Terms of Use

ACCEPTANCE OF THE TERMS OF USE

THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. YOU AGREE TO MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.

YOU AGREE THAT BY USING OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

When you see the word “use” or “using” in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term “including” it means “including, without limitation” or “including, but not limited to” and construed as inclusive and illustrative and not exclusive or limiting.

We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “Our Companies,” in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with Buy This More.

When we use the term “Site” we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the GetItFree.us domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term “Site,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately. When we use the term “Services” we mean any services provided as an online functionality or feature of the Site.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”) all of which are incorporated by reference and form a part of our Terms of Use for all purposes. In the event of a conflict, these Terms of Use shall control although the Additional Terms may govern use of particular products, solutions, or services. To make reading and understanding your agreement with us easier, we will use the expression “Terms of Use” to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.

By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.

WE CAN CHANGE OUR TERMS OF USE AND SITE

We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.

OUR PRIVACY POLICY

Your privacy is important to us. We have developed a Privacy Policy in order to inform you of how we collect and use information we obtain from you. All information we collect on the Site is subject to our Privacy Policy, and our Privacy Policy is incorporated into and is a part of these Terms of Use.

RULES OF CONDUCT

You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use.

You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:

Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;

Engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;

Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;

Violate, or attempt to violate any security features of the Site or Service;

Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;

Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise;

Advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

Otherwise attempt to interfere with the proper working of the Site.

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof (“BuyThis More Content”), are owned by, licensed by, or provided to Buy This More. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the Buy This More Content and the Service.

These Terms of Use permit you to use the Site for your own personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the Buy This More Content in whole or in part. You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.

OUR RIGHT TO USER CONTENT

User Content will be considered non-confidential and non-proprietary and may be used by our affiliates, Our Companies, or Buy This More. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to Buy This More or the Site, you are:

Giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast the User Content in connection with your use of the Site without additional accounting to you or notifying you in any way; and

Representing and warranting to us you have the right to submit the User Content and grant the rights and license described above.

If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled “You Indemnify Us”).

MOBILE SERVICES

The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with our Terms of Use.

COPYRIGHT INFRINGEMENT

On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.

PRODUCT REDEMPTION

From time to time we may distribute deals, freebies, or samples (collectively, “Offers”). The availability of the Offers may vary based on location and timing. In redeeming an Offer, you further agree to the Buy This MoreSample Offer Terms and Conditions, which are incorporated into these Terms of Use.

PROMOTIONS

From time to time we may offer sweepstakes, contests, or other similar promotions (“Promotions”). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.

 

THIRD PARTY CONTENT AND LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties (“Third Party Content”). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.

THIRD PARTY MERCHANTS

Buy This More contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.

TERM AND TERMINATION

Our Terms of Use will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Buy This More reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and our Terms of Use with you will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate our Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Buy This More proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.

WE HAVE THE RIGHT TO TERMINATE

We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your Buy This More account; (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.

YOU INDEMNIFY US

By using our Site, you agree to defend and hold harmless any or all of Our Companies against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity (“Claim”) and you shall indemnify and hold Our Companies harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.

OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You submit to the jurisdiction of the State and Federal courts situated in San Diego County, California, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.