is important to realize
that INCENTREV is not a traditional "auctioneer." Instead, the
Website acts as a venue to allow anyone to purchase or bid on a good, service
or gift certificate, at any time, from anywhere in the United States, in a
variety of pricing formats, including a fixed price format and an auction-style
bidding format. INCENTREV is not involved in the actual transaction between
buyers and sellers. As a result, INCENTREV has no control over the quality,
safety or legality of the items listed, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability of buyers to buy items.
INCENTREV cannot and does not ensure that a buyer or seller will actually honor
a transaction partially or completely.
Methods of Payment
Acceptable methods of payment are as follows:
Product Orders/Purchase
Information/Shipping Information
Prices and availability of
the gift certificates, products and services listed on this Website are subject
to change without notice. The listing, description of, or reference to, a
product or service on this Website does not imply that the product or service
is presently available or that INCENTREV endorses that product or service. In
the event that a gift certificate, product or service is listed at an incorrect
price due to a typographical error or error in pricing information received
from a supplier, INCENTREV shall have the right to refuse or cancel any order
placed for such product or service at the incorrect price, even if the order
has been confirmed and/or your credit card has been charged. If your credit
card has already been charged for the purchase and your order is canceled,
INCENTREV shall promptly issue a credit to your credit card account in the
amount of the incorrect price, and notify you of this occurrence.
Auction Regulations and
Usage Requirements
Your registration as an
Auction user and your “bid” indicate an agreement to certain usage
requirements. If you wish to participate, the following regulations/usage
requirements apply:
All notification about your
bidding/payment/item claim is done via email. Please approve
noreply@incentrevauctions.com in your spam filter to receive emails from us.
Once the auction has ended,
you will be sent an email with a payment link. You may also pay by logging in
to the site itself.
You will have 72 hours to
pay for any items you have won. If you fail to pay within 72 hours, the item
may be passed along to the next highest bidder.
All items are picked up at
the station or retailer unless otherwise noted. We do not make arrangements
for shipping and/or mailing of the items.
Product Order Acceptance
Your receipt of an
electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of an offer to sell.
INCENTREV reserves the right at any time after receipt of your order to accept
or decline your order for any reason or for no reason at all. INCENTREV
reserves the right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any product or
service, with notice to you if this should occur, and a credit to your credit
card if applicable.
Lost or Stolen
INCENTREV is not
responsible for lost or stolen gift certificates. Gift certificates will not be
replaced if stolen or redeemed by an unauthorized user, including use as a
result of inaccurate or incomplete delivery information provided by the buyer.
Credit Card Use /
Billing Statement
If you wish to purchase
gift certificates, goods, services or auction items featured on this Website,
you will be asked to supply certain information including credit card
information. By making such a purchase, you agree to pay all charges
(including any applicable shipping, handling and/or sales tax) incurred by
users of your credit card.
Sales Tax
Where applicable, you will
be charged sales tax on your purchase. This will be calculated at check out
and is added to your total purchase price or bid. Even if you are not charged
a tax, you may be responsible to pay a sales (or use) tax to your state of
residence. This will be noted to you at the time of purchase. If it is, you
as the purchaser are responsible for reporting and paying any and all
applicable sales tax or use tax to your state of residence.
Shipping and Handling
Any and all shipping and
handling charges are the sole responsibility of the user, bidder, or buyer of
the gift certificates, goods, services or auction items featured on this
Website. Any and all charges will be disclosed to you prior to your purchase.
Third Party Links
This Website may contain
links to third party websites (each a "Linked Site"). Linked Sites
are offered and provided to you for your convenience. If you use any of the Linked
Sites, you leave this Website; INCENTREV is not responsible for any content,
material, or information located on or accessible from any other website.
INCENTREV does not endorse, guarantee, or make any representations, or
warranties regarding the Linked Sites or the content, materials, or information
located on or accessible from any other Linked Site or third party website. If
you decide to access a Linked Site or a third party website, you do so entirely
at your own risk, and INCENTREV encourages you to read the terms and conditions
and Privacy Policy applicable to the websites.
