Terms of Use

/Terms of Use
Terms of Use2018-01-25T21:10:35+00:00

Terms of Use

Promotion Activators Management, LLC (collectively with its affiliates, “Promotion Activators” “we”, “us”, or “our”), welcomes you to this website (“Site”). Use of the Site is subject to the following Terms of Use (“Terms”), and our PromotionActivators.com/privacy-policy/. Except as otherwise specified herein, references to the “Site” include any and all Content (as such term is defined below) and other services, features and functionality available on or through the Site.

Acceptance of Terms of Use

By accessing, using or browsing the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including, without limitation, the PromotionActivators.com/privacy-policy/ which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, use or browse the Site.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO THESE TERMS, PROMOTION ACTIVATORS’ PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” date at the bottom of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.

Promotion Activators may make changes to the Site, including, without limitation, Content, services or features of the Site at any time. You understand and agree that Promotion Activators may discontinue or restrict your use of all or any part of the Site at any time for any reason or no reason and with or without notice.

If you accept or agree to these Terms on behalf of a company, legal entity, association, partnership or other entity, you represent and warrant that you have the authority to bind that Company to these Terms and, in such event, “you”, “your” or “user” will refer and apply to that Company. Even if you are accessing or using the Site on behalf of a Company, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.

Privacy Policy

Please review the PromotionActivators.com/privacy-policy/ for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access or use the Site.

Permitted Uses

The Site is made available for your personal use to obtain information regarding the services offered by Promotion Activators. In addition, you agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law.

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Promotion Activators does not represent that the Site is appropriate outside the United States of America. Promotion Activators reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.

In consideration of your use of the Site, you represent that you are of an age to form a legal binding contract and you are not prohibited from accessing or using the Site under the laws of the United States or any other applicable jurisdiction.

The Site and its Content are directed to persons 18 years of age or older. Promotion Activators and the Site do not knowingly collect information from children under age 18. If you are under age 18, you are not permitted to use the Site (including, without limitation, to submit any personally identifiable information to the Site). If you provide information to Promotion Activators through the Site, you represent that you are 18 years of age or older.

Special terms may apply to some services, features or products offered on or through the Site, or when you register, enroll or participate in any events, promotions, sweepstakes, surveys, questionnaires, or other activities sponsored by Promotion Activators (collectively, “Activities”) that may be offered on the Site. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules.

Proprietary Rights

You acknowledge and agree that, as between Promotion Activators and you, all right, title, and interest in and to the Site, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Promotion Activators, its subsidiaries, affiliates, licensors, related entities other content providers, and are protected by United States intellectual property and other applicable laws.

You acknowledge and agree that as between Promotion Activators and you, all content available on or through the Site including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the “Content”), other than the brands of any of Promotion Activators’ clients listed on the site, shall remain the exclusive property of Promotion Activators and Promotion Activators shall retain all rights with respect to same, including, the sole right to implement, use, publish and/or publicly disseminate the Content. You agree that you will not use any Content other than as directed by Promotion Activators, without Promotion Activators’ prior written consent.

Copyright

All Content is the copyright and property of Promotion Activators, its subsidiaries, affiliates, licensors, related entities or its content providers and is protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Promotion Activators in writing.

Trademarks

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site is proprietary to Promotion Activators, its subsidiaries, affiliates, licensors, related entities, its content providers or clients. Third party trademarks referenced on the Site do not constitute or imply affiliation with, endorsement, or recommendation of Promotion Activators by the respective trademark owners.

Account Password and Security

The Site may now or in the future contain some features and areas that require registration and creation of an account with an account ID and password (collectively, “Registered Area”). You agree to provide only accurate and truthful information in creating or maintaining an account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. When you register for a Registered Area and each time you access your account, you agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Promotion Activators of any unauthorized use of your password or account or any other breach of security. Promotion Activators reserves the right to delete, modify or remove any content on any account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified or removed from the account. Promotion Activators is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with these Terms.

Links to Other Websites

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked websites are not under the control of Promotion Activators which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply Promotion Activators’ endorsement of information, material, products or services of any other party or any other website. Promotion Activators disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Promotion Activators is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.

Modifications, Suspension and Termination

Promotion Activators reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, including, without limitation, the Content or any portion thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that Promotion Activators shall not be liable to you or any third party for any such suspension, discontinuance or termination.

Your Indemnity of Promotion Activators

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROMOTION ACTIVATORS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, FROM AND AGAINST ANY DAMAGE, LOSS, LIABILITY, CLAIM, OBLIGATION, DEMAND, ACTIONS, SUITS, COSTS AND EXPENSE (INCLUDING WITHOUT LIMITATION ALL REASONABLE ATTORNEYS’ FEES AND EXPERT’S FEES AND EXPENSES, AND ALL OTHER EXPENSES OF INVESTIGATION AND DEFENSE), JUDGMENTS OR AWARDS OF ANY KIND OR NATURE (COLLECTIVELY, “LOSSES”) MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING: (A) YOUR ACCESS TO OR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT OR ANY PORTION THEREOF; (B) YOUR PARTICIPATION IN ANY ACTIVITIES; (C) YOUR SUBMISSION(S) OR ANY MATERIALS OR CONTENT YOU SUBMIT OR TRANSMIT TO THE SITE OR TO PROMOTION ACTIVATORS; AND/OR (D) YOUR VIOLATION OF THESE TERMS, OR OTHER GUIDELINES OF THE SITE, ANY APPLICABLE LAWS, OR THE RIGHTS OF PROMOTION ACTIVATORS OR ANY THIRD PARTY.

Disclaimers and Limitation of Liability

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND ANY PORTION THEREOF, IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROMOTION ACTIVATORS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, OR ANY PORTION THEREOF. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, AND ANY PORTION THEREOF, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY PROMOTION ACTIVATORS OF THE SAFETY, SUITABILITY, FUNCTIONALITY OR USEFULNESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, OR ANY PORTION THEREOF. PROMOTION ACTIVATORS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, PROMOTION ACTIVATORS DISCLAIMS ALL LIABILITY AND OBLIGATION AND SHALL NOT HAVE ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS OR ANY INTERRUPTION OF BUSINESS) WHETHER SUCH CLAIM OR ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE, EVEN IF PROMOTION ACTIVATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, WHICH IN ANY MANNER, DIRECTLY OR INDIRECTLY, ARISES OUT OF OR RELATES TO OR IS IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE YOU AGREE THAT THE SOLE AND TOTAL LIABILITY OF PROMOTION ACTIVATORS SHALL BE LIMITED, IN THE AGGREGATE, TO ONE HUNDRED DOLLARS ($100). THE PARTIES EACH FURTHER AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES AND IN CONSIDERATION FOR THE SITE.

Exclusions and Limitations

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

Governing Law and Disputes

These Terms, your use of the Site, including, without limitation, the Content, and any transactions conducted thereby, is governed by the law of the State of Illinois, without giving effect to its or any other jurisdiction’s conflict of law provisions, provided that all matters relating to arbitration, shall be governed by the Federal Arbitration Act.

Any controversy or claim arising out of or relating to these Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.

You and Promotion Activators agree that any arbitration shall be limited to the dispute between Promotion Activators and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and Promotion Activators agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Promotion Activators’ intellectual property rights or confidential information; (2) any dispute related, or arising from, allegations of invasion of privacy or unauthorized use; (3) any dispute concerning the parties’ agreement to arbitrate their disputes hereunder; and (4) any claim for injunctive relief.

For any dispute not subject to arbitration, or where no election to arbitrate has been made, you agree to submit to the personal and exclusive jurisdiction of the federal or state courts located in Chicago, Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

Class Action Waiver

To the extent permitted by applicable law, any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action (“Class Action Waiver”). Regardless of anything else in the arbitration provision set forth above, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. Promotion Activators and you acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the Promotion Activators’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. PROMOTION ACTIVATORS AND YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.

General Provisions

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent allowed by law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Promotion Activators’ failure to act with respect to any failure by you or others to comply with these Terms does not waive Promotion Activators’ right to act with respect to subsequent or similar failures. These Terms may not be amended by ant course of dealing, usage or trade practice. A Failure in the performance of the site, including, without limitation, the content, or any portion thereof, cannot be imputed to Promotion Activators if such failure arises by reason of an event of force majeure, such as labor strikes, floods, earthquakes, war, terrorism, or unforeseen acts of god or any other cause, either similar or dissimilar to the foregoing, which is beyond promotion activators’ reasonable control and promotion activators shall not be deemed to be in breach in its performance of an obligation under these terms to the extent that such performance is temporarily prevented or delayed as a result of such an event. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Promotion Activators with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms, or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Promotion Activators, and any assignment or transfer in violation of this provision shall be null and void. Promotion Activators reserves the right to seek all remedies available at law and in equity for violations of these Terms, or any other special terms or rules set forth on the Site, including, without limitation, the right to block access from a particular internet address.

Last Revised: June 6, 2016