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Agreement Regarding Terms and Conditions
By
accessing this Web site, you agree to
the following Terms and Conditions. If
you do not agree to these Terms and
Conditions, do not access this Web site.
WebLeave.com ("WebLeave.com") reserves the right to
change these Terms and Conditions, and
your continued use of this Web site
constitutes agreement to all such
changes.
All
right, title and interest in this Web
site and any content contained herein is
the exclusive property of WebLeave.com. This Web
site is intended for commercial use. You may print, copy
and download any information or portion
of this Web site for your personal use
only. You may not modify, copy,
distribute, transmit, display, perform,
reproduce, publish, license, frame,
create derivative works from, transfer,
or otherwise use in any other way for
commercial or public purposes in whole
or in part any information, software,
products or services obtained from this
Web site, except for the purposes
expressly provided herein, without WebLeave.com's
prior written approval. Unauthorized use
of this Web site and or any WebLeave.com systems,
including, but not limited to,
unauthorized entry into WebLeave.com's systems,
misuse of passwords or misuse of any
other information, is strictly
prohibited. You may not use this Web
site in any manner that could damage,
disable, overburden, or impair any
WebLeave.com
site or service or interfere with any
other party's use and enjoyment of any
WebLeave.com site or service. You may not attempt
to gain unauthorized access to any
WebLeave.com
site or service, computer systems or
networks connected to any WebLeave.com site or
service, through hacking, password
mining or any other means. You agree
that you will not engage in any
activities related to this Web site that
are contrary to applicable laws or
regulations.
WebLeave.com
reserves the right, in its sole
discretion, without any obligation and
without any notice requirement, to
change, improve or correct the
information, materials and descriptions
on this Web site and to suspend and/or
deny access to this Web site for
scheduled or unscheduled maintenance,
upgrades, improvements or corrections.
The information and materials on this
Web site may contain typographical
errors or inaccuracies. Any dated
information is published as of its date
only, and WebLeave.com does not undertake any
obligation or responsibility to update
or amend any such information.
WebLeave.com may
discontinue or change any product or
service described in or offered on this
Web site at any time.
Registration
Registration. You agree that it is your
responsibility to keep your Member
information current, complete and
accurate by periodically updating your
information in the appropriate section
of the WebLeave.com website.
WebLeave.com does not
represent, warrant or guarantee that any
particular Participating Employer (as
defined below) will accept your debit or
credit card as payment for services or
goods provided by such Participating
Employer as certain Participating
Employers may not accept one or more
cards of the type described above (e.g.,
American Express? MasterCard?or
Visa?.
WebLeave
Certain
employers have entered into agreements
with WebLeave.com pursuant to which such
employers
(each a "Participating Employer") have
agreed to participate in the
WebLeave.com
Program.
Subject
to the terms and conditions of this
Agreement, upon becoming a Member of the
WebLeave Program, you will be eligible to
receive rewards (the "WebLeave") from
WebLeave.com
when you use WebLeave.com Card to pay
your bill at a Participating Employer.
Subject to the terms and conditions of
this Agreement, such WebLeave will be in
the form of WebLeave ("
WebLeave") instant rebate from all
purchases.
A
current list of Participating Employers
is available on the this site.
Participating Employers are added to or
withdrawn from the WebLeave.com Program
from time to time and may vary awards
from time to time. If a particular
employer does not appear in the search
results of this site on the date you
purchase a service or product from a
employer, that employer is not currently
participating in the WebLeave.com Program
and shall not be deemed a Participating
Employer for purposes of this Agreement.
Limitations
You
understand that WebLeave.com does not operate or
control the products or services offered
by Participating Employers.
Participating Employers are responsible
for all aspects of order processing,
fulfillment, billing and customer
service. WebLeave.com is not a party to the
transactions entered into between you
and Participating Employers. YOU AGREE
THAT PARTICIPATION IN THE WebLeave.com
PROGRAM IS AT YOUR SOLE RISK AND THAT
THE WEBLEAVE PROGRAM IS PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTIES OF
TITLE, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL
WebLeave.com BE
LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND
PARTICIPATING MERCHANTS OR FOR ANY
INFORMATION APPEARING ON PARTICIPATING
MERCHANT SITES OR ANY OTHER SITE LINKED
TO THE WebLeave.com WEB SITE. IN NO EVENT
SHALL WebLeave.com BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM
THE USE OF OR THE INABILITY TO USE THE
WebLeave.com PROGRAM, REGARDLESS OF
WHETHER WebLeave.com WAS MADE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF WHETHER SUCH DAMAGES ARISE
IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. YOU AUTHORIZE WebLeave.com TO
PERFORM ALL ACTIONS NECESSARY HEREUNDER,
INCLUDING WITHOUT LIMITATION, THE
DIRECTING OF REBATES TO AN ENROLLED
ORGANIZATION DESIGNATED BY YOU.
Intellectual Property
The
trademarks, logos and services marks
(collectively, "Marks") displayed on the
WebLeave.com Web site are the property of
WebLeave.com and other parties. You are prohibited
from using any Marks for any purpose
without the written permission of
WebLeave.com or
such third party which may own the
Marks. All information and content
including any software programs
available on or through the WebLeave.com
Web site ("Content") is protected by
copyright. You are prohibited from
modifying, copying, distributing,
transmitting, displaying, publishing,
selling, licensing, creating derivative
works or using any Content available on
or through the WebLeave.com Web site for
commercial or public purposes.
