Effective Date: April 19, 2012
By using the Broke-Ass Stuart (the “Website”), you are accepting the terms and conditions set forth herein. Please read these terms carefully, as well as our Privacy Policy (published at https://instagift.com/brokeassstuart/page/privacy, and incorporated herein by this reference) before using the Website. If you do not accept the following terms and conditions (the “Agreement”), you must refrain from using this Website.
The Website is an online service owned and operated by , a , that provides content and transaction capabilities that facilitate the vouchers and other promotional offerings (“Vouchers”) of third-party merchants (“Merchants”).
This Agreement sets forth the terms and conditions that apply to your use of this Website. You agree to comply with all of the terms and conditions hereof. We hereby grant you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of this Agreement. All rights not otherwise expressly granted by this Agreement are reserved. If you do not comply with this Agreement at any time, we reserve the right to revoke the aforementioned license(s), limit your access to the Website or restrict your ability to order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content (defined below). You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.
We may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at our sole discretion and without prior notice or liability. You agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of this Agreement or other incorporated agreements or documents; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control, and we shall not be responsible for any data lost while transmitting information on the Internet. While our objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Website may be interrupted, suspended or terminated from time to time. We use reasonable efforts to maintain the Website, but we are not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond our control or which are not foreseeable by us.
We reserve the right at all times to discontinue or modify any of these terms and/or Privacy Policy as deemed necessary or desirable, by posting a change notice or new agreement on the Website. Any modifications become effective immediately upon being posted to the Website. Therefore, we suggest that you re-read this Agreement and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.
For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you may not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify us in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to you for any reason, including, without limitation, in the event we determine that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You hereby represent and warrant to us that: (a) you (i) are at least 18 years of age; (b) all information provided by you is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to us or our third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Website; (d) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Website, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information, including, without limitation, your legal name, email address and any other information we may reasonably require; (f) your access to and use of the Website or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify us in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; and (h) you will not use the Website in order to gain competitive intelligence about us, the Website or any product or service offered via the Website or to otherwise compete with us or our affiliates.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or any part thereof, which includes, without limitation: (a) use of the Website to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website, to restricted portions of the Website, to Content, or any other computer network or equipment; (d) use of the Website to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Website to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Website); (g) use of the Website to gain competitive intelligence about us, the Website or any product or service offered via the Website or to otherwise compete with us or our affiliates; (h) framing or otherwise simulating the appearance or functions of the Website or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (k) use of the Website to engage in any activity that, as determined by us, may intentionally or unintentionally violate this Agreement, violate any applicable laws or regulations or conflict with the spirit or intent of this Agreement.
and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the Website, except as expressly provided for in this Agreement. For example and without limitation, and its licensors own the copyrights in and to the Website and certain technology used in providing the Website and related services. You will not acquire any right, title or interest therein under this Agreement or otherwise. Trademarks owned by third parties are the property of those respective third parties. Any unauthorized use of any Content, whether owned by us, our licensors or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof or grant any other person or entity the right or access to do so.
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
By entering into these terms, you agree to the collection, use and disclosure of your personal information in accordance with our Privacy Policy available for viewing at https://instagift.com/brokeassstuart/page/privacy.
When you visit the Website or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by fax. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The Website may provide, or third parties may provide, links to other websites or resources on the Internet. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and resources.
If you wish to purchase Vouchers, products or services described on the Website, you may be asked to supply certain information, including payment card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your payment card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
We reserve the right to refuse any order for any reason. Orders may be delayed or canceled if we are not given completely accurate information and/or are unable to contact the person who has placed the order and/or is the primary accountholder for the order.
