Effective Date: December 02, 2008
MagazineReviewPanel TERMS AND CONDITIONS
Last Revised: January 22, 2009
Thank you for visiting the MagazineReviewPanel website located at www.MagazineReviewPanel.com (the “Website”).These Terms and Conditions, together with the MagazineReviewPanel Privacy Policy (“Privacy Policy”) and any and all other applicable MagazineReviewPanel operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time and which are expressly incorporated herein by reference (collectively, the "Agreement"), is entered into by and between MagazineReviewPanel, LLC ("MagazineReviewPanel, LLC," "We," "Us" or "Our"), a Delaware limited liability corporation with offices located at 655 Deerfield Rd. #100-193 deerfield, ILLINOIS 60015, and the person specified on the Program member account summary page, described below, or the person who has attempted to enroll as a member ("Member," "You," "Your" or "Yourself"). The Agreement governs Your use of the Website and Your participation in the membership rewards program operated by MagazineReviewPanel ("Program"). MagazineReviewPanel is a service mark of MagazineReviewPanel, LLC. The Website is an Internet property of MagazineReviewPanel, LLC.
WE MAY AMEND THE AGREEMENT FROM TIME TO TIME IN OUR SOLE DISCRETION, WITHOUT SPECIFIC NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE AND/OR PROGRAM CONSTITUTES YOUR AGREEMENT TO ANY AND ALL CHANGES TO THE AGREEMENT IN EFFECT AT THAT TIME. THE LATEST AGREEMENT WILL BE POSTED ON THE WEBSITE. PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES, AS THE THEN-CURRENT VERSION OF THE AGREEMENT APPLIES EACH TIME THAT YOU USE THE WEBSITE AND/OR PROGRAM.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
WE MAY AMEND THE AGREEMENT FROM TIME TO TIME IN OUR SOLE DISCRETION, WITHOUT SPECIFIC NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE AND/OR PROGRAM CONSTITUTES YOUR AGREEMENT TO ANY AND ALL CHANGES TO THE AGREEMENT IN EFFECT AT THAT TIME. THE LATEST AGREEMENT WILL BE POSTED ON THE WEBSITE. PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES, AS THE THEN-CURRENT VERSION OF THE AGREEMENT APPLIES EACH TIME THAT YOU USE THE WEBSITE AND/OR PROGRAM.
UPON YOUR USE OF THE WEBSITE AND/OR ENROLLMENT OR ATTEMPTED ENROLLMENT IN THE MagazineReviewPanel PROGRAM, YOU AGREE TO THE AGREEMENT IN ITS ENTIRETY. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT, OR IF ANY OR ALL OF SUCH TERMS AND CONDITIONS ARE PROHIBITED WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE, THE PROGRAM OR ANY INFORMATION CONTAINED ON THE WEBSITE. IF YOU HAVE ANY QUESTIONS, VISIT THE "CONTACT US" SECTION OF THE WEBSITE TO SUBMIT QUESTIONS TO OUR CUSTOMER SERVICE REPRESENTATIVES.
1. MANDATORY ARBITRATION
You understand and agree that all claims, disputes or controversies between You and MagazineReviewPanel, LLC and its parents, subsidiaries or related companies including, but not limited to, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability itself, shall be resolved by final and binding arbitration using the American Arbitration Association's (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in effect on the date of initiation of the arbitration, except insofar as those AAA Rules conflict with or differ from the Agreement, in which case the terms of the Agreement shall prevail and control. The arbitration shall be conducted in New York, New York and shall be presided over by one (1) or more arbitrators appointed in accordance with the AAA Rules. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator(s) and not by a court of law. Any award rendered shall be final and conclusive to the parties and a judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction over the subject matter thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforceability, and proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA"). Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, to the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against MagazineReviewPanel, LLC or its employees, officers, directors, members, representatives or assigns (collectively, “Covered Parties”). You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney's fees and court costs that MagazineReviewPanel, LLC and the Covered Parties incur in seeking such relief. You voluntarily and knowingly waive any right that You may have to a jury trial.
2.1 How to Enroll. To enroll in the Program, click the "Submit" button on the Website and follow the steps to register, including providing the information requested on the form (“Requested Data”) and answering the survey questions provided during enrollment (“Survey Questions” and together with the Requested Data, the ”Registration Data”). If MagazineReviewPanel, LLC approves Your application for Membership, MagazineReviewPanel, LLC will activate Your specific account (“Member Account”). In connection with setting up Your Member Account, You must provide the following information in order to access Your Member Account: (a) user name; and (b) password. Only one email address is allowed per person.
2.3 Accurate Information. In consideration for Your access to the Program, You agree to provide true, accurate and current Registration Data, as requested via the registration forms and Survey Questions featured on the Website, and you agree to promptly update such Registration Data in Your Member Account should any of Your Registration Data change or should additional information be required by MagazineReviewPanel, LLC or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the Registration Data provided by You in connection with enrollment and/or continued Membership in the Program.
2.4 Refusal of Enrollment. To the full extent allowed by applicable law, We, in Our sole discretion and for any or no reason, may refuse to accept applications for Membership. Employees, and others living in the same household as employees, of MagazineReviewPanel, LLC, its parent company and subsidiaries are not eligible for Membership in the Program.
2.5 Newsletters and Other Emails. By signing up for the Program, You are opting-in to receive Our newsletters by email, other special email offers and third-party marketing emails. If You do not wish to receive these emails, You may opt-out at any time, by following the directions in the newsletter/email or within the Member Account section of the Website. You may later elect to opt-in again by updating Your Member Account information preferences.
