PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEB SITE.
Valpak may change these terms and conditions at any time and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the Web site will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Web site.
This Website is offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must discontinue access and/or use of the Website.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Valpak, its affiliates, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; and you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
All rights in the trademarks, service marks, company logo(s), trade names, produce names, product packaging, and designs of Valpak or an affiliated third party, whether or not appearing in large print or with trademark symbol, belong exclusively to us or their respective owner and are protected under United States trademark copyright laws. You must not, and expressly agree you will not, use, download, reproduce, or transmit such marks without the prior written permission of Valpak or the owner of the mark.
If you believe that any content on the Website infringes upon any copyright you own or control, please send written notification to us at email@example.com. Your email must explain the basis for the alleged infringement.
The following Marks and/or registered Marks are used to identify the products and services of Valpak and its affiliates:
- The Blue Envelope® (Product)
- Connecting Advertisers with Audiences® (Service)
- Connecting Audiences with Advertisers® (Service)
- Coupon U® (Service)
- CU® (Service)
- Coupon University® (Service)
- Delivering Value to America® (Service)
- Delivering Value to Parents® (Service)
- Envelope image uses the ® to the lower right corner (Product and Service)
- Home Showplace® (Service)
- LuxeTM (Product)
- Neighborhood Trade Areas® (U.S.) (Service)
- Neighbourhood Trade Areas® (Canada) (Service)
- NTA® (Service)
- Open the Neighborhood® (Product and Service)
- Push Click Tap® (Service)
- Push The Envelope Click With Your Customers Tap Into Your Market® (Service)
- Savings Beyond the Envelope® (Product and Service)
- SKUlocal® (Product and Service)
- Solo Values® (Service)
- There are more savings for you onlineTM (Service)
- There's Something In It For You® (Service)
- Valpak® (Product and Service)
- Valpak.com® (Service)
- Valpak Deals® (Service)
- Valpak MediaTM (Product and Service)
- Valpak Media SolutionsTM (Product and Service)
- Valpak PlusOneTM (Product)
- ValpakRxTM (Product and Service)
- Valpak University® (Service)
- VPOffice® (Product and Service)
- We Deliver To Your Neighborhood® (Service)
- The Smartest Values In Your Neighborhood® (Service)
Valpak and its affiliates reserve the right to add additional Marks that identify its products and services to this website at any time, and this is not an inclusive list and may be updated at any time. Other trademarks, service marks and trade names that may be used on this website to identify the products and services of other companies are the property of their respective owners. Valpak makes no claims to these trademarks.
CHANGES TO THE WEBSITE
We make an effort to keep the information on this Website reliable and accurate, but we do not guarantee the reliability or accuracy of any of the information on either this Website or on sites that are linked to this site. Valpak also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
To access the Website, you are not required to register with us. However, certain sections, features of the Website, or additional communications from us may only be available to users who have provided certain personally identifiable information to us ("Registered Users"). All Registered Users agree to accurately maintain and update any personal information provided to us. Active users may only have one (1) Registered User account for the Website at any given time.
If you choose, or are provided with, a user-name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at: firstname.lastname@example.org. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
All communications that we provide to you will be (1) via email, (2) SMS text, (3) an online survey technology platform, or (4) by a designated website sent to you in an email or website notice. You are responsible for any fees imposed by your cell phone service provider even if your use of our service causes those fees to change. The Company assumes no liability for any costs associated with text messages that we send to you. Any messages sent by us are also subject to any terms and conditions of your agreement with your cell phone provider. You specifically agree to receive and/or obtain "Electronic Communications" from the Company. The term "Electronic Communication" includes, but is not limited to, documents, statements, data, records, and any and all federal, state, and/or local laws and regulations that we are required to notify you of. You acknowledge that, for your records, you are able to retain the Company's Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to when agreeing to the terms of this Agreement. By accepting this Agreement, you give us your affirmative consent to provide electronic communication to you and if requested, you will provide us with a valid and current email address which we may send Electronic Communications to.
We may terminate your use of the Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all content obtained from the Website and all copies thereof. The provisions of this Agreement concerning the Website security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you choose to do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code that may be harmful to your device(s). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
Any controversy or claim arising out of or related to this Agreement or use of the Website, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or by searching the American Arbitration Associationâs website. One arbitrator shall preside over the arbitration. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, Valpak will pay all costs unique to arbitration, except that you shall be required to pay a portion of the filing fee equal to the filing fee for a complaint filed in the state court serving your locale that would otherwise have had subject matter jurisdiction over the dispute.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Valpak Direct Marketing Systems, Inc., 805 Executive Center Drive West, Suite 100, St. Petersburg, Florida 33702 or email us at: email@example.com.