Privacy
In the course of your use
of the Website, you may be asked to provide certain information to INCENTREV
and the sponsoring media partner. We may use the information you provide about
yourself to fulfill your requests for our Services, assist in transactions, to
respond to your inquiries, and to offer you other products or programs that we
believe may be of interest to you.
INCENTREV’s use of any
information that you provide via the Website shall be governed by our Privacy
Policy available at Privacy Policy. Please review our Privacy
Policy so that you may better understand our information practices and the
choices you can make about the way your information is collected and used by
INCENTREV.
Use of Cookies
INCENTREV uses cookies to
personalize user experience on the Website (e.g. to recognize you by name when
you return to the Website or save your password in password-protected areas), to understand internet usage and to improve
our content, offerings, and advertisements.
You do not have to accept
INCENTREV’s use of cookies and consent can be withdrawn at any time.
INCENTREV’s use of cookies is governed by our Cookie Policy available at
Cookie Policy.
Accuracy of Information
INCENTREV and the
sponsoring media partner attempt to ensure that information on this Website is
complete, accurate, and current. Despite our efforts, the information on the
Website may occasionally be inaccurate, incomplete, or out of date. INCENTREV and
the sponsoring media partner make no warranty as to the completeness, accuracy,
or timeliness of any information on the Website.
Some content contained on
or provided on or through the Website or Services is supplied by third
parties. INCENTREV and the sponsoring media partner neither
endorse nor are responsible for the accuracy, completeness, or usefulness
of the content. INCENTREV and the sponsoring media partner neither endorse nor
are responsible for the accuracy and reliability of any opinion, advice, or
statement made on or through the Website or Services by anyone other than any
authorized INCENTREV or the sponsoring media partner representative.
Representation of Gift
Certificates/Goods/Services for Sale
INCENTREV and the sponsoring media partner has not verified and
make no representation or guarantees as to the description of any goods,
services, or gift certificate sold or offered for sale on the Website. The buyer
assumes all of the responsibility to verify all of the provider’s representations,
warranties and descriptions.
Buyer agrees that all
representations concerning the goods, services, or gift certificates are solely
the responsibility of the seller, whether made on the auction, after the sale,
on this Agreement, or otherwise, and acknowledge and agree that INCENTREV and
sponsoring media partner have made no binding representations whatsoever about
the gift certificates, goods or services on the Website.
INCENTREV offers third
party gift certificates for sale. The certificates are sold at prices less than
the face value of the gift certificate and cannot be redeemed for cash. These
certificates will expire and that expiration date is clearly noted on the
certificate. INCENTREV and sponsoring media partner are not
responsible for the actual available usage or duration of any certificate, or
the policies of the various businesses providing the gift certificates. Please
contact the retailer or service provider directly to confirm restrictions, if
any. INCENTREV and sponsoring media partner are not responsible for any goods or
services purchased with gift certificates. Please contact the retailer or
service provider directly. There are no refunds or returns.
INCENTREV and sponsoring
media partner are not responsible for any business or restaurant that may
close. If you purchased a product, service or gift certificate for a business
or restaurant that closes, INCENTREV and sponsoring media partner are not
obligated in any way to refund your money. However, INCENTREV may, at
INCENTREV’s sole discretion, decide to work with you to provide an even
exchange with another operating business or restaurant that has open and
available inventory on our Website.
Buyer and recipient/user
(if different from Buyer) agree to indemnify and hold INCENTREV and the
sponsoring media partner harmless from any liability, loss, costs, damage or
expense, including attorney’s fees that may arise either directly or indirectly
from the sale and purchase of the goods, services, or gift certificates.
Please see the Section on INDEMNIFICATION.
Additional Terms and
Conditions for Users/Buyers
User/Buyer understands and
agrees that it may not retract any bids to purchase a good, service or gift
certificate via the Website without INCENTREV's express written permission.