3. REQUIREMENTS FOR MEMBERSHIP
3.1 Requirements; Termination. To enroll in and maintain a Membership in the Program, You must meet the basic requirements listed below. We reserve the right to terminate the Membership of anyone: (a) who fails to meet these requirements on an ongoing basis; or (b) for any reason or no reason in Our sole and absolute discretion. If Your Membership is terminated for any reason, Your Member Account will be closed and its contents eliminated, and under no circumstances will You collect compensation or remuneration.
3.2 Age. The Website and Program are available only to individuals who can enter into legally binding contracts under applicable law. By registering on the Website, You certify that You are eighteen (18) years of age or older. If You are under eighteen (18) years of age, you do not have permission to use and/or access the Website and/or Program.
3.3 Approved Locations. The Program is currently available only in the United States of America. You must be a legal resident of the United States of America, have a physical mailing address in the United States of America throughout the term of Your Membership and be physically located within the United States of America while using the Program. Accessing the Website, Program and other services, products and/or content available on or through the Website from places outside the United States (unless expressly set forth herein to the contrary) or where the content is illegal, is prohibited. None of the information on the Website may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, Sierra Leone and/or Liberia, or to any group or entity designated as a terrorist organization, international narcotics trafficker, foreign terrorist organization, and/or other foreign persons that have engaged in, or will engage in, activities related to the proliferation of weapons of mass destruction or any other country, group or entity with restrictions imposed by the United States Government. By using the Website, You agree that You are not a citizen or resident of any of the aforementioned restricted countries, or a participant in any of the aforementioned restricted groups or entities. You agree that You shall comply with all applicable export and import control laws and regulations in connection with Your use of the Website, Program or the materials, products and/or services made available by and through the Website. Without limiting the generality of the foregoing, You shall not export or re-export anything available on, or received through, the Website in violation of local or foreign export laws and/or without all required United States and/or foreign governmental licenses, as applicable.
3.4 Inaccurate Information. If any Registration Data or other information that You provide is untrue, inaccurate, incomplete, not current, or if MagazineReviewPanel, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, MagazineReviewPanel, LLC, in its sole and absolute discretion, has the right to suspend or terminate Your Membership and refuse all current or future access to the Website and use of the Membership or any portion thereof. We are not responsible for lost Credits, payments, mail or communications due to Your failure to provide valid contact information or other accurate information.
3.5 Cookies. You must have cookies enabled so that We can record Your completion of Offers in connection with the Program. When seeking to complete an Offer on the website of a Sponsor in connection with the Program, You must remember to access the applicable Sponsor’s website through the Website to ensure that Your Member Account is credited with the applicable Credit.
IF YOU FAIL TO COMPLETE AN OFFER, OR WHERE YOUR COOKIES ARE DISABLED SUCH THAT WE CANNOT RECORD YOUR COMPLETED OFFER, YOU WILL NOT QUALIFY FOR THE APPLICABLE CREDIT.
3.6 Member Accounts are Non-Transferable. Your password, user ID and Member Account are personal to You and are not transferable. You may not allow anyone else to use Your user ID, password or Member Account, or to receive Credits earned by You. You may not use anyone else's user ID, password or account or act to accrue Credits for anyone else's completed Offers. You are responsible for keeping Your Member Account information secret. MagazineReviewPanel, LLC will not be liable for losses that are incurred through the use of Your Member Account by a third party or the disclosure of Your user ID, password or Member Account information.
3.7 Member Obligations. You shall not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of any part of the Website. You shall not use robots, scripts, spiders, crawlers or similar devices in connection with Your use of the Website. Any violation by You of the aforementioned prohibitions will result in immediate termination of Your Membership, loss of all accrued Credits and You will be permanently banned from future participation in the Program. Any decision made by MagazineReviewPanel, LLC relating to the termination of any Membership in cases of suspected abuse or violation of the Agreement shall be final and binding.
3.8 Your Relationship to MagazineReviewPanel, LLC. By providing the Membership information to enroll in or maintain a Membership in the Program, You are applying to receive a service. Your relationship to MagazineReviewPanel, LLC is one of an independent contractor and/or customer. No employee-employer relationship is created by or through Your use of the Website and/or Program.
4. OFFER COMPLETION REQUIREMENTS
4.1 Number of Offers. You must complete the following number of Sponsor Offers within the first one hundred and twenty (120) days following the date of Your initial enrollment in the Program in order to receive Credits of the corresponding value:
4.2 Credit Offers. Members will be limited to accumulating Credits in connection with the Program by completing the required number of Offers per group/category. The number of Offers per group/category, and the conditions for completion, are as defined on the Website. For example, if You complete two (2) credit card Offers within a group or category where You are only required to complete one (1) such credit card Offer, You will only receive Credit for the completion of one (1) Offer. No Member will be given additional Credit if he/she completes more than the required number of Offers per groups/categories as provided on the Website. In addition, if You complete a specific Offer more than once, You will receive Credit for only one (1) Offer. All Offers must be completed within the first one hundred and twenty (120) days following the date of Your initial enrollment in the Program in order to earn Credits. Any Offers completed after this one hundred and twenty (120) day period will not generate any Credits. Offers must be completed using the same information (including name, address, email address) as listed in your Member account. We reserve the right to deduct or remove additional Credits from Your Member Account if You do not comply with all applicable Program conditions. Violations of the Agreement may result in termination of Membership, loss of all Credits and a permanent ban on Your future participation in the Program and/or any other program operated by MagazineReviewPanel, LLC.
4.3 Waiting Period. You must remain an active Member for at least thirty (30) days in order to earn Credits in connection with the Program. In addition, there is a one hundred five (105) day period between the time that you complete an Offer and when Your Member Account is credited with the applicable Credit. If completed offers are not credited after 105 days you may contact Customer Support. You may be required to provide copies of confirmation emails and billing statements.
