QGo Places Merchant Coupon Agreement Terms
Thank you for letting us be a part of your coupon campaign advertising. We hope to drive traffic to your business through our interactive travel guide.
1. GENERAL STATEMENT
This document is a binding contract between QGo Places/Rock Logix LLC and You. QGo Places/Rock Logix LLC will be referred herein as “QGo Places,” “we”, “us”, or “our”. The QGoPlaces.com website will be referred herein as “site” or “website”. The QGo Places Travel Guide will be referred herein as “book”. By accepting these Terms and Conditions, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions. If You are entering into this agreement with QGo Places as an agent for a corporation or other business entity, You shall only do so if You are duly authorized by the corporation or business entity and have the authority to bind Your corporation or business entity. If You are using QGo Places in Your individual capacity, You are personally liable for the actions You take while using this site.
2. TYPES OF USERS
Users of the Website are defined as those persons who have registered for an account on the Website using the means provided. There are different User account types: Customers and Merchants. Users may be referred to hereafter by the general term User or by the Specific account types. We reserve the right, in our sole discretion to deny registration or to suspend or terminate the account of any User violating these Terms of Service.
- CUSTOMERS – Customers are defined as Users who have purchased a hard copy the book and have activated their membership by creating an account on this Website through the means as described in the book to obtain information and Coupons. Coupons are not available to people who have not purchased a hard copy of the book and non-members. Coupons are redeemable at participating Merchants for various types of discounts and other offers as indicated on the Coupon and subject to the Terms and Conditions of the Coupon and as set forth herein.
- MERCHANTS – Merchants are defined as Users representing corporations or business entities providing goods and/or services and utilizing QGo Places to make available discount coupons redeemable at their place of business. In exchange for making Coupon offers available via the Website, Merchants receive advertising in the form of those same Coupon offers appearing in search results seen by Customers on our Website. Merchants may also act in the capacity of Customers.
3. MERCHANT COUPON REGISTRATION
Coupons are defined as electronic certificates obtained via QGo Places and redeemable at indicated Merchant locations for discounts, special offers, merchandise, services or other considerations as specified on the Coupon. Coupon offers are made by Merchants according to the Terms and Conditions set forth herein and with details, conditions and restrictions determined by the Merchant. Coupons offered by QGo Places may not be resold by any party.
By registering as a Merchant and by providing coupons for QGo Places, You represent and warrant that You are 18 years of age or older and that all the information You are providing, including Your e-mail address and the nature of goods and services offered at the business represented is accurate, current and complete and that You have authority to bind Your Corporation or business entity. We reserve the right, in our sole discretion, to deny approval or to suspend or terminate the account of any Merchant that offers goods or services that are deemed incompatible with QGo Places. We specifically prohibit coupons or businesses that offer goods or services related to gaming or gambling, those we deem offensive or those of a sexual nature including, but not limited to, pornography, adult entertainment, escort services and the like. Merchants must agree to the complete Terms and Conditions specified herein.
Coupons will be valid for one calendar year beginning in January and expiring in December. Coupon placement on QGoPlaces.com will be free of charge to businesses during the calendar year 2015. Beginning in 2016, Merchants will be charged a fee for coupon placement on QGoPlaces.com. The rate is to be determined but will be disclosed to the Merchant before coupon renewal.
Non-exclusive coupons will be charged the full fee for placement on QGoPlaces.com.
Merchants supplying coupons exclusively for QGo Places will qualify for a discount. By exclusive we mean that no identical Coupon, offer or discount may be made available by the Merchant through any other means for the duration of a given Coupon promotion on the Website.
The Merchant agrees to honor any and all coupons delivered via QGo Places according to the discount value, description, restrictions and expiration date as indicated on the Coupon and the applicable Terms and Conditions specified herein. The Merchant may at any time discontinue a Coupon offer on the Website via contacting us or via the means available in the Merchant’s user account. However, when discontinuing a Coupon offer, the Merchant agrees to honor Coupons for that offer already obtained by Customers.