By clicking the
"Submit" button and/or any "Make a Bid" button, you, or
someone on behalf of you, are agreeing to all the applicable policies, these Terms
and Conditions, the terms and conditions of any applicable Purchase Terms and
agree that each INCENTREV sale transaction you engage in will be governed by
such terms and conditions. The Terms and Conditions, policies and any Purchase
Terms will be enforceable against you like any written negotiated agreement
signed by you. If you do not agree to these Terms and Conditions, policies
and/or any Purchase Terms, do not click the "I Agree" checkbox or any
“Submit” button.
Buyer further agrees not to
participate in or encourage separate or side deals with sellers. By agreeing
to these Terms and Conditions and utilizing the Website and Services, buyer
agrees not to encourage or participate in any deals pertaining to the goods,
services, or gift certificates listed on the Website outside of those regulated
by INCENTREV.
You represent and warrant
that you have all rights necessary to purchase the goods, services, or gift
certificates for which you submit bids within the Website marketplace, and that
these purchases, as contemplated by this Agreement will not violate any
applicable law, rule or regulation. You will indemnify and hold INCENTREV
harmless against any and all expenses and losses of any kind (including
reasonable attorneys' fees) incurred by them in connection with any breach or
alleged breach of any of the foregoing representations and/or warranties.
BUYER AND/OR SELLER ASSUME
ALL LIABILITY FOR THE GOOD, SERVICE, OR GIFT CERTIFICATE DURING THE TRANSFER OF
POSSESSION OF THE GOOD, SERVICE, OR GIFT CERTIFICATE, INCLUDING, BUT NOT
LIMITED TO, THE TRANSFER OF THE GOOD, SERVICE, OR GIFT CERTIFICATE FROM THE
SELLER TO THE BUYER. ONCE THE ITEM HAS BEEN PICKED UP BY THE BUYER AND IS IN
THE POSSESSION OF THE BUYER, LIABILTY WILL THEN TRANSFER TO THE BUYER FROM THE
SELLER AND THE BUYER WILL BE RESPONSBILE FOR THE GOOD, SERVICE, OR GIFT
CERTIFICATE. AT NO TIME DURING THE TRANSFER OF OWNERSHIP AND POSSESSION OF THE
GOOD, SERVICE, OR GIFT CERTIFICATE, SHALL INCENTREV BE HELD LIABLE.
Intellectual Property
Rights
This Website contains
material that is protected by United States copyright, trademark, trade secret,
and other intellectual property laws, and by international treaty provisions.
All rights not specifically granted to you herein are reserved to INCENTREV and
to any third party with ownership rights in this Website.
You acknowledge and agree
that the Website and Services contain proprietary and confidential information,
including without limitation, all website design, text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilation, sound,
software, and other related content. INCENTREV and the sponsoring media
partner (as applicable) own all trademarks used in connection with the Website,
and no license to use any such trademarks is provided hereunder. The look and
feel of the Website, including without limitation its color combinations,
logos, button shapes, and other graphical elements, also are INCENTREV or
sponsoring media partner trademarks. You further acknowledge and agree that the
selection, arrangement, and use are the exclusive property of INCENTREV, its
licensors, or third party owners and may be protected by state, national, and
international intellectual property and other laws. All rights are reserved to
their respective intellectual property owners. INCENTREV and the sponsoring media partner (as applicable), and
their licensors, enforce proprietary interests to the fullest extent permitted
under the law and shall seek civil and criminal remedies where appropriate.
The materials found on the
Website are protected by United States and other copyright laws, except for
works of the United States Government pursuant to 1 U.S.C. Section 105. The
selection, arrangement and presentation of all materials (including information
in the public domain), and the overall design of the Website are copyright ©
November 01, 2006, incentRev, Inc. Permission is granted to view and print
materials from this Website for the non-commercial purpose of viewing, reading
and retaining for reference. Any other copying, distribution, retransmission or
modification of information or materials on this Website, whether in electronic
or hard copy form, without the express prior written permission of IS
Consulting, Inc., is strictly prohibited.
Any other use of materials
on this Website, including without limitation, reproduction, modification,
distribution, replication, commercial or other exploitation, or creation of
derivative works, without the prior written permission of INCENTREV and the
sponsoring media partner (as applicable) is unauthorized.
You may not remove any
proprietary notice of INCENTREV or any other party from the Website. All
logos, page headers, custom graphics, and icons are service marks, trademarks,
and/or copyrighted works of INCENTREV and the sponsoring media partner (as
applicable) and their licensors. All other trademarks, service marks, product
names, and company names or logos that appear on the Website are the property
of their respective owners.
Monitoring
INCENTREV has no obligation
whatsoever to monitor any of the content on the Website. However, you
acknowledge and agree that INCENTREV has the absolute right to monitor at our
sole discretion. In addition, INCENTREV reserves the right to alter, edit,
refuse to post, or remove any content, in whole or in part, for any reason and
to disclose materials and the circumstances surrounding their transmission to
any third party to satisfy any applicable law, regulation, legal process, or
governmental or administrative request and to protect ourselves and our
clients, sponsors, users, and visitors.
Disclaimers
INCENTREV is providing this
Website and its contents and the Services, information, and products provided
on or through this Website or any Linked Site on an "as is" and
"as available" basis, without any warranties of any kind, either
express, implied, or statutory, including without limitation, warranties of
title, infringement, merchantability, or fitness for a particular purpose,
UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Further,
INCENTREV makes no representations or warranties of any kind as to an
uninterrupted, error-free, or secure use of this Website, including without
limitation, that the Website will operate; that defects on this Website will be
corrected; that any of the information, content, materials, or products
included or listed on this Website are accurate, reliable, or complete; or that
any software, services, sites, or servers on which the services and sites are
hosted are free of viruses or other harmful components. INCENTREV expressly
disclaims ALL REPRESENTATIONS and warranties, including without limitation all
warranties of merchantability, accuracy, timeliness, completeness, fitness for
a particular purpose, and non-infringement. INCENTREV does not warrant that the
Website, files, information, or products available on the Website will be free
from corrupted data, computer viruses, or similar destructive or contaminating
code. No oral or written statements by INCENTREV will create any warranty not
expressly set forth herein. Use of this Website and any Linked Site is at your
sole risk.
INCENTREV and the
sponsoring media partner are not responsible for any product or service sold on
or through this Website or any claims of quality or performance made on or
through this Website or any Linked Site. You are advised that other websites
on the Internet, including without limitation Linked Sites, might contain
material or information that some people may find offensive or inappropriate;
that is inaccurate, untrue, misleading or deceptive; or that is defamatory,
libelous, infringing of others' rights, or otherwise unlawful. INCENTREV and
the sponsoring media partner expressly disclaim any responsibility for the
content, legality, decency, or accuracy of any information, products, or
services that appear on this Website, any Linked Site, or any other website.
INCENTREV and the
sponsoring media partner do not endorse, recommend, or sponsor and is not
affiliated with any individuals or entities that appear or are linked to this
Website, unless that fact is expressly stated.