4.4 Credit Card Offers. For completion of credit card Offers, the applicable credit card must be activated and used by making a purchase, performing a balance transfer or acquiring a cash advance in order to get credit for completion of the Offer. You may complete only one (1) Discover® Card application Offer in connection with the Program.
4.5 Monitoring Your Member Account for Accrued Credits. You may view Your Member Account status on the Website. Your Member Account information will be updated as Credits are accrued and notice of completed Offers is provided to MagazineReviewPanel, LLC from the applicable Sponsor.
4.6 Member Accounts Subject to Change. Credits are subject to change and forfeit for returns, cancellations, chargebacks, bad debt and other events that negate the completion of the applicable Offer (collectively, “Chargebacks”). MagazineReviewPanel, LLC reserves the right to make any and all determinations with respect to Chargebacks in its sole and absolute discretion, and any and all such determinations shall be final and binding. If You disagree with any such Chargeback determination, Your sole option is to cancel Your Membership.
5. REDEMPTION REQUIREMENTS
5.1 Eligibility Requirements. In order to redeem a Gift after you have accrued the required number of Credits by completing the required number of Offers in the applicable groups/categories, You must be a Member in good standing in the Program, as well as timely provide and submit the following to MagazineReviewPanel, LLC: (a) Your email address; (b) Your current mailing address; (c) Your correct name; and (d) a completed prize redemption form (“Redemption Request Form”). The information provided by You must identically match the records maintained by MagazineReviewPanel, LLC in order for a Gift to be awarded. In the event of a dispute, the information maintained by MagazineReviewPanel, LLC will govern. These conditions are mandatory so that We can ensure that the Gift is sent to the correct person. The Gift will not be awarded or sent until these conditions are met. Non-compliance with the aforementioned requirements may result in forfeiture of the applicable Gift.
5.2 Redemption Time Limit. A link to the Redemption Request Form will appear in Your Member Account within ten (10) days after You have completed all Gift redemption eligibility requirements. To obtain Your Gift, You must submit the Redemption Request Form to MagazineReviewPanel, LLC within one hundred and twenty (120) days from the date of Your initial enrollment in the Program. Any Redemption Request Form that is postmarked after one hundred and twenty (120) days from the date that You enrolled in the Program will not meet the conditions for eligibility, and MagazineReviewPanel, LLC will not be obligated to award the Gift. Fulfillment based on the submission of a Redemption Request Form after one hundred and twenty (120) days is at the sole discretion of MagazineReviewPanel, LLC.
5.3 Gifts in Excess of $600.00. Should the value of Your Gift exceed Six Hundred Dollars ($600.00), You are responsible for providing a completed IRS W-9 form to MagazineReviewPanel, LLC to be eligible to receive such Gift. MagazineReviewPanel, LLC must receive Your completed IRS W-9 form for IRS reporting purposes before it may award or send Your Gift. The W-9 form must be mailed in the same envelope as your redemption form, and prior to account expiration. Your account will be disqualified if these requirements are not met.
5.4 Shipment of Gifts. Once You have met all of the eligibility requirements, MagazineReviewPanel, LLC will ship Your Gift to the mailing address that You provided during registration and on the Redemption Request Form. Be sure to use Your correct mailing address when submitting your Registration Data and completing the Redemption Request Form, and to update same as necessary. Allow six to eight (68) weeks for delivery.
6. GIFTS
6.1 Fulfillment. We are responsible for all Gift fulfillment. You agree not to contact Our Sponsors or companies providing the Gifts concerning the status of any Gift shipment or availability. Limit of one (1) Gift per person or household. In the event that a Gift is not received or arrives damaged or inoperable, please contact MagazineReviewPanel, LLC' customer service at support@MagazineReviewPanel.com.
6.2 Substitution. MagazineReviewPanel, LLC reserves the right to, at any time, substitute any Gift with another gift or reward of equal or greater value and of the same or similar purpose.
6.3 Physical Mailing of Gifts. Currently, the only way to receive Gifts from MagazineReviewPanel, LLC is via the mailing address provided by You via Your Registration Data and/or on the Redemption Request Form. In some cases, MagazineReviewPanel, LLC may not be able to ship to P.O. Boxes. In the future, We may initiate alternative methods of delivering Gifts (e.g., issue a credit to a credit card). We reserve the right to charge a fee for the mailing of Gifts as determined in our sole and absolute discretion.
6.4 Shipping and Processing Fees. MagazineReviewPanel, LLC reserves the right to pass on shipping and processing fees to You following repeated unsuccessful attempts to deliver Your Gift.
6.5 Cash Value. Unless otherwise stated, there is no cash redemption value for any type of Credit including, without limitation, "fast cash," points or rewards.
6.6 Your Relationship with Sponsors. We do not warranty, guarantee or ensure the quality of any Gift, or any product or service offered by any of the Sponsors. Your relationship with Sponsors featured on the Website, including completion of Offers, payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Sponsor. You agree not to hold MagazineReviewPanel, LLC liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Sponsors through the Program. When You complete Offers, You may be required to provide information to the applicable Sponsor on its website, or otherwise, and You should review the terms and conditions and privacy policy applicable to that Sponsor and/or website before providing information to the applicable Sponsor and/or website.
7. LICENSE/INTELLECTUAL PROPERTY
As a user of the Website, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Program and associated content in accordance with the Agreement.
