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Effective
Date: January 12,2010.
Welcome to the Choose-Stuff.comWeb site (hereinafter the
"Site"), operated by Net Radiance ("Company").
The following terms and conditions, the Privacy Policy and
any other policies, notices, rules or guidelines posted
on the Site shall govern your use of the Site and your participation
in the Program. Because this terms and conditions document
(the "Terms and Conditions") constitutes a legal
agreement between you and the Company, please read them
carefully. Capitalized terms not defined in the text are
defined in the section entitled "Definitions"
at the end of these Terms and Conditions.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply
with, these Terms and Conditions. You also agree to comply
with any guidelines or rules posted on the Site, and all
such guidelines and rules are hereby incorporated by reference
into these Terms and Conditions. If you are dissatisfied
with this Site, its content or the Terms and Conditions,
you agree that your sole and exclusive remedy is to discontinue
using this Site and to cancel your participation in the
Program.
PLEASE NOTE: We reserve the right, in our sole discretion,
to change, modify or otherwise alter these Terms and Conditions
at any time. Unless otherwise indicated, amendments will
become effective on the earlier of (i) the date such amendment
was posted to the Site, or (ii) at the earliest date permitted
under applicable law (the "Effective Date"). Please
review these Terms and Conditions regularly. Your continued
use of the Site or the Program following the Effective Date
of any amendment will constitute your acceptance of the
amended Terms and Conditions. For your information, this
page was last updated as of the date set forth at the top
of these Terms and Conditions.
2. PRIVACY
Please review our Privacy Policy, which also governs your
visit to this Site, to understand our practices relating
to the collection and use of personal information.
3. ELIGIBILITY FOR PARTICIPATION
To be eligible to participate in the Program, you must be
at least 18 years of age at the time of registration and
reside in the United States. Employees of the Company and
persons related to or residing in the same household of
such employees are not eligible to become Members. Corporations
or other business entities are not eligible to participate.
Only one gift is permitted from Net Radiance per person
and/or household for one year after your registration date.
B. To be eligible to receive a Gift or assist a friend in
receiving a Gift through a Refer-a-Friend offer, you must:
(i) establish and maintain an account on the Site registered
to a valid, unique e-mail address belonging only to the
individual identified in the registration information; (ii)
provide valid and truthful information as requested by the
Company or a participating Sponsor, including your full
legal name, postal address of your principal residence,
land line or mobile telephone number and valid email address;
(iii) agree to receive solicitations, marketing materials
and other communications from us and Sponsors via e-mail,
telemarketing, direct marketing, mobile marketing and any
other method; (iv) have cookies enabled; (v) provide the
address of your principal residence as a shipping address;
and (vi) comply with each of the provisions of these Terms
and Conditions.
4. PROGRAM REQUIREMENTS / RULES OF PARTICIPATION
To qualify for your Gift or assist a friend in qualifying
for a Gift through a Refer-a-Friend offer (as defined below)
in
this Program, you must complete the following steps and
your account must not have been terminated pursuant to
Section 5:
A. Registration
Access the registration form on the Site and enter and submit
all requested information. Do not enter a P.O. Box for your
mailing address. We will not ship any promotional item to
a P.O. Box. You also may be offered the opportunity to answer
a series of survey questions about your interests and/or
request more information from our marketing partners.
B.
Complete Sponsor Offers (and comply with the Cancellation
Limitation)
For this promotion, Free Diapers, you must complete a total
of 10 offers as follows: Page 1 (Silver) - complete any
2 offers; Page 2 (Gold) - complete any 2 offers; Page 3
(Platinum) - complete any 6 offers to get your gift.
To "complete" each Sponsor Offer, you must complete
the exact number of Sponsor Offer Requirements as indicated
on the Site, the Sponsor must report to us that you have
successfully completed their offer (Sponsor notification
typically takes 4 weeks), and you must not exceed the Cancellation
Limitation set forth below.
Examples of Sponsor Offers include, without limitation,
trial offers, credit cards, product offers, service offers,
other low-cost or commercial Offers, and Refer-a-Friend
Offers. Some Offers require a purchase to be made, while
others are free trials that convert to paying obligations
if not canceled or free applications that do not require
an initial purchase.