Participating Employer Policies
Participants in the WebLeave.com Program
who buys products or services from
Participating Employers will be deemed
to be customers of such Participating
Employer. All rules, policies (including
privacy policies) and operating
procedures of such Participating
Employer will apply to those persons
while on such Participating Employer's
site or local store location.
WebLeave.com is not
responsible for information provided by
you to Participating Employers.
Participating Employer and WebLeave.com are
independent contractors and neither
party has authority to make any
representations or commitments on behalf
of the other.
Web
Cookies
WebLeave.com uses
a permanent cookie file to uniquely
identify your computer as you visit the
Web site from time to time. No
personally-identifiable information is
collected or shared with any third party
using this cookie. If you ask
WebLeave.com to
"remember" your user ID,
WebLeave.com will also
create a permanent cookie for this
purpose. WebLeave.com also uses a temporary cookie
file to recognize your computer as you
move from page to page only. The cookie
is deactivated when you conclude your
secure session. Because this cookie is
stored only in your computer's temporary
memory, it is deleted when you sign off
of your Account or when you close your
browser software.
Most Web
browser software allows you to modify
your preferences to be notified when a
cookie is set, or to reject all cookies.
If you choose to reject the WebLeave.com cookies,
some areas of the WebLeave.com Web site
may not function properly.
Disclaimer of Warranty and Limitation of
Liability
The
information, products and services on
this Web site are provided on an "AS IS"
and "AS AVAILABLE" basis.
WebLeave.com does not
warrant the information or services
provided herein or your use of this Web
site generally, either expressly or
impliedly, for any particular purpose
and expressly disclaims any implied
warranties, including but not limited
to, warranties of title,
non-infringement, employerability or
fitness for a particular purpose.
WebLeave.com
will not be responsible for any loss or
damage that could result from
interception by third parties of any
information or services made available
to you via this Web site. Although the
information provided to you on this Web
site is obtained or compiled from
sources WebLeave.com believes to be reliable,
WebLeave.com
cannot and does not guarantee the
accuracy, validity, timeliness or
completeness of any information or data
made available to you for any particular
purpose. Neither WebLeave.com, nor any of its
affiliates, directors, officers or
employees, nor any third party vendor,
will be liable or have any
responsibility of any kind for any loss
or damage that you incur in the event of
any failure or interruption of this Web
site, or resulting from the act or
omission of any other party involved in
making this Web site, the data contained
herein or the products or services
offered on this Web site available to
you, or from any other cause relating to
your access to, inability to access, or
use of the Web site or these materials,
whether or not the circumstances giving
rise to such cause may have been within
the control of WebLeave.com or of any vendor
providing software or services. In no
event will WebLeave.com or any such parties be
liable to you, whether in contract or
tort, for any direct, special, indirect,
consequential or incidental damages or
any other damages of any kind even if
WebLeave.com
or any other such party has been advised
of the possibility thereof. This
limitation on liability includes, but is
not limited to, the transmission of any
viruses which may infect your equipment,
failure of mechanical or electronic
equipment or communication lines,
telephone or other interconnect problems
(e.g., you cannot access your internet
service provider), unauthorized access,
theft, operator errors, strikes or other
labor problems or any natural disasters.
WebLeave.com
cannot and does not guarantee
continuous, uninterrupted or secure
access to the Web site.
Links to
Other sites
This Web
site contains links to third party Web
sites. These links are provided only as
a convenience. The inclusion of any link
is not and does not imply an
affiliation, sponsorship, endorsement,
approval, investigation, verification or
monitoring by WebLeave.com of any information
contained in any third party Web site.
In no event shall WebLeave.com be responsible for
the information contained on that site
or your use of or inability to use such
site. Access to any other Internet web
site linked to the WebLeave.com Web site
is at your own risk. You should be aware
that linked web sites may contain rules
and regulations, privacy provisions,
confidentiality provisions, transmission
of personal data provisions, and other
provisions that differ from the
provisions provided on the WebLeave.com
Web site. WebLeave.com is not responsible for such
provisions, and expressly disclaims any
and all liability related to such
provisions.
Miscellaneous
These Terms
and Conditions shall be governed by and
construed in accordance with the laws of
the State of Colorado, without regard to
conflicts of laws provisions. Sole and
exclusive jurisdiction for any action or
proceeding arising out of or related to
these Terms and Conditions shall be in
an appropriate state or federal court
located in the City and County of
Denver, State of Colorado and the
parties unconditionally waive their
respective rights to a jury trial. Any
cause of action you may have with
respect to your use of this Web site
must be commenced within one (1) year
after the claim or cause of action
arises. If for any reason a court of
competent jurisdiction finds any
provision of these Terms and Conditions,
or a portion thereof, to be
unenforceable, that provision shall be
enforced to the maximum extent
permissible so as to effect the intent
of these Terms and Conditions, and the
remainder of these Terms and Conditions
shall continue in full force and effect.
Except for the Account agreement and
Privacy Policy respecting any Account
you may have with WebLeave.com, these Terms and
Conditions constitutes the entire
agreement between WebLeave.com and you with
respect to this web site and it
supersedes all prior or contemporaneous
communications, agreements and
understandings between WebLeave.com and
you with respect to the subject matter
hereof.
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