Limitation of Liability
INCENTREV, INC. AND THE
SPONSORING MEDIA PARTNER AND ANY AND ALL OF THEIR
AFFILIATES, SUBSIDIARIES, SUB-DOMAINS AND ANY PERSON OR ENTITY THAT DIRECTLY OR
INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF INCENTREV,
INC., OR THE SPONSORING MEDIA PARTNER, WHETHER BY OWNERSHIP MEANS OR OTHERWISE,
(COLLECTIVELY, “INCENTREV” IN THIS SECTION) SHALL NOT UNDER ANY CIRCUMSTANCES
BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR
DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, WITHOUT
LIMITATION: (i) THE USE OF OR INABILITY TO USE THIS WEBSITE; (ii) ANY CONTENT
CONTAINED ON THE WEBSITE, LINKED SITES, SERVICES, AND/OR INFORMATION CONTAINED
THEREIN; (iii) INFORMATION, STATEMENTS, OR CONDUCT POSTED OR OTHERWISE
CONTAINED ON THE WEBSITE THAT IS INCORRECT OR INACCURATE; (iv) INFORMATION,
STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) UNAUTHORIZED
ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA, NETWORK ID, OR USER
ACCOUNT INFORMATION; (vi) ITS POSITION AS THE PROVIDER OF THE WEBSITE, WHICH IS
NOT AS A PUBLISHER OF INFORMATION; (vii) ANY PRODUCT, SERVICE, OR INFORMATION
OBTAINED ON OR THROUGH THE WEBSITE; (viii) ANY ACTION TAKEN IN RESPONSE TO OR
AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (ix)
ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE
TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (x)
ANY OTHER MATTER RELATING TO THIS WEBSITE, ANY LINKED SITE, OR SERVICES. THIS
IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY
KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST
OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT
LIABILITY, OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF DAMAGES.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN INCENTREV AND THE USER. PRODUCTS, INFORMATION,
AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT
THESE LIMITATIONS. AS LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF
CERTAIN DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN
SUCH STATES.
Notwithstanding the
foregoing, in no event shall INCENTREV's or the sponsoring media partner’s total
liability to you for any reason, damages, losses, or causes of action exceed
the amount paid by you, if any, for using the Website and any of its
information, products, or services.
Indemnification
Upon request by INCENTREV and/or
the sponsoring media partner, you agree to indemnify, defend, and hold harmless
INCENTREV and the sponsoring media partner from and against any and all claims,
demands, causes of action, losses, expenses, damages, and costs, including
without limitation any reasonable attorneys' fees, resulting from, arising out
of, or relating to your use of or conduct on the Website, any activity,
information, or material that you submit to, post on, or transmit on or through
the Website; any activity, information, or material related to your user
account; your violation or breach of these Terms and Conditions; your
infringement or breach of these Terms and Conditions; your infringement or
violation of any rights of another; or termination of your access to this
Website, and/or user account.
Your indemnification
obligation shall survive the termination of this Agreement. At our expense and
election, we reserve the right to assume the exclusive defense and control of
any matter subject to indemnification by you and you agree to cooperate with
INCENTREV and the sponsoring media partner in connection with our defense.
No Agency
You and INCENTREV are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
Access from Outside North
America
INCENTREV controls and
operates the Website from its office in the United States. We make no
representations that the Website, including without limitation, any materials, products
or services available on, from, or through the Website, are appropriate or
available for use in other locations outside of the United States. In any
event, the Website and the Services are intended for users based in the United
States only. You acknowledge and agree that you will not access the Website
from any territory in which its contents are illegal. Users of the Website
outside of the United States do so at their own risk and individually and
entirely bear the responsibility for compliance with local laws, if and to the
extent local laws are applicable.
You agree to comply with
all applicable laws, rules and regulations in connection with your use of the
Website and acknowledge that if you access the Website from outside of the
United States, information that you provide to us will be transferred to servers in the United States
and maintained indefinitely, which may involve the transfer of information out
of countries located in the European Economic Area. By allowing INCENTREV to
collect information about you, all users, including without limitation users in
Canada and the European Union, fully understand and unambiguously consent to
the collection, such transfer and processing of your data as described in the
Privacy Policy.
Applicable Law;
Jurisdiction
The Terms and Conditions
shall be governed by and construed in accordance with the laws of the State of
Ohio without regard to choice of law rules. Each user agrees to submit to
personal jurisdiction in the State of Ohio and further agrees that any cause of
action arising from or relating to the use of this Website or the Terms and
Conditions shall be brought exclusively in federal or state courts in Ohio.