8. TERMINATION AND CANCELLATION
8.1 Termination. MagazineReviewPanel, LLC, in its sole and absolute discretion, may terminate any Membership without prior notice for any reason or no reason at all, including without limitation: (a) any violation of any provision of the Agreement; (b) aiding in, or promoting, circumvention of the Program; (c) acting against Our business interests or reputation; (d) otherwise acting unlawfully in relationship to MagazineReviewPanel, LLC, the Website or the Program; or (e) inactivity (defined as the failure to earn any Credits in Your Member Account) for a continuous two (2) year period. If We terminate Your Membership, You may not re-enroll or join under a new Membership unless MagazineReviewPanel, LLC formally invites You to do so.
8.2 Loss of Credit. If We terminate Your Member Account for any reason or no reason, in Our sole and absolute discretion. We may refuse to honor some or all of the Credits attributed to Your Member Account if such amounts were earned in violation, or after a violation, of the Agreement or were otherwise unlawfully obtained by You.
8.3 Cancellation. You may cancel Your Membership at any time by notifying Us at support@MagazineReviewPanel.com or otherwise contacting Us through the Website. If You decide to cancel Your Membership and later re-enroll (subject to our approval of Your Application which, which may be denied in our sole and absolute discretion), You will be assigned a new account number.
8.4 End of Program. We may cease operating the Program and/or the Website, or providing any Offer, at any time and for any reason, in Our sole and absolute discretion. Upon cessation of the Program or Website, we will ship any Gifts previously earned, awarded but unshipped; provided, however, that all Credits in Your Member Account for which You have not yet become eligible for a Gift may be cancelled in Our discretion, or We may transfer such Credits to any other affiliated program or website in Our sole and absolute discretion.
9. WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, PROGRAM AND/OR GIFTS IS AT YOUR SOLE RISK. THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MagazineReviewPanel, LLC MAKES NO WARRANTY THAT: (A) THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE APPLICABLE GIFT WILL MEET WITH YOUR REQUIREMENTS AND/OR THAT ANY SPONSOR WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY AND SATISFACTORY MANNER; (D) YOU WILL QUALIFY FOR A GIFT BY COMPLETING ANY OF THE APPLICABLE OFFERS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL BE ACCURATE OR RELIABLE. THE WEBSITE, PROGRAMS, OFFERS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US, OR ONE OF OUR SPONSORS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE AND/OR PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MagazineReviewPanel, LLC, ANY SPONSORS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MagazineReviewPanel, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MagazineReviewPanel, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS; (B) THE USE OR INABILITY TO USE ANY GIFTS, AS WELL AS THE ASSOCIATED PERFORMANCE OR LACK OF PERFORMANCE ON THE PART OF ANY SPONSOR; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GIFTS, GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE OR VIA ANY SPONSOR; (D) THE FAILURE TO QUALIFY FOR A GIFT BY COMPLETING THE OFFERS AND COMPLYING WITH THE PROGRAM TERMS ESTABLISHED BY MagazineReviewPanel, LLC OR ANY SPONSOR, AS APPLICABLE; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (F) ANY OTHER MATTER RELATING TO THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE MagazineReviewPanel, LLC AND ALL OF MagazineReviewPanel, LLC’s SPONSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MagazineReviewPanel, LLC OR ANY SPONSOR TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE MagazineReviewPanel, LLC AND ALL OF MagazineReviewPanel, LLC ’s SPONSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 10. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MagazineReviewPanel, LLC. THE WEBSITE, PROGRAMS, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES OFFERED BY US AND OUR SPONSORS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. GOVERNING LAW AND OTHER TERMS
11.1 New York State Law and Jurisdiction. ANY ACTION RELATED TO THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. Any action relating to the Agreement as permitted outside of the Mandatory Arbitration described above shall be brought in the state or federal courts located in New York, New York, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of the State of New York and the United States of America that apply to the use of the Website, Program, Offers and Gifts and the compensation You may receive in connection therewith. If the law of Your residence prohibits or limits Your participation in the Program, then You are responsible for complying with such laws and You agree to indemnify Us against any breach or violation thereof.
11.2 Enforceability; No Assignment. If any part of the Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. The Agreement is personal to You and You may not transfer, delegate or assign the Agreement, Your Membership, Credits or other benefits that You may earn as a Member to anyone. Any attempt by You to assign or delegate the Agreement shall be null and void. We may assign the Agreement at will in Our sole and absolute discretion.
11.3 Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website, Program, Offers and related attempts to acquire Credits. Terms that, by their nature, would survive any termination or expiration of the Agreement shall survive any termination or expiration of the Agreement. MagazineReviewPanel, LLC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11.4 Third Party Websites. The Website may provide, third parties may provide and/or refer You to, links to other Internet websites and/or resources. MagazineReviewPanel, LLC does not control the information, products or services available on these third party websites and/or resources. The inclusion of any link on the Website does not imply endorsement by MagazineReviewPanel, LLC of the applicable websites and/or resources or any association with the websites’ operators. Because MagazineReviewPanel, LLC has no control over such websites and resources, You agree that MagazineReviewPanel, LLC is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of Your data privacy by third parties. Any dealings with, or participation in promotions offered by, Sponsors on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the applicable Sponsor or other third party. You further agree that MagazineReviewPanel, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party website or any such dealings or promotions.
11.5 Indemnification. You agree to indemnify and hold MagazineReviewPanel, LLC, its Sponsors, their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Website, Program, Offers and/or Gifts; (b) Your breach of the Agreement; and/or (c) Your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MagazineReviewPanel, LLC, its Sponsors, their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf. MagazineReviewPanel, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with MagazineReviewPanel, LLC in asserting any available defenses.
12. SECURITY
12.1 Standard Procedures. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, We utilize appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, monitoring technology and adaptive analysis of network traffic to track abuse of Our network and data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our Sponsors and You do so at Your own risk.
