LAST UPDATED: 5 FEBRUARY 2010
Summary Terms.
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1. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR OUR
ACCEPTABLE USE POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS
OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR WEBSITE OR PRODUCTS
OFFERED. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE.
2. USER AGREEMENT.
By using this Website, you agree to be bound by, and to comply with, the Terms and Conditions, the posted Privacy Policy as well as any guidelines or
rules posted on the Website. As such, the privacy policy, guidelines and rules are hereby incorporated by reference into these Terms and Conditions as
though fully set forth herein. Upon entering the requested information, our technology may forward your information to one of our participating
advertisers and vendors who may contact you to engage in a transaction ("Vendors"). Vendors may include entities offering various products and
services including, without limitation, payday or other loans, debit cards, credit cards, debt consolidation services, car quotes, or car loans
(collectively "Third Party Products"). This may be done automatically and a new window may appear or the Vendor may contact you by email or phone.
This Website may then automatically re-direct you to additional Vendor offers that may be of interest to you.
THIS WEBSITE (hereinafter "Company") IS NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THE THIRD PAGE OF THIS WEBSITE. UPON ENTRY INTO A
VENDOR OR ADVERTISER'S WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF THAT WEBSITE
BEFORE ENTERING ANY PERSONAL INFORMATION.
You are expressly giving your permission for Company to provide any information collected on this Website to Vendors and other third parties.
Company controls only the landing page and intake forms on this Website. Upon entry of the requested information, a participating Vendor may
contact you directly to provide you information about their Third Party Products. You are expressly giving your permission for such Vendors and
other third parties to contact you by email, text messaging or telephone. If, at any time, you do not wish to be bound by these conditions or
you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website.
You further represent and warrant that:
A. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in
accordance with these Terms and Conditions;
B. All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative,
incorrect, misleading, false or fraudulent information is prohibited);
C. You understand and agree that Company may share personally identifiable information and other information provided by,
and aggregated information about, you and other users with Vendors, partners, sponsors, advertisers, service providers
and marketers, lookup and reference services, other unaffiliated third parties, and other entities that Company believes
are able to provide its users with special offers and opportunities, as more fully described in the Company's posted
Privacy Policy.
D. You understand that abuse of this Website may result in your being denied access to such Website, as determined by Company in its sole discretion;
E. You understand and agree that, in addition to these Terms and Conditions, your use of this Website will be governed
by the official rules applicable to the promotion or offer, if any.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
Company reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions, privacy policy, rules and
guidelines which appear on this Website at any time for any reason which change, modification or alteration is effective upon posting on the
Website without further notice to you. It is your responsibility to review the Terms and Conditions, privacy policy, rules and guidelines for
changes periodically. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance
of the revisions and the reasonableness of notice of changes.
4. PRODUCT AND SERVICE REFERRALS PROVIDED.
This Website and its owners do not provide the Third Party Products or act as a broker in connection with any Third Party Products.
This Website exclusively provides the service of obtaining information from you and automatically directing such information to
Vendors and other third parties who may be contacting you with information about their or other Third Party Products. Please note
that information provided to you by Vendors and other third parties may not be used as the sole basis for your decision to use a
particular Third Party Product, and may not meet your particular needs. Please seek the advice of an appropriate professional
regarding the assessment of the information provided about the Third Party Products as a consequence of your use of the Website.
5. REJECTION OF APPLICATION, TERMINATION AND CANCELLATION.
Company may reject any information provided by any person with or without cause at its sole discretion. Vendors may reject any application
from any person with or without cause at their sole discretion. Company reserves the right to terminate a user account in the event that
such user provides false or misleading information or otherwise violates any term of these Terms and Conditions (as determined by Company
in its sole discretion). Your status as a registered user creates only a customer relationship with Company and does not create an employment
relationship, an independent contractor relationship, an agency relationship, or any other relationship. Company may, in its sole discretion
and for any reason or no reason at all, terminate your registration with this Website without prior notice for (a) any violation of any
provision of this Agreement; (b) aiding in or promoting circumvention of our program; (c) acting against our business interests or
reputation; (d) attempting to defraud the Website or third party Vendors or advertisers or otherwise acting unlawfully in relationship to the Company.
6. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying
the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any
other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting
your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our
Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or
other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any
data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming
or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or
expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar
conduct. You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.
You are prohibited from Harvest, sweep, or use any other means, to collect information about users of the Website; Use automated means,
including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign,
sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express
written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute,
perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any
information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages,
commercial or otherwise, by electronic, telephonic, postal or other means.
7. MARKETING MATERIALS.
By using this Website and submitting your information on the Website, you are giving your consent to receive promotions or newsletters from
Company, Vendors, our affiliated entities, Vendors and/or third-party marketers. If you do not wish to receive these emails, you may request
to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone,
you may simply use our convenient Unsubscribe Email at the bottom of the first page of the Website. Please note that exercising an opt-out
mechanism only applies to the company with which you exercised that right.
8. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
The Website may display and make available Third Party Products, content, promotions, advertisements, and offers provided by third parties
including, without limitation, Vendors ("Third Party Promotions"), as well as Third Party Products. You understand and agree that Company
shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any
third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on
a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at
your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party
Website Activity will be with the applicable third party offering the Third Party Promotion, Third Party Product or Third Party
Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to
use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
9. RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website and is not affiliated with any of the Third Party Products advertised or otherwise promoted or listed on the
Website. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or
make any endorsement of the Third Party Products provided by this Website. Furthermore, participating advertisers are independent third
parties and this Website is not acting as a principal, agent or broker with respect to any advertisers.
10. LINKED WEBSITES.
You may be able to link to third parties' Websites ("Linked Websites") from the Website. Linked Websites are not, however, reviewed,
controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or
other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website,
these links do not imply Company endorsement of or association with the Linked Websites. It is your sole responsibility to comply
with the appropriate rules and guidelines, if any, applicable to the use of the Linked Websites. In no event shall Company be liable,
directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites,
the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services
accessed through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Company reserves
the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the
Linked Websites from the Website and/or introduce different features or links.
Other Websites may link to the Website only through a plain-text link. Permission must be granted by Company for any other type of link.
To seek Company permission, you may write to Company at the address provided below. Company reserves the right, however, to rescind any
permission granted by Company to link through a plain-text link or any other type of link, and to require termination of any such
link to the Website, at our discretion, at any time.
11. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole
owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S.
and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively,
the "Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a
copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing
as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks,
logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website
content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property.
To seek Company permission, you may write to Company at the address provided below. Any unauthorized attempt to modify any Website content, to defeat or
circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Website via e-mail or any means that Company may
create or provide in the future will become Company property throughout the world and Company shall be entitled (without compensation to any party)
to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against
Company with respect to such use. You agree that, in the event you make a submission to Company, it is original with you and accurate and does not
violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.
12. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information,
whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the
Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the
processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of,
information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical
malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or
any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web Website or combination
thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS
AND ASSIGNS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR
GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING
ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY
NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
13. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
14. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i)
to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors,
providers, licensors, or merchants.
By visiting this Website or participating in games and activities on the Website, you agree to comply with all relevant local, state,
provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.
Company will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing Company to disclose
the identity of anyone uploading, downloading, or posting materials, or otherwise using this Website in violation of any
applicable federal, state, or local laws.
16. INDEMNITY.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers,
successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a
result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or
any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "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 IS KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising
out of, or relating to, your use of the Website or Website content must be filed within one (1) year after such claim or
cause of action arises, or forever be barred.
17. CHOICE OF LAW, VENUE AND JURISDICTION.
Company controls and operates this Website from Company offices in the United States of America. Company does not represent
that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this
Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
You agree that the laws of California, excluding its conflicts-of-law rules, shall govern your use of the Website, the Website Content, and these
Terms and Conditions. Your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that any
dispute and/or claim arising out of or in connection with your use of and/or inability to use the Website and/or Website Content shall be heard in
San Francisco County, California.
You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any
legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, and further agree to submit your dispute for
resolution by arbitration before the American Arbitration Association in San Francisco County, California, in accordance with the then current
Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a
judgment thereon may be entered in any court or competent jurisdiction.
18. SMS SERVICE.
Company may make available a service either directly or through third parties by which you can receive messages on
your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates
apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that
you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received,
and that you are authorized to approve the applicable charges.
Program subscribers may opt out of the SMS Service by replying with the keyword "STOP", "END", or "QUIT" to
the SMS text message received or use the convenient link on this website. This process impacts
only the future delivery of Company's SMS message offering and will not unsubscribe you from other SMS programs to
which you may have subscribed. Program subscribers may receive assistance for the SMS Service by replying with the
keyword "HELP" to the message received.
Data obtained from you in connection with this SMS Service may include your name, address, cell phone number, your provider's name,
and the date, time, and content of your messages. The use of this information will be in accordance with the
Terms and Privacy Policy.
If fees are charged to your wireless account invoice, Company may provide your carrier with your applicable information in connection
therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices
are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios
(and other means) to transmit communications over complex networks. Company will not be liable for any delays in the receipt of any
SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS
IS basis. Company is not responsible for incomplete, lost, late, damaged, illegible or misdirected mobile messages or for any technical
problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network
connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Company is not responsible
for any liability for damage to any computer system resulting from participation in or accessing or downloading information in
connection with this program. Company assumes no responsibility for undeliverable mobile messages resulting from any form of
active or passive mobile filtering by a user's mobile provider or for insufficient space in user's mobile phone account to messages.
Company reserves the right, in its sole discretion, to cancel or suspend this program should a virus, bugs, or other causes beyond
the control of the Company corrupt the administration, security or proper operation of the program. Company does not guarantee that
your use of the SMS Service will be private or secure, and Company are not liable to you for any lack of privacy or security you may
experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.
19. GENERAL.
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible,
in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Company's failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between
us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between
our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or
purchase orders. Company reserves the right to terminate these Terms and Conditions and/or to terminate your access to and ability to use
the Website (or any portion thereof), at any time (with or without notice).
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of
these Terms and Conditions or your use of the Website. Company's performance of these Terms and Conditions is subject to existing
laws and legal process, and nothing contained herein is in derogation of Company's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use.
support@offers.160tracker.com
If you have questions about this policy, please contact us at Address: 848 N. Rainbow Blvd. #3210 Las Vegas, NV 89107