You must complete the required number of Sponsor Offers
within 60 days following the Program Sign-up Date, and all
the steps in the Program Requirements (including the mailing-in
of your Gift Redemption Voucher) must be completed within
180 days of your Program Sign-up Date. To remain eligible
and qualify for program offers, you must use the same personal
contact information that you provided during registration
when making purchases.
The number and category of Sponsor Offers available for
you changes on a periodic basis as new Sponsors come in
to the Site and older Sponsors expire. You should check
back periodically after the Program Sign-up Date for new
Sponsor Offer opportunities by visiting your "Gift
Status" section under your "Member Account".
We rely on each Sponsor to provide us with timely reporting
and confirmation of your successful completion of their
Sponsor Offer. You must save all receipts, order confirmation,
records and materials that show your transaction history
with each Sponsor Offer. You may be asked for copies of
receipts, order confirmations and other relevant documents
in the Gift Redemption process to verify your transactions
with Sponsors and failure to produce the required documents
for a Sponsor Offer when requested may result in you not
receiving completion credit for that Sponsor Offer. In addition,
we reserve the right to request proof of identity such as
a copy of your driver's license, passport or other government
issued identification.
CANCELLATION LIMITATION: You will not be eligible to receive
a Gift in this Promotion if, within 6 days of your Sponsor
Offer Initial Transaction Date, you cancel your participation
in more than two Sponsor Offers you have completed as a
part of the Program Requirements. If you were invited by
a Refer-a-Friend Offer, you can't cancel your participation
in any Sponsor Offers within 6 days of your Sponsor Offer
Initial Transaction Date (the "Cancellation Limitation").
C. Refer-a-Friend Offers
If presented with Refer-a-Friend offers, you may choose
to invite friend(s) who must complete the required number
of Sponsor Offers as stated in the Refer-a-Friend email
sent to your friend(s) which in turn will generate a Sponsor
Offer completion towards your Gift. Refer-a-Friend Offers
may require multiple friends to complete the required number
of Sponsor Offers in order to generate a Sponsor Offer completion
as stated on the Silver, Gold, and Platinum Refer-a-Friend
Offer pages.
Friends you refer must register using the link provided
in the Refer-a-Friend email delivered to them. Please note
the Refer-a-Friend email sent to friends must comply with
the CAN SPAM ACT of 2003. Your friend's name, address and
email address must be different than yours, although your
friend(s) may use an email address that is not the same
as that initially provided by you.
Qualified Friends must:
a.) abide by these Terms and Conditions when registering
on this site;
b.) register with a valid residential address;
c.) have only been invited once by you from either the Silver,
Gold, or Platinum Sponsor Offer pages;
d.) not have previously generated Refer-a-Friend Offer completions
for a friend on this web site;
e.) satisfy the required number of Sponsor Offers, as shown
on the Refer-a-Friend Offer pages and in the Refer-A-Friend
email sent to your friend(s), within sixty (60) days of
your registration date; and
f.) not cancel participation in Sponsor Offers within 6
days of Friend(s) Sponsor Offer Initial Transaction Date(s).
D. Gift Redemption
Check
the "Gift Status" section of your Member Account
information on the Site on a regular basis so that you'll
be able to see your progress as various Sponsors report
back to us with your completion status. Before you receive
a Gift Redemption Voucher the following must occur: a.)
the required number of Sponsors must have reported to us
that you successfully completed their offers, and b.) you
have provided the required proofs of purchase. Upon satisfying
a.) and b.) your account will be updated accordingly and
you will receive a Gift Redemption Voucher to print, complete
and mail for your Gift. Once you have sent your Gift Redemption
Voucher, the Gift Status section of your Member Account
will be updated. Be sure to keep a copy of your Gift Redemption
Voucher. Upon our receipt of your properly completed Gift
Redemption Voucher, it will take six (6) to eight (8) weeks
to ship your Gift.
Note: We are solely responsible for the fulfillment of your
Gift. All questions related to Gift fulfillment should be
directed to us. Please do not contact our Sponsors regarding
your Gift fulfillment status. The Sponsors are solely responsible
for their Offers, Program Requirements, refunds, products,
cancellations and related customer service. For those questions,
please contact the Sponsors directly.