General Arbitration
Policy
Pursuant to this Agreement,
and with the prior agreement of INCENTREV and/or the sponsoring media partner,
any claim, dispute, or controversy arising or concerning this Website and/or
the performance or interpretation of this Agreement shall be submitted to
binding arbitration. Arbitration shall be conducted in the United States in such
forum and pursuant to such rules as the parties agree upon, and failing
agreement shall be conducted by one arbitrator in the state and county in which
INCENTREV and/or the sponsoring media partner is located who is knowledgeable
about wholesaling, retailing and purchasing and sale of consumer note and
installment note contacts, pursuant to the commercial arbitration rules of the
American Arbitration Association that are in effect on the date of the notice
to arbitrate. Discovery shall be allowed in such proceeding according to the
federal rules of civil procedure and the decision of the arbitrator shall
contain findings of fact and conclusions of law. Any decision rendered in such
an arbitration proceeding shall be final, binding and conclusive upon all
parties involved as well as any award of the arbitrator. This provision shall
be specifically enforced by a court of competent jurisdiction.
Waiver
A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, shall not waive such term or condition or any subsequent breach
thereof.
Severability
If any term or provision of
these Terms and Conditions shall be deemed unlawful, void, or for any reason,
unenforceable by a court of competent jurisdiction, that term or provision
shall be construed to reflect the parties' original intent, and the validity
and enforceability of any remaining provisions shall not be affected.
Entire Agreement
The Terms and Conditions
constitute the entire and only agreement between INCENTREV and each user of
this Website and supercedes any and all prior or contemporaneous agreements,
representations, warranties, and understandings, written or oral, with respect
to the subject matter of this Agreement. You agree to review this Agreement
prior to your use of this Website.
Changes to Terms of Use
Agreement and Other Policies
This information was last
updated on October 25th, 2019. INCENTREV may, in its sole
discretion, amend the Terms and Conditions from time to time. Please check the
Terms and Conditions periodically for changes.
INCENTREV may also make
changes to our Privacy Policy and Cookie Policy from time to time, so please
also check these regularly to see whether any changes have been made.
Termination
This Agreement and the
applicability of the Terms and Conditions shall remain effective, unless and
until terminated by either you or INCENTREV in accordance with the Terms and
Conditions. You acknowledge and agree that INCENTREV, in its sole discretion,
may terminate or suspend your user account (in whole or in part), or use of the
Website and/or Services and remove and discard any content within the Website,
at any time and for any reason, with or without notice. INCENTREV also may
terminate or suspend this Agreement, at any time, without notice, and
accordingly deny you access to the Website, if, in INCENTREV's sole discretion,
you fail to comply with any of the identified Terms and Conditions or any
applicable law or are harmful to the interests of another user or INCENTREV.
Upon any termination of the Agreement by either you or us, you agree to
promptly destroy all materials downloaded or otherwise obtained from this Website,
as well as all copies of such materials, whether made under the terms of use or
otherwise. You acknowledge and agree that any actions taken under this Section
may be effective without prior notice to you. In the event of termination,
however, Sections of this Agreement that provide for continuing obligations on
your part, shall survive indefinitely.
Miscellaneous
The failure of INCENTREV to
insist upon strict adherence to any term of this Agreement shall not constitute
a waiver of any term and shall not be considered a waiver or limit INCENTREV's
right thereafter to insist upon strict adherence to that term or any other term
of this Agreement. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising from or relating to use of this
Website or this Agreement must be filed within one (1) year after such claim or
cause of action arose, or it will be forever barred. The
"Disclaimers," "Limitation of Liability," and
"Indemnification" provisions of this Agreement are for the benefit of
INCENTREV, and INCENTREV shall have the right to assert and enforce these
provisions directly against you on its own behalf.
Additional Assistance
If you have any questions
or concerns about the INCENTREV, Inc. Terms and Conditions or its
implementation please contact us via email at info@incentrev.com or at the
following address:
incentRev, Inc.
780 Johnson Ferry Rd NE
Suite 500
Atlanta, GA 30342
www.incentrev.com
UTILIZATION OF THE WEBSITE SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE OUR WEBSITE.