12.2 No Tampering. You agree not to tamper with the proper functioning and tracking of the Website or Program. Emulating or generating fraudulent search usage and Website visits will lead to termination of Your Member Account and may result in legal action.
12.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO THE WEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
13. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between You and Us in connection with your use of the Website and/or Membership in the Program and supersedes all prior understandings and agreements between the parties regarding the subject matter contained herein. In the event of a conflict between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall prevail in all respects. In the event of a conflict between these Terms and Conditions and the material appearing on the Website, these Terms and Conditions shall prevail in all respects. No failure of either party to exercise or enforce any of its rights under the Agreement will act as a waiver of such rights.
MagazineReviewPanel, LLC may terminate this license at any time and for any reason, in its sole and absolute discretion. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content (as defined below) or any portion thereof. Your right to use the Website is not transferable. You acknowledge and agree that: (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications and enhancements thereto ("Content") is the copyrighted work of MagazineReviewPanel, LLC or its third party content suppliers and is protected by copyright laws; (b) MagazineReviewPanel's name, MagazineReviewPanel, LLC’s name, the domain www.MagazineReviewPanel.com, the MagazineReviewPanel logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of MagazineReviewPanel, LLC (collectively, "Marks"); and (c) all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree that You will not use any such Content or Marks contained on the Website for any purpose without the appropriate prior written authorization. Systematic retrieval of Content or other material from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MagazineReviewPanel, LLC is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed at or through the Website. The posting of information or material on the Website by MagazineReviewPanel, LLC does not constitute a waiver of any right in or to such information and/or materials. MagazineReviewPanel, LLC reserves any and all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure. Allow four to six (4 – 6) weeks for Your Member Account status on the website to correctly reflect Your credits accumulated through the Program. If You have a question about Your Member Account status, please email support@MagazineReviewPanel.com.
THE AGREEMENT FROM TIME TO TIME IN OUR SOLE DISCRETION, WITHOUT SPECIFIC NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE AND/OR PROGRAM CONSTITUTES YOUR AGREEMENT TO ANY AND ALL CHANGES TO THE AGREEMENT IN EFFECT AT THAT TIME. THE LATEST AGREEMENT WILL BE POSTED ON THE WEBSITE. PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES, AS THE THEN-CURRENT VERSION OF THE AGREEMENT APPLIES EACH TIME THAT YOU USE THE WEBSITE AND/OR PROGRAM.2. STEPS TO ENROLL
2.1 How to Enroll. To enroll in the Program, click the "Submit" button on the Website and follow the steps to register, including providing the information requested on the form (“Requested Data”) and answering the survey questions provided during enrollment (“Survey Questions” and together with the Requested Data, the ”Registration Data”). If MagazineReviewPanel, LLC approves Your application for Membership, MagazineReviewPanel, LLC will activate Your specific account (“Member Account”). In connection with setting up Your Member Account, You must provide the following information in order to access Your Member Account: (a) user name; and (b) password. Only one email address is allowed per person.
2.2 Credits. If You are accepted as a Member of the Program, and continue to meet all of the requirements set forth in the Agreement and otherwise on the Website, You may earn credits, points and/or rebates (each a "Credit") that may be redeemed for certain available gifts and/or rewards (“Gifts”). Credits can be earned in connection with Your participation in the Program by making purchases at, or signing up for offers featured on, the Website or the websites of third party merchant partners ("Sponsors") linked to from the Website, as applicable (each such completed action, an “Offer”). The Credits are made available and serviced by the Sponsors. Certain restrictions may apply to the Credits, as well as other terms and conditions, as determined by the applicable Sponsor. The Credits are subject to termination, suspension or modification in the applicable Sponsor’s sole discretion. These offers must be completed using the same information (including name, address, email address) as listed in Your Member Account.
2.3 Accurate Information. In consideration for Your access to the Program, You agree to provide true, accurate and current Registration Data, as requested via the registration forms and Survey Questions featured on the Website, and you agree to promptly update such Registration Data in Your Member Account should any of Your Registration Data change or should additional information be required by MagazineReviewPanel, LLC or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the Registration Data provided by You in connection with enrollment and/or continued Membership in the Program.
2.4 Refusal of Enrollment. To the full extent allowed by applicable law, We, in Our sole discretion and for any or no reason, may refuse to accept applications for Membership. Employees, and others living in the same household as employees, of MagazineReviewPanel, LLC, its parent company and subsidiaries are not eligible for Membership in the Program.
2.5 Newsletters and Other Emails. By signing up for the Program, You are opting-in to receive Our newsletters by email, other special email offers and third-party marketing emails. If You do not wish to receive these emails, You may opt-out at any time, by following the directions in the newsletter/email or within the Member Account section of the Website. You may later elect to opt-in again by updating Your Member Account information preferences.
3. REQUIREMENTS FOR MEMBERSHIP
3.1 Requirements; Termination. To enroll in and maintain a Membership in the Program, You must meet the basic requirements listed below. We reserve the right to terminate the Membership of anyone: (a) who fails to meet these requirements on an ongoing basis; or (b) for any reason or no reason in Our sole and absolute discretion. If Your Membership is terminated for any reason, Your Member Account will be closed and its contents eliminated, and under no circumstances will You collect compensation or remuneration.
3.2 Age. The Website and Program are available only to individuals who can enter into legally binding contracts under applicable law. By registering on the Website, You certify that You are eighteen (18) years of age or older. If You are under eighteen (18) years of age, you do not have permission to use and/or access the Website and/or Program.
3.3 Approved Locations. The Program is currently available only in the United States of America. You must be a legal resident of the United States of America, have a physical mailing address in the United States of America throughout the term of Your Membership and be physically located within the United States of America while using the Program. Accessing the Website, Program and other services, products and/or content available on or through the Website from places outside the United States (unless expressly set forth herein to the contrary) or where the content is illegal, is prohibited. None of the information on the Website may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, Sierra Leone and/or Liberia, or to any group or entity designated as a terrorist organization, international narcotics trafficker, foreign terrorist organization, and/or other foreign persons that have engaged in, or will engage in, activities related to the proliferation of weapons of mass destruction or any other country, group or entity with restrictions imposed by the United States Government. By using the Website, You agree that You are not a citizen or resident of any of the aforementioned restricted countries, or a participant in any of the aforementioned restricted groups or entities. You agree that You shall comply with all applicable export and import control laws and regulations in connection with Your use of the Website, Program or the materials, products and/or services made available by and through the Website. Without limiting the generality of the foregoing, You shall not export or re-export anything available on, or received through, the Website in violation of local or foreign export laws and/or without all required United States and/or foreign governmental licenses, as applicable.
3.4 Inaccurate Information. If any Registration Data or other information that You provide is untrue, inaccurate, incomplete, not current, or if MagazineReviewPanel, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, MagazineReviewPanel, LLC, in its sole and absolute discretion, has the right to suspend or terminate Your Membership and refuse all current or future access to the Website and use of the Membership or any portion thereof. We are not responsible for lost Credits, payments, mail or communications due to Your failure to provide valid contact information or other accurate information.
3.5 Cookies. You must have cookies enabled so that We can record Your completion of Offers in connection with the Program. When seeking to complete an Offer on the website of a Sponsor in connection with the Program, You must remember to access the applicable Sponsor’s website through the Website to ensure that Your Member Account is credited with the applicable Credit.
IF YOU FAIL TO COMPLETE AN OFFER, OR WHERE YOUR COOKIES ARE DISABLED SUCH THAT WE CANNOT RECORD YOUR COMPLETED OFFER, YOU WILL NOT QUALIFY FOR THE APPLICABLE CREDIT.
3.6 Member Accounts are Non-Transferable. Your password, user ID and Member Account are personal to You and are not transferable. You may not allow anyone else to use Your user ID, password or Member Account, or to receive Credits earned by You. You may not use anyone else's user ID, password or account or act to accrue Credits for anyone else's completed Offers. You are responsible for keeping Your Member Account information secret. MagazineReviewPanel, LLC will not be liable for losses that are incurred through the use of Your Member Account by a third party or the disclosure of Your user ID, password or Member Account information.
3.7 Member Obligations. You shall not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of any part of the Website. You shall not use robots, scripts, spiders, crawlers or similar devices in connection with Your use of the Website. Any violation by You of the aforementioned prohibitions will result in immediate termination of Your Membership, loss of all accrued Credits and You will be permanently banned from future participation in the Program. Any decision made by MagazineReviewPanel, LLC relating to the termination of any Membership in cases of suspected abuse or violation of the Agreement shall be final and binding.
3.8 Your Relationship to MagazineReviewPanel, LLC. By providing the Membership information to enroll in or maintain a Membership in the Program, You are applying to receive a service. Your relationship to MagazineReviewPanel, LLC is one of an independent contractor and/or customer. No employee-employer relationship is created by or through Your use of the Website and/or Program.
4. OFFER COMPLETION REQUIREMENTS
4.1 Number of Offers. You must complete the following number of Sponsor Offers within the first one hundred and twenty (120) days following the date of Your initial enrollment in the Program in order to receive Credits of the corresponding value:
4.2 Credit Offers. Members will be limited to accumulating Credits in connection with the Program by completing the required number of Offers per group/category. The number of Offers per group/category, and the conditions for completion, are as defined on the Website. For example, if You complete two (2) credit card Offers within a group or category where You are only required to complete one (1) such credit card Offer, You will only receive Credit for the completion of one (1) Offer. No Member will be given additional Credit if he/she completes more than the required number of Offers per groups/categories as provided on the Website. In addition, if You complete a specific Offer more than once, You will receive Credit for only one (1) Offer. All Offers must be completed within the first one hundred and twenty (120) days following the date of Your initial enrollment in the Program in order to earn Credits. Any Offers completed after this one hundred and twenty (120) day period will not generate any Credits. Offers must be completed using the same information (including name, address, email address) as listed in your Member account. We reserve the right to deduct or remove additional Credits from Your Member Account if You do not comply with all applicable Program conditions. Violations of the Agreement may result in termination of Membership, loss of all Credits and a permanent ban on Your future participation in the Program and/or any other program operated by MagazineReviewPanel, LLC.
4.3 Waiting Period. You must remain an active Member for at least thirty (30) days in order to earn Credits in connection with the Program. In addition, there is a one hundred five (105) day period between the time that you complete an Offer and when Your Member Account is credited with the applicable Credit. If completed offers are not credited after 105 days you may contact Customer Support. You may be required to provide copies of confirmation emails and billing statements.
4.4 Credit Card Offers. For completion of credit card Offers, the applicable credit card must be activated and used by making a purchase, performing a balance transfer or acquiring a cash advance in order to get credit for completion of the Offer. You may complete only one (1) Discover® Card application Offer in connection with the Program.
4.5 Monitoring Your Member Account for Accrued Credits. You may view Your Member Account status on the Website. Your Member Account information will be updated as Credits are accrued and notice of completed Offers is provided to MagazineReviewPanel, LLC from the applicable Sponsor.
4.6 Member Accounts Subject to Change. Credits are subject to change and forfeit for returns, cancellations, chargebacks, bad debt and other events that negate the completion of the applicable Offer (collectively, “Chargebacks”). MagazineReviewPanel, LLC reserves the right to make any and all determinations with respect to Chargebacks in its sole and absolute discretion, and any and all such determinations shall be final and binding. If You disagree with any such Chargeback determination, Your sole option is to cancel Your Membership.