E. License to Use this Site and Become a Member-
Upon your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited license
to use this site and participate in our programs in strict
accordance with the terms and conditions in this Agreement
and as permitted via instructions on this site. You acknowledge
and agree that all content and services available on this
site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights,
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 and licensors.
5. TERMINATION/CANCELLATION OF ACCOUNTS
Company may, at its sole discretion, terminate any account
and deny any Gift without prior notice for:
-any violation of any provision of these Terms and Conditions
or fraudulent activity;
-aiding in or promoting circumvention of the Program, including,
but not limited to, using any account to accrue a Gift for
a third party or using a third party's account to accrue
a Gift for yourself, including without limitation posting
information on a website, forum, or auction that has to
do with "canceling the offers" or cancellation
phone numbers, cancellation time frames, and any encouragement
or direction to cancel Sponsor Offers;
-purchasing referrals or paying third party's to complete
Sponsor Offers;
-participating in any organized system of individuals or
"conga line" trying to obtain referrals to qualify
for a Gift;
-posting your Refer-a-Friend link in search engines and
places where it is not welcome or spamming your link online
in any capacity;
-acting against the business interests or reputation of
the Company;
-otherwise acting unlawfully in relationship to the Company,
the Site or the Program; and/or
-any other reason at the sole discretion of the Company.
If your account is terminated by Company, you may not re-enroll
or join under a new account without Company's prior written
authorization.
6. RELATIONSHIP WITH SPONSORS.
Participating Sponsors are independent third parties and
the Company is not acting as a principal, agent or broker
with respect to any Sponsors. When you complete a Sponsor
Offer, your relationship with any such Sponsor is solely
between you and the Sponsor. The terms and conditions associated
with each Sponsor Offer (as opposed to the terms and conditions
of the Program described herein) are determined by the applicable
Sponsor, and are subject to change in the applicable Sponsor's
sole discretion. You agree not to hold the Company or its
officers, directors or employees liable for any loss or
damage of any sort incurred as the result of any such dealings
or as the result of the content provided by such Sponsors
through the Program.
7. OTHER APPLICABLE TERMS AND CONDITIONS
In addition to the provisions of Sections 1 through 6 above,
the following terms and conditions apply to your use of
the Site and participation in the Program:
a. You are responsible for maintaining the confidentiality
of your Member Account and for restricting access to your
computer. You agree to accept responsibility for all activities
that occur through use of your Member Account, including,
but not limited to, any purchases made from the Company
or Sponsors.
b. By establishing an account to participate in the Program,
you are giving your consent to receive by email promotions
or newsletters from the Company, its affiliated entities
and/or third-party marketing partners. If you do not wish
to receive these communications, you may request to be removed
by using the opt-out mechanism listed in the email messages
you receive. To opt-out of email promotions from Choose-Stuff.com,
click here. Please note that exercising an opt-out mechanism
only applies to emails from Choose-Stuff.comand not from
Sponsors.
c. You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter, defraud or create false results
from any executable code, contents or materials on or received
via the Site or any Sponsor's Site. You understand that
such actions are likely to subject you to serious civil
and criminal legal penalties and that the Company shall
pursue such penalties to the full extent of the law, and
in equity.
d. We reserve the right to:
(a) substitute any Gift with another item of similar value,
as determined in our sole discretion; or
(b) send you the cash equivalent for the Gift, as determined
in our sole discretion. Note that a Gift will be considered
income and it is your responsibility to report the receipt
of the Gift to the applicable federal and state tax authorities.
In addition, should the value of your Gift(s) total $600
or more, you will also be sent a W-9 that must be completed,
notarized and returned with your Gift Redemption Voucher,
as required by law.
e. You may be transferred to online merchants or other third
party websites, including those of Sponsors, through links
or frames contained on the Site. You are cautioned to read
such websites' terms and conditions and/or privacy policies
before using such websites in order to be aware of the rules
governing your use of such websites and their use of your
information. Because Company has no control over such third
party websites and/or resources, you hereby acknowledge
and agree that Company is not responsible for the availability
of such third party websites and/or resources. Furthermore,
Company does not endorse, and is not responsible or liable
for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at
or available from such third party websites or resources,
or for any damages and/or losses arising therefrom. The
inclusion of a link or frame to such websites does not imply
endorsement of such websites by the Company and any association
with its operators is provided solely for your convenience.
You agree that Company has no liability whatsoever in connection
with such third party websites and your usage thereof.
f. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO RETURNS OR EXCHANGES
WILL BE ACCEPTED.
g. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES,
AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES
SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION
AS A RESULT OF TYPOGRAPHICAL, SYSTEM,HUMAN ERRORS AND FAILURES,
FAULTY TRANSMISSIONS, TECHNICAL PROBLEMS AND MALFUNCTION(S),
ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE
CONTROL, OR THE USE OR INABILITY TO USE THE SERVICE, THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTELLECTUAL
PROPERTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY'S TOTAL CUMULATIVE
LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT
EQUAL TO THE LESSER OF (i) THE VALUE OF THE GIFT FOR WHICH
THE CONSUMER HAS REGISTERED, OR (ii) $1,000, OR (iii) ACTUAL
DOLLAR AMOUNT CONSUMER SPENT ON A SITE COMPLETING SPONSOR
OFFERS.
h. This Agreement shall be treated as though it were executed
and performed in Florida and shall be governed by and construed
in accordance with the laws of the State of Florida (without
regard to conflict of law principles). Should a dispute
arise concerning the terms and conditions of this Agreement
or the breach of same by either party hereto, the parties
agree to submit their dispute for resolution by arbitration
before the American Arbitration Association in Broward County,
Florida, in accordance with the then current Commercial
Arbitration Rules of the American Arbitration Association.
Any award rendered shall be final and conclusive to the
parties and a judgment thereon may be entered in any court
of competent jurisdiction. Nothing herein shall be construed
to preclude any party from seeking injunctive relief in
order to protect its rights pending an outcome in arbitration.
This Agreement, together with the Privacy Policy, constitutes
the entire agreement between the parties related to the
subject matter hereof, and supersedes any prior or contemporaneous
(oral, written or electronic) agreement between the parties.
To the extent that anything contained in this Agreement
contradicts or is in any way inconsistent with the Privacy
Policy, the Privacy Policy shall control in all respects.
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 shall continue
in full force and effect as if such unenforceable provision
had never constituted a part hereof.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California
resident users are entitled to know that they may file grievances
and complaints at California Department of Consumer Affairs,
400 R Street, STE 1080, Sacramento, CA 95814; or by phone
at 916-445-1254 800-952-5210 or by email to dca@dca.ca.gov
Contact Us:
CONTACTING US. If you have questions about the Service or
this Agreement, please contact us by any method set forth
on our "contact us"
page.
DEFINITIONS
Program Requirements: The set of actions (set by
the Company) you must take to qualify for a Gift, such as
(but not limited to) entering valid contact information,
completing Sponsor Offers and completing the Gift Redemption
process.
Friend's Program Requirements: The set of actions
(set by the Company) your Friend must take to qualify for
a Gift, such as (but not limited to) entering valid contact
information, completing Sponsor Offers and completing the
Gift Redemption process.
Program Sign-up Date: The date on which you sign
up with your email address on the Site and thus create your
member account.
Sponsor: An advertiser (affiliated with Company or
Third Party) that seeks to create a business relationship
with consumers and in exchange for such business relationship
is willing to subsidize the cost of providing a Gift to
the consumer. Only advertisements specifically indicated
on the Site as Sponsor Offers should be considered to be
Sponsor Offers. Survey questions and other content on the
Site should not be considered to be Sponsor Offers.
Sponsor Offer Completion Date: The date on which
you fulfill the Sponsor Offer Requirement and the Sponsor
has reported to us that you have successfully completed
their Offer.
Sponsor Offer Requirements: The actions (set by Company
and/or Sponsor) you must take in order to be deemed to have
completed a Sponsor Offer for the purpose of satisfying
the Promotion Requirements.
Sponsor Offer Initial Transaction Date: The date
that you sign up for the Sponsor Offer. For example, for
a Sponsor Offer requiring that you submit an approved application,
the Sponsor Offer Initial Transaction Date is the date of
submission of a valid application for the credit card. For
a Sponsor Offer requiring that you participate in a free
trial, the Sponsor Offer Initial Transaction Date is the
date of submission of your billing information to enroll
in the trial.
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