1. About the Site
The Site is a platform through which certain merchants (“Merchants”) advertise deals (promotions) and events, sell vouchers for goods, services or experiences (“Vouchers”), and make available coupon offerings (“Coupons”) (collectively, “Merchant Offerings”). Merchants are the sellers and issuers of Deals and Promotions and the issuers of Coupons. The Merchant is solely responsible to you for the care and quality of the goods and services it provides. In addition, the Site also provides a platform through which you can purchase products (“Products”) from CenterSquare Software LLC. and participate in other available programs.
All Merchant Offerings, Products, other available programs and pricing on the Site may change at any time at CenterSquare Software LLC.’s discretion, without notice.
2. Ownership of the Site
3. Use of the Site
As a condition of your use of the Site, you agree that:
4. Access to the Site
CenterSquare Software LLC. retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Account
You may only create and hold one account on the Site for your personal use. If purchasing goods and services, you may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, payment data; and (b) opt-out of persistent login. You understand and agree that CenterSquare Software LLC. shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account will expire and you will lose any CenterSquare Software LLC. credits earned through a Promotional Activity if your account is not maintained with current information, including a valid credit card.
7. Your Conduct
8. Your Privacy
9. Terms of Sale
10. Copyright and Trademarks
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. CenterSquare Software LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of CenterSquare Software LLC. or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. CenterSquare Software LLC. does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
CenterSquare Software LLC. owns trademarks, registered and unregistered, in many countries and "CENTERSQUARE SOFTWARE LLC.," the CenterSquare Software LLC. logos and variations thereof found on the Site are trademarks owned by CenterSquare Software LLC., or its related entities and all use of these marks inures to the benefit of CenterSquare Software LLC.. “CENTERSQUARE SOFTWARE LLC.” is a trademark registered in the following countries: the United States of America.
Other marks on the site not owned by CenterSquare Software LLC. may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of CenterSquare Software LLC. unless otherwise stated, or may be the property of their respective owners. You may not use CenterSquare Software LLC.'s name, logos, trademarks or brands without CenterSquare Software LLC.'s express permission.
11. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a CenterSquare Software LLC. account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. CenterSquare Software LLC. makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
12. Unsolicited Ideas
We do not accept or consider, directly or through any CenterSquare Software LLC. employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
CenterSquare Software LLC. reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. CenterSquare Software LLC. may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access to the Site, if CenterSquare Software LLC. determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to CenterSquare Software LLC.'s attention, you must provide CenterSquare Software LLC.'s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for CenterSquare Software LLC.’s DMCA Agent for notice of claims of copyright infringement is: CenterSquare Software LLC.,Attn: Copyright Agent, 86 Stoney Creek Drive, Clifton Park NY 12065, email: firstname.lastname@example.org.
14. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF CENTERSQUARE SOFTWARE LLC., ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CENTERSQUARE SOFTWARE LLC. HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
15. Limitation of Liability
16. Electronic Communications
When you use the Site or send emails to CenterSquare Software LLC., you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
17. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release CenterSquare Software LLC. from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
19. Force Majeure
21. Entire Agreement
22. Choice of Law
23. Dispute Resolution
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 24(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: PO Box 1445 Clifton Park, NY 12065.. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Albany, NY unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Albany, NY; (ii) you and CenterSquare Software LLC. irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and CenterSquare Software LLC. agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and CenterSquare Software LLC. agree to waive any right to a trial by jury.
(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
24. License to Sell Travel Services
CenterSquare Software LLC. holds a license to sell travel services in the following states: None.
25. Additional Disclosures
You are contracting with CenterSquare Software LLC., Correspondence should be directed to: CenterSquare Software LLC., 86 Stoney Creek Drive, Clifton Park NY 12065.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.