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Terms of Use

 

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Million Two One, LLC”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

 

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

TERMS OF USE

1. General.

The Site provides an interactive online service operated by Million Two One, LLC on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Million Two One, LLC, affiliates of Million Two One, LLC or merchants (“Merchants”).

 

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Million Two One, LLC, and Million Two One, LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is Million Two One’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site 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 the control of Million Two One, LLC, access to the Site may be interrupted, suspended or terminated from time to time.

 

Million Two One, LLC shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Million Two One, LLC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

The material appearing on Million Two One, LLC’s web site could include technical, typographical, or photographic errors.  Million Two One, LLC does not warrant that any of the materials on its web site are accurate, complete, or current.  Million Two One, LLC may make changes to the materials contained on its web site any time without notice.  Million Two One, LLC does not, however, make any commitment to update the materials.

 

 

 

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

 

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Million Two One, LLC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

2. Modified Terms.

Million Two One, LLC reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If Million Two One, LLC makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Certificates purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Certificates purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

 

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Million Two One, LLC shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

 

4. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Million Two One’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Million Two One’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Million Two One.

 

The foregoing provisions of this Section 4 apply equally to and are for the benefit of Million Two One, LLC, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

5. Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of Million Two One, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MILLION TWO ONE, LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

 

The foregoing provisions of Section 5 apply equally to and are for the benefit of Million Two One, LLC, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

6. Copyright Policy.

Million Two One, LLC reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Million Two One, LLC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Million Two One, LLC 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 and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you 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, such as telephone number or e-mail 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. Contact information for Million Two One’s Copyright Agent for notice of claims of copyright infringement is as follows:

 

Million Two One, LLC.
P.O. Box 180515

Casselberry, FL 32718

 

 

7. Disclaimer of Warranty.

The materials on Million Two One's web site are provided "as is". Million Two One, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Million Two One does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

8. Limitation of Liability.

In no event shall Million Two One, LLC or its suppliers be liable for damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Million Two One’s Internet site, even if Million Two One, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

9. Monitoring.

Million Two One, LLC shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Million Two One, LLC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Million Two One, LLC shall have the right, but not the obligation, to remove any material that Million Two One. LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

10. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Million Two One, LLC does not control or endorse the content, messages or information found in any Community, and, therefore, Million Two One, LLC specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to Million Two One, LLC (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Million Two One, LLC as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants Million Two One, LLC the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Million Two One’s Privacy Policy.

 

11. License Grant.

By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Million Two One, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.

 

Permission is granted to temporarily download one copy of the materials (information or software) on Million Two One’s web site for personal, non-commercial transitory viewing only.  This is the grant of a license, not a transfer of title, and under this license you may not:

 

  1. Modify or copy the materials;
  2. Use the materials for any commercial purpose, or for any public display (commercial or non commercial);
  3. Attempt to decompile or reverse engineer any software contained on Million Two One’s web site:
  4. Remove any copyright or other proprietary notations from the materials; or
  5. Transfer the materials to another person or “mirror” the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Million Two One, LLC at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

12. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless Million Two One, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.

 

End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Million Two One, LLC from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

 

13. Termination.

Million Two One, LLC may terminate this Agreement at any time. Without limiting the foregoing, Million Two One, LLC shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Million Two One, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.”

 

14. Third-Party Content.

Million Two One, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Million Two One, LLC has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Million Two One, LLC.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Million Two One, LLC. Million Two One, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Million Two One, LLC by anyone other than authorized Million Two One, LLC  employee spokespersons while acting in official capacities. Under no circumstances will Million Two One, LLC be liable for any loss or damage caused by an end user’s reliance on information obtained through Million Two One, LLC. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Million Two One, LLC.

Million Two One, LLC contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Million Two One, LLC of the contents on such third-party sites, and Million Two One, LLC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Million Two One, LLC expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Million Two One, LLC reserves the right to revoke its consent to any link at any time in its sole discretion.

 

15. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Million Two One, LLC established by Million Two One, LLC, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

 

The laws of Florida, U.S.A., excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

 


 

16. Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Million Two One, LLC arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Million Two One, LLC; (3) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Million Two One’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Million Two One, LLC shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org

 

18. Refund Policy.

Million Two One, LLC has a strong commitment to insure our advertisers are completely satisfied with the services we provide.  Million Two One, LLC provides a 15 day satisfaction guarantee.  If an advertiser finds misinformation or incorrect data in their listing generated by the Publisher within the first 15 days of their listings, Million Two One, LLC agrees to correct the error within five (5) business days after receiving notification or Million Two One, LLC will provide the Advertiser with a full refund.

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