You agree that, in acting as a registered Merchant, you will at all times:
(i) be solely responsible for all content or information provided by you to QGo Places, whether uploaded, published or displayed on the Website, email or other media;
(ii) not provide any content or information that: (A) is defamatory, trade libelous, or unlawful; (B) is obscene or pornographic; (C) violates unfair competition, anti-discrimination or false advertising laws; (D) infringes third party copyright, trademark or similar rights; or (E) contains viruses, trojan horses, worms, robots or other computer programming routines intended to damage, interfere with, intercept or expropriate system, data or personal information;
(iii) not take any action that would expose QGo Places or its officers, directors, owners, agents, partners, information providers or affiliates to liability to any third party; and
(iv) not take any action that would violate the security or interfere with the operations of the Website, whether intentionally, negligently or otherwise.
By becoming a registered merchant with QGo Places, you agree to receive Email messages from us that provide you with information about your account, your coupon promotion, renewal information and any other information directly related to your relationship with QGo Paces.
All information you provide in accessing and using this Website may be used by Website as described in our Privacy Statement, which is included as a part of this Agreement.
Although we take reasonable precautions designed to protect the confidentiality and privacy of information we collect from you, we cannot absolutely guarantee the confidentiality and privacy of your information. Accordingly, we shall have no responsibility if, despite our reasonable efforts to protect the confidentiality and privacy of your information, an unauthorized individual accesses your information or if an individual authorized to access your information (other than an employee or agent of QGo Places) uses or discloses the information in an unauthorized manner.
You agree to indemnify QGo Places and its officers, directors, owners, independent contractors, employees, agents and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this Website; and (c) any violation of this Agreement.
6. INFRINGEMENT NOTICE
It is QGo Place’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Website: firstname.lastname@example.org.
To be effective under the DMCA, the notification must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. ENTIRE AGREEMENT; NON-SEVERABILITY
This Agreement and any Customer or Merchant registration agreement constitute the entire agreement between you and QGo Places and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of such agreements. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.
8. GOVERNING LAW AND JURISDICTION
Any claim relating to, and use of, the Website or the materials contained on the Website are governed by and construed in accordance with the laws of the State of Florida (regardless of the laws that might be applicable under principles of conflicts of law). You irrevocably consent to the exclusive jurisdiction and venue of the Lake County, Florida Circuit Court or the United States District Court for the Middle District of Florida in Orlando, Florida in all disputes arising out of or relating to these Terms and Conditions or Your use of the Site. You hereby irrevocably waive any objection which You may now or hereafter have to the laying of venue of any actions or proceedings arising out of or in connection with this Agreement brought in the courts referred to in the preceding sentence and hereby further irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. In the event any dispute arises between You and QGo Places concerning the use of the Site, it shall be resolved in accordance with the alternative dispute resolution procedure set forth in the following paragraph.
If the party which brings or appeals any judicial action to vacate or modify any award rendered pursuant to arbitration or opposes the confirmation of such award and the party bringing or appealing such action or opposing confirmation of such award does not prevail, such party will pay all of the costs and expenses (including, without limitation, court costs, arbitrators fees and expenses and attorneys’ fees) incurred by the other party in defending such action. Additionally, if either party brings any action for judicial relief in the first instance without pursuing arbitration prior thereto, the party bringing such action for judicial relief will be liable for and will immediately pay to the other party all of the other party’s costs and expenses (including, without limitation, court costs and attorneys’ fees) to stay or dismiss such judicial action and/or remove it to arbitration. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. Your use of the Website concerns transactions involving commerce among the several states. The arbitrators will not be empowered to award punitive damages.
The website is controlled and operated by Rock Logix LLC from its offices within the United States QGo Places makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States.
THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS.
QGO PLACES AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ARISING FROM THE ALLEGED NEGLIGENCE OF QGO PLACES/ROCK LOGIX, LLC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE AND FOREVER DISCHARGE QGO PLACES AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”), FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE WEBSITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF QGO PLACES/ROCK LOGIX LLC, IN OPERATING THE WEBSITE OR OTHERWISE.
If you have a dispute involving the Service with a third party, you release each of the RELEASED Parties from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless QGo Places/Rock Logix LLC and its officers, directors, managers, members, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of this Agreement by You, or the use of the Website by You or any other person using the Website under on your behalf.
12. GENERAL PROVISIONS
QGo Places/Rock Logix LLC may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. The new Agreement will become effective and binding upon You immediately upon being posted to the Site.