Terms of Use Agreement
(Last updated on June 27, 2007)
This Terms of Use Agreement sets forth the standards of use of the MyVIPSavings.com
Online Service. By using the MyVIPSavings.com website you (the “Member”)
agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective
immediately upon being posted at MyVIPSavings.com website. Your
continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
MyVIPSavings.com is providing Member with MyVIPSavings.com.
Member must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by MyVIPSavings.com on an “as is”
and on an “as available” basis. To the fullest extent permitted
by applicable law, MyVIPSavings.com makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise. MyVIPSavings.com
shall have no liability for any interruptions in the use of this Website.
MyVIPSavings.com disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
[Insert Name of Company] SHALL NOT be liable for any damages whatsoever, and in
particular [Insert Name of Company] shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if [Insert Name of Company] has been advised
of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold MyVIPSavings.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due
to or arising out of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member’s computer,
of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
MyVIPSavings.com reserves the right to modify or discontinue the Service
with or without notice to the Member. MyVIPSavings.com shall not be
liable to Member or any third party should MyVIPSavings.com exercise
its right to modify or discontinue the Service. Member acknowledges and accepts
that MyVIPSavings.com does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or webmaster
for those third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of third-parties’
sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While MyVIPSavings.com
makes every effort to ensure that the information on this website is accurate, we
can make no representations or warranties as to the accuracy or reliability of any
information provided on this website.
MyVIPSavings.com makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
8. Governing Jurisdiction of the Courts of Texas
Our website is operated and provided in the State of Texas. As such, we are
subject to the laws of the State of Texas, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State of Texas.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international law or
regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005 MyVIPSavings.com,
with all rights reserved, or is the property of MyVIPSavings.com and/or
third parties protected by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior written permission
of an authorized officer of MyVIPSavings.com is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of MyVIPSavings.com.
MyVIPSavings.com ™ and MyVIPSavings.com ™
are proprietary marks of MyVIPSavings.com. MyVIPSavings.com’s
trademarks may not be used in connection with any product or service that is not
provided by MyVIPSavings.com, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits MyVIPSavings.com.
All other trademarks displayed on MyVIPSavings.com’s website
are the trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors. In addition, such use of trademarks
or links to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with MyVIPSavings.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, MyVIPSavings.com designates the following
individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
6 Collinway Place
Dallas, TX 75230
By Telephone: 972-726-9595
By Email: info@myvipsavings.com
12. Botnets
MyVIPSavings.com retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, MyVIPSavings.com reserves
the right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by MyVIPSavings.com, in our sole
discretion, to a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not be superseded by,
any other written agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement.