Effective Date: November 4th, 2015
MyCommunity.Marketing website (the “Site”) is a service of My Community Marketing and Fundraising (“My Community,” “us”, “we”, or “our”). The Site provides information about deals, discounts, and sales opportunities (My Community’s “Offerings”) that can be purchased from the Site’s retail partners by the Site’s users in the United States. All users of the Site are subject to these MyCommunity.Marketing Terms of Use (“Terms of Use”).
Please read these Terms of Use carefully before accessing, using, or registering with this Site. By accessing, using, or registering with this Site, you acknowledge that you have read and understand, and agree to be bound by, these Terms of Use (as amended from time to time), and the MyCommunmity.Marketing Privacy Policy, which are hereby incorporated herein into these Terms of Use.
My Community reserves the right to revise and update these Terms of Use at any time, without notice to you, by posting the amended Terms of Use to this Site. If My Community revises the Terms of Use, it will also revise the “Effective Date” at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site’s web pages or in the Site’s menu. Your continued entry to and/or use of the Site after My Community posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use. If you do not agree to the Terms of Use (without modification), you are not authorized to access or use the Site.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTIES AND IS SUBJECT TO LIMITATIONS ON MY COMMUNITY’S LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 6 AND 7 BELOW.
1. Use of the My Community Web Site
1.1 License. Conditioned upon, and subject to, your strict compliance with the Terms of Use, My Community grants you a non-exclusive, non-transferable, limited license to enter and use the Site for the purposes of searching and viewing information about My Community and its Offerings, for ordering Offerings, and for other purposes expressly permitted by My Community. You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Site.
1.2 Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.
1.3 Use of Content. “Content” means all materials, information, opinions, software, text, displays, images and/or audio displayed or transmitted on the Site. Except as provided in this Section 1.3, you may not (and you agree that you will not) reproduce, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any Content on the Site without the prior written consent of My Community, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You are authorized to use Content only for personal use or legitimate business purposes related to your role as a current or prospective customer or retail partner of My Community.
1.4 Restrictions. You agree not to, without first obtaining My Community’s express written permission, (a) use any of its trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of Site in frames (or any Content via in-line links). Except as expressly authorized by My Community in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any party of this Site, (b) access to this Site, or (c) use of this Site or of any services or materials available through this Site. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site. You further agree not to do any of the following:
2. Intellectual Property
2.1 Copyright Restrictions/Use of Content. Except for Content that is in the public domain, the Site and all original Content, as well as the design, selection, and arrangement thereof, are proprietary to My Community or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other property rights.
2.2 No Transfer of Rights. Neither the title nor any intellectual property rights to any Content are transferred to you, but remain with My Community or the applicable owner of such Content.
2.3 Trademarks. The terms My Community and Smart Bargains and other marks and all related names, logos, product and service names, designs and slogans are trademarks of My Community. You may not use such marks without prior written permission from My Community.
3. Online Purchases. All purchases from the Site are governed by the Terms of Sale, which are hereby incorporated into these Terms of Use.
4. Dealings With Merchants. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Site, you acknowledge and agree that My Community is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that My Community will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Site.
5. Termination and Suspension. My Community may, in its sole discretion, termination or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason at all), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and My Community gives you express notice thereof.
6. Disclaimer of Warranties. My Community does not assume any liability for the Content on the Site. Reliance on the Content is solely at your own risk. My Community disclaims any liability for injury or damages resulting from the use of any Content.
THE SITE, CONTENT AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. You expressly acknowledge and agree that your use of the Site (including, without limitation, the Content) is at your sole risk. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES (A) OF MERCHANTABILITY, REASONABLE CARE, SECURITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WITH RESPECT TO THE SITE, (B) REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AVAILABILITY OR PERFORMANCE OF THE SITE OR ANY FEATURE THEREOF, (C) AS TO WHETHER THE SITE SHALL MEET YOUR REQUIREMENTS, OR IS, OR SHALL BE, UNINTERRUPTED OR ERROR FREE, (D) AS TO WHETHER ANY DEFECTS IN THE SITE WILL BE CORRECTED, AND/OR (E) THAT THE FOCUS PRODUCTS; SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES AND/OR REPRESENTATIONS.
WE FURTHER DISCLAIM ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, CONTENT AND OFFERINGS SOLD ON THE SITE.
SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitations of Liability. IN NO EVENT SHALL MY COMMUNITY BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, OR CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF MY COMMUNITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall My Community’s total liability to you for all damages exceed the greater of (a) $10.00, or (b) the sum of any payments made by you to My Community in the single (1) month preceding any claim raised by you.
8. Modifications to the Site. For the avoidance of doubt, My Community may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Content, at any time for any reason (or for no reason) and without notice or liability.
9. Indemnification. You agree to indemnify and hold harmless My Community and its officers, directors, employees, agents, affiliates, third party retail partners, and others involved in the Site or the delivery of products, services or information over the Site (collectively, “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parites in connection with any claim arising out of (a) your entry and/or use of the Site or any products, services, or information obtained from this Site, and/or (b) any breach, or alleged breach, of the Terms of Use by you.
10. Privacy. My Community’s use of your personally identifiable information and your responsibilities in connection with protecting your privacy are described in the MyCommunity.Marketing Privacy Policy, which is incorporated by reference into these Terms of Use.
11. Compliance. The owner of this Site is based in the state of Missouri, USA. My Community makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.
12. Contact. Please contact 314-941-3941 or mike@mycommunity.marketing if you become aware of any Content that may infringe the rights of a third party.
13. Governing Law and Jurisdiction. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of law principles. You consent to exclusive jurisdiction and venue in the federal courts sitting in St. Louis, Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Terms of Use must commence within one (1) year after the cause of action arises; otherwise such cause of action shall be permanently barred.
14. Miscellaneous. These Terms of Use constitute the complete and final agreement and understanding between you and us with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous agreements, negotiations, and understandings between the parties, both oral and written, with respect to the subject matter hereof. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. My Community may provide notice to you relating to the Terms of Use by posting a notice on the Site, and any such notice shall be deemed given and received on the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. My Community’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and My Community nor any trade practices shall be deemed to modify these Terms of Use. If My Community brings any suit against you to enforce the Terms of Use or otherwise in connection with your use and/or entry of the Site, you agree that if My Community prevails in such suit, My Community shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use.
If you have any questions about these Terms of Use, please contact us at mike@mycommunity.marketing.