5. REDEMPTION REQUIREMENTS
5.1 Eligibility Requirements. In order to redeem a Gift after you have accrued the required number of Credits by completing the required number of Offers in the applicable groups/categories, You must be a Member in good standing in the Program, as well as timely provide and submit the following to MagazineReviewPanel, LLC: (a) Your email address; (b) Your current mailing address; (c) Your correct name; and (d) a completed prize redemption form (“Redemption Request Form”). The information provided by You must identically match the records maintained by MagazineReviewPanel, LLC in order for a Gift to be awarded. In the event of a dispute, the information maintained by MagazineReviewPanel, LLC will govern. These conditions are mandatory so that We can ensure that the Gift is sent to the correct person. The Gift will not be awarded or sent until these conditions are met. Non-compliance with the aforementioned requirements may result in forfeiture of the applicable Gift.
5.2 Redemption Time Limit. A link to the Redemption Request Form will appear in Your Member Account within ten (10) days after You have completed all Gift redemption eligibility requirements. To obtain Your Gift, You must submit the Redemption Request Form to MagazineReviewPanel, LLC within one hundred and twenty (120) days from the date of Your initial enrollment in the Program. Any Redemption Request Form that is postmarked after one hundred and twenty (120) days from the date that You enrolled in the Program will not meet the conditions for eligibility, and MagazineReviewPanel, LLC will not be obligated to award the Gift. Fulfillment based on the submission of a Redemption Request Form after one hundred and twenty (120) days is at the sole discretion of MagazineReviewPanel, LLC.
5.3 Gifts in Excess of $600.00. Should the value of Your Gift exceed Six Hundred Dollars ($600.00), You are responsible for providing a completed IRS W-9 form to MagazineReviewPanel, LLC to be eligible to receive such Gift. MagazineReviewPanel, LLC must receive Your completed IRS W-9 form for IRS reporting purposes before it may award or send Your Gift. The W-9 form must be mailed in the same envelope as your redemption form, and prior to account expiration. Your account will be disqualified if these requirements are not met.
5.4 Shipment of Gifts. Once You have met all of the eligibility requirements, MagazineReviewPanel, LLC will ship Your Gift to the mailing address that You provided during registration and on the Redemption Request Form. Be sure to use Your correct mailing address when submitting your Registration Data and completing the Redemption Request Form, and to update same as necessary. Allow six to eight (68) weeks for delivery.
6. GIFTS
6.1 Fulfillment. We are responsible for all Gift fulfillment. You agree not to contact Our Sponsors or companies providing the Gifts concerning the status of any Gift shipment or availability. Limit of one (1) Gift per person or household. In the event that a Gift is not received or arrives damaged or inoperable, please contact MagazineReviewPanel, LLC' customer service at support@MagazineReviewPanel.com.
6.2 Substitution. MagazineReviewPanel, LLC reserves the right to, at any time, substitute any Gift with another gift or reward of equal or greater value and of the same or similar purpose.
6.3 Physical Mailing of Gifts. Currently, the only way to receive Gifts from MagazineReviewPanel, LLC is via the mailing address provided by You via Your Registration Data and/or on the Redemption Request Form. In some cases, MagazineReviewPanel, LLC may not be able to ship to P.O. Boxes. In the future, We may initiate alternative methods of delivering Gifts (e.g., issue a credit to a credit card). We reserve the right to charge a fee for the mailing of Gifts as determined in our sole and absolute discretion.
6.4 Shipping and Processing Fees. MagazineReviewPanel, LLC reserves the right to pass on shipping and processing fees to You following repeated unsuccessful attempts to deliver Your Gift.
6.5 Cash Value. Unless otherwise stated, there is no cash redemption value for any type of Credit including, without limitation, "fast cash," points or rewards.
6.6 Your Relationship with Sponsors. We do not warranty, guarantee or ensure the quality of any Gift, or any product or service offered by any of the Sponsors. Your relationship with Sponsors featured on the Website, including completion of Offers, payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Sponsor. You agree not to hold MagazineReviewPanel, LLC liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Sponsors through the Program. When You complete Offers, You may be required to provide information to the applicable Sponsor on its website, or otherwise, and You should review the terms and conditions and privacy policy applicable to that Sponsor and/or website before providing information to the applicable Sponsor and/or website.
7. LICENSE/INTELLECTUAL PROPERTY
As a user of the Website, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Program and associated content in accordance with the Agreement.
8. TERMINATION AND CANCELLATION
8.1 Termination. MagazineReviewPanel, LLC, in its sole and absolute discretion, may terminate any Membership without prior notice for any reason or no reason at all, including without limitation: (a) any violation of any provision of the Agreement; (b) aiding in, or promoting, circumvention of the Program; (c) acting against Our business interests or reputation; (d) otherwise acting unlawfully in relationship to MagazineReviewPanel, LLC, the Website or the Program; or (e) inactivity (defined as the failure to earn any Credits in Your Member Account) for a continuous two (2) year period. If We terminate Your Membership, You may not re-enroll or join under a new Membership unless MagazineReviewPanel, LLC formally invites You to do so.
8.2 Loss of Credit. If We terminate Your Member Account for any reason or no reason, in Our sole and absolute discretion. We may refuse to honor some or all of the Credits attributed to Your Member Account if such amounts were earned in violation, or after a violation, of the Agreement or were otherwise unlawfully obtained by You.
8.3 Cancellation. You may cancel Your Membership at any time by notifying Us at support@MagazineReviewPanel.com or otherwise contacting Us through the Website. If You decide to cancel Your Membership and later re-enroll (subject to our approval of Your Application which, which may be denied in our sole and absolute discretion), You will be assigned a new account number.