By placing an order for a Voucher from a Merchant through the Website, you make an offer to purchase on the following stated terms and conditions. The Voucher you purchase is redeemable for goods and services from the participating Merchant. Each deal will have specific terms and restrictions associated with the particular Voucher sold on behalf of Merchants. Any terms specific to a particular deal will be presented at the time you commit to purchase the particular deal and will be stated on the printable Voucher. If you are unsure of any terms, please contact prior to making your purchase. Unless prohibited by applicable law, all deal specific terms will supersede any inconsistent terms contained in this Agreement. Unless otherwise stated on a particular specific Voucher or required by applicable law, the following terms shall apply to all Vouchers: (1) Vouchers have no cash value; (2) no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law (the paid portion is the amount charged to your payment method); (3) no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher (the promotional portion of a Voucher is the amount of goods or services you will receive beyond the amount paid if used by the specific expiration date); (4) use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state law), unless otherwise noted on the Voucher; (5) Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher; (6) Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable; (7) neither the Merchant or we are responsible for lost or stolen Vouchers; (8) duplicate use, sale or trade of a Voucher is prohibited, except as required by law; (9) unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher; (10) Vouchers are redeemable in their entirety and on a one time basis only and therefore may not be redeemed incrementally; and (11) any attempt at redemption inconsistent with these terms and conditions will render the specific Voucher void.
It is the Merchant’s responsibility to honor the Voucher in compliance with applicable law. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
Each Voucher will contain a specific expiration date, printed on the Voucher, at which time the promotional portion of a deal expires. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Website, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the later of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact us and we may refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from our Website.
If you have already purchased a Voucher, and you wish to cancel your Voucher and receive a refund of its Purchase Price, the Website retains discretion to grant or deny your refund request. In three circumstances, the Website will automatically grant your refund request. First, the Website will grant your request if you make your refund request within five (5) days after purchasing your Voucher. Second, the Website will grant your refund request if a Merchant refuses to accept your Voucher. The denied Voucher must be valid at the time of the Merchant’s refusal in order to entitle you to a refund. Third, the Website will grant your refund request if the Merchant ceases operations before you redeem your voucher. Your Voucher must be valid at the time that the Merchant ceases operations in order to entitle you to a refund. All refund requests that do not fall into the three categories above will be evaluated on an individual basis and Website retains the right to grant or deny each request at its discretion.
"Credits” are non-monetary payment units issued to customers. Credits may be redeemed to purchase a voucher sold on the Website. Credits have no cash value. Each Credit may be redeemed by customers on the Website for $1 of credit toward the purchase of a voucher or vouchers sold by the Website.
We may issue Credits at our sole discretion. We may, at our sole discretion, refuse to accept Credits for a given deal or offer. Credits cannot be returned in exchange for their cash value.
WE PROVIDE THE WEBSITE AND RELATED SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, RELATED SERVICES OR THEIR USE: (1) WILL BE UNINTERRUPTED, (2) WILL BE FREE OF INACCURACIES OR ERRORS, (3) WILL MEET YOUR REQUIREMENTS, (4) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (5) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR RELATED SERVICES. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR RELATED SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE RELATED SERVICES EXCEED THE AMOUNT PAID BY YOU TO US DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold us, our affiliates and their respective directors, officers, employees and agents harmless from and against all claims, liabilities, damages, losses and expenses, including attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) any Content you post via the Website, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or any of our other rights or those of third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) your use of any Content, Vouchers, services or products provided by us.
To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that we, in our sole discretion, may terminate your use of the Website or any part thereof upon prior notice, and remove and discard any Content, in the event you violate this Agreement. You agree that we may immediately suspend your account and your access to the Website or any part thereof in order to conduct an investigation in the event we believe you have violated this Agreement or if we determine that you are a repeat infringer of another’s intellectual property or other rights. We may also, in our sole discretion and at any time, discontinue providing the Website, any part thereof, any Content or any products or services advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, we reserve the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. Further, you agree that we shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to us of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which we may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
All notices required or permitted to be given under these terms will be in writing and delivered to the other party by any of the following methods: (1) government mail, (2) overnight courier, (3) electronic mail, or (4) if from us to you, posting via the Website. If you give notice to us, you must use the address located in the “Contact Us” portion of the Website. If we provide notice to you, we will use the contact information provided by you. If applicable law requires that a given communication be “in writing,” you agree that email communication and posting via the Website will satisfy this requirement.
The validity and effect of this Agreement shall be governed by, and construed and enforced in accordance with the laws of , without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE WEBSITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF , MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN , AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU 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 SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM. Notwithstanding anything to the contrary in this Agreement, we may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
The headings provided in this agreement are provided for convenience only. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. This Agreement (including all of the policies and other documents described herein, which are hereby incorporated by reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms will not be assignable or transferable by you without our prior written consent. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period. The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
All questions should be directed to our Contact Us form located at https://instagift.com/brokeassstuart.