8.4 End of Program. We may cease operating the Program and/or the Website, or providing any Offer, at any time and for any reason, in Our sole and absolute discretion. Upon cessation of the Program or Website, we will ship any Gifts previously earned, awarded but unshipped; provided, however, that all Credits in Your Member Account for which You have not yet become eligible for a Gift may be cancelled in Our discretion, or We may transfer such Credits to any other affiliated program or website in Our sole and absolute discretion.
9. WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, PROGRAM AND/OR GIFTS IS AT YOUR SOLE RISK. THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MagazineReviewPanel, LLC MAKES NO WARRANTY THAT: (A) THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE APPLICABLE GIFT WILL MEET WITH YOUR REQUIREMENTS AND/OR THAT ANY SPONSOR WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY AND SATISFACTORY MANNER; (D) YOU WILL QUALIFY FOR A GIFT BY COMPLETING ANY OF THE APPLICABLE OFFERS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS WILL BE ACCURATE OR RELIABLE. THE WEBSITE, PROGRAMS, OFFERS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US, OR ONE OF OUR SPONSORS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE AND/OR PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MagazineReviewPanel, LLC, ANY SPONSORS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MagazineReviewPanel, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MagazineReviewPanel, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS; (B) THE USE OR INABILITY TO USE ANY GIFTS, AS WELL AS THE ASSOCIATED PERFORMANCE OR LACK OF PERFORMANCE ON THE PART OF ANY SPONSOR; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GIFTS, GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE OR VIA ANY SPONSOR; (D) THE FAILURE TO QUALIFY FOR A GIFT BY COMPLETING THE OFFERS AND COMPLYING WITH THE PROGRAM TERMS ESTABLISHED BY MagazineReviewPanel, LLC OR ANY SPONSOR, AS APPLICABLE; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (F) ANY OTHER MATTER RELATING TO THE WEBSITE, PROGRAM, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR SPONSORS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE MagazineReviewPanel, LLC AND ALL OF MagazineReviewPanel, LLC’s SPONSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MagazineReviewPanel, LLC OR ANY SPONSOR TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE MagazineReviewPanel, LLC AND ALL OF MagazineReviewPanel, LLC ’s SPONSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 10. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MagazineReviewPanel, LLC. THE WEBSITE, PROGRAMS, OFFERS, GIFTS AND ANY PRODUCTS AND/OR SERVICES OFFERED BY US AND OUR SPONSORS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. GOVERNING LAW AND OTHER TERMS
11.1 New York State Law and Jurisdiction. ANY ACTION RELATED TO THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. Any action relating to the Agreement as permitted outside of the Mandatory Arbitration described above shall be brought in the state or federal courts located in New York, New York, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of the State of New York and the United States of America that apply to the use of the Website, Program, Offers and Gifts and the compensation You may receive in connection therewith. If the law of Your residence prohibits or limits Your participation in the Program, then You are responsible for complying with such laws and You agree to indemnify Us against any breach or violation thereof.
11.2 Enforceability; No Assignment. If any part of the Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. The Agreement is personal to You and You may not transfer, delegate or assign the Agreement, Your Membership, Credits or other benefits that You may earn as a Member to anyone. Any attempt by You to assign or delegate the Agreement shall be null and void. We may assign the Agreement at will in Our sole and absolute discretion.
11.3 Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website, Program, Offers and related attempts to acquire Credits. Terms that, by their nature, would survive any termination or expiration of the Agreement shall survive any termination or expiration of the Agreement. MagazineReviewPanel, LLC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11.4 Third Party Websites. The Website may provide, third parties may provide and/or refer You to, links to other Internet websites and/or resources. MagazineReviewPanel, LLC does not control the information, products or services available on these third party websites and/or resources. The inclusion of any link on the Website does not imply endorsement by MagazineReviewPanel, LLC of the applicable websites and/or resources or any association with the websites’ operators. Because MagazineReviewPanel, LLC has no control over such websites and resources, You agree that MagazineReviewPanel, LLC is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of Your data privacy by third parties. Any dealings with, or participation in promotions offered by, Sponsors on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the applicable Sponsor or other third party. You further agree that MagazineReviewPanel, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party website or any such dealings or promotions.
11.5 Indemnification. You agree to indemnify and hold MagazineReviewPanel, LLC, its Sponsors, their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Website, Program, Offers and/or Gifts; (b) Your breach of the Agreement; and/or (c) Your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MagazineReviewPanel, LLC, its Sponsors, their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf. MagazineReviewPanel, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with MagazineReviewPanel, LLC in asserting any available defenses.
12. SECURITY
12.1 Standard Procedures. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, We utilize appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, monitoring technology and adaptive analysis of network traffic to track abuse of Our network and data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our Sponsors and You do so at Your own risk.
12.2 No Tampering. You agree not to tamper with the proper functioning and tracking of the Website or Program. Emulating or generating fraudulent search usage and Website visits will lead to termination of Your Member Account and may result in legal action.
12.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO THE WEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
13. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between You and Us in connection with your use of the Website and/or Membership in the Program and supersedes all prior understandings and agreements between the parties regarding the subject matter contained herein. In the event of a conflict between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall prevail in all respects. In the event of a conflict between these Terms and Conditions and the material appearing on the Website, these Terms and Conditions shall prevail in all respects. No failure of either party to exercise or enforce any of its rights under the Agreement will act as a waiver of such rights.
If You have questions about the Program, any Offer, Sponsor, Program-completion requirements, Gift, Credits, the Website or the Agreement, please contact support@MagazineReviewPanel.com.
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