- Acceptance of Terms.
This website located at http://www.specialsagent.com
(the Site) is provided by Ground Level Technologies, LLC D/B/A Specials Agent
(Specials Agent) subject to your acceptance of the following Terms of Service
(TOS) which may be updated by Specials Agent from time to time without notice
to you. Specials Agent reserves the right to deny access to the Site to any person
who violates the TOS.
You can review the most current version of the TOS at any time at this page:
http://www.specialsagent.com/terms.aspx. Your permission to access and use
this Site is contingent upon your acceptance of the terms and conditions set forth
in this TOS. In consideration of your use of the Site, you represent that you are
of legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdictions.
You accept the terms and conditions of this TOS by: (a) accessing, browsing, or
viewing the Site; (b) downloading or accessing any Specials Agent product via this
Site, or (c) using this Site in any other manner.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
- Modifying these Terms. Specials Agent reserves the right to change
the TOS at any time in its discretion and to notify users of any such changes solely
by changing these TOS. Your continued use of the Site after the posting of any amended
TOS shall constitute your agreement to be bound by any such changes. Your use of
the Site prior to the time these TOS were posted will be governed according to the
TOS that applied at the time of your use.
- Returns Policy.
Returns are handled on a case-by-case basis. Refund is guaranteed if the hosting
venue for a SpecialOp goes out of business or refuses to honor the redemption of
SpecialOps collectively.
To contact Specials Agent regarding a refund, please use one of the contact methods
presented at this page: http://www.specialsagent.com/contact.aspx.
- Copyright.
All information, content, services and software displayed on, transmitted through,
or used in connection with the Site, with the exception of User Content as defined
below, including for example directories, specials listings, reviews, menus, guides,
text, photographs, images, illustrations, audio clips, video, html, source and object
code, trademarks, logos, and the like (collectively, the Content), as well
as its selection and arrangement, is owned by Specials Agent, and/or its affiliated
companies, licensors and suppliers. You may use the Content online only, and solely
for your personal, non-commercial use, and you may download or print a single copy
of any portion of the Content solely for your personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice from such Content. If
you operate a Web site and wish to link to the Site, you may do so provided you
agree to cease such link upon request from Specials Agent. No other use is permitted
without prior written permission of Specials Agent. The permitted use described
in this Paragraph is contingent on your compliance at all times with the TOS.
You may not republish any portion of the Content on any Internet, Intranet or extranet
site or incorporate the Content in any database, compilation, archive or cache.
You may not distribute any Content to others, whether or not for payment or other
consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell,
publish, transmit, display or otherwise use any portion of the Content. You may
not scrape or otherwise copy our Content without permission. You agree not to decompile,
reverse engineer or disassemble any software or other products or processes accessible
through the Site, not to insert any code or product or manipulate the content of
the Site in any way that affects the user's experience, and not to use any data
mining, data gathering or extraction method.
Only a client provided with a written and signed redistribution license (the Redistribution
License) may distribute the Content, and then only in the manner authorized
in the Redistribution License. To the extent that a client archives or redistributes
the Content, the client must obtain all required approvals for such archiving and
redistribution and upon request provide copies of such approvals to Specials Agent.
Requests to use Content for any purpose other than as permitted in these TOS should
be made using one of the contact methods presented at this page:
http://www.specialsagent.com/contact.aspx.
- Registration.
Registration is not required to view certain Content. However, you are required
to register if you wish to post a comment or upload a video, or view certain other
Content. If you become a registered member of the Site, you accept responsibility
for all activities that occur under your registration account. You agree to provide
true, accurate, complete, and correct information at the time of registration, and
to promptly update this information as needed so that it remains true, accurate,
complete, and correct. We reserve the right to terminate your access and use of
the Site, if individuals from more than one household access the Site using any
single registration account. You are responsible for maintaining the confidentiality
of your password and for restricting access to your computer so others outside your
household may not access the Site using your name in whole or in part without our
permission. If you believe someone has accessed the Site using your registration
account and password without your authorization, e-mail us immediately using the
email address listed at this page: http://www.specialsagent.com/contact.aspx.
- Use of Information by Specials Agent.
You acknowledge, consent and agree that Specials Agent may preserve and disclose
your registration account information and the contents of your online communications
if required to do so by law, or in good faith belief that preservation and/or disclosure
is reasonably necessary for the following purposes: (1) to comply with legal process,
such as a court order, search warrant, or subpoena; (2) to enforce the terms of
this TOS; (3) to render service you request; (4) to protect the rights or property
of Specials Agent and its third party suppliers and licensors; or (5) in circumstances
that we deem, in our sole discretion, to pose a threat to the safety of you or others.
- User Content Representations and Warranties.
By placing material on the Site, including but not limited to posting content or
communications to any Specials Agent bulletin board, forum, blogspace, message or
chat area, or posting text, images, audio files or other audio-visual content to
the Site (User Content), you represent and warrant: (1) you own or otherwise
have all necessary rights to the User Content you provide and the rights to provide
it under these TOS; and, (2) the User Content will not cause injury to any person
or entity. Using a name other than your own legal name in association with the submission
of User Content is prohibited (except in those specific areas of the Site that specifically
ask for unique, fictitious names).
- User Content License.
For all User Content you post, upload, or otherwise make available (Provide)
to Specials Agent, you grant Specials Agent, its affiliates and related entities,
a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully
sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform,
publicly display, modify, adapt, translate, archive, store, and create derivative
works from such User Content, in any form, format, or medium, of any kind now known
or later developed. Without limiting the generality of the previous sentence, you
authorize Specials Agent to share the User Content across all Web sites and other
media affiliated with Specials Agent, to include the User Content in a searchable
format accessible by users of the Site and other Specials Agent web sites, to place
advertisements in close proximity to such User Content, and to use your name, likeness
and any other information in connection with its use of the material you provide.
You waive all moral rights with respect to any User Content you provide to Specials
Agent. You also grant Specials Agent the right to use any material, information,
ideas, concepts, know-how or techniques contained in any communication you provide
or otherwise submit to us for any purpose whatsoever, including but not limited
to, commercial purposes, and developing, manufacturing and marketing commercial
products using such information. All rights in this paragraph are granted without
the need for additional compensation of any sort to you.
- User Content Screening and Removal.
You acknowledge that Specials Agent and/or its designees may or may not pre-screen
User Content, and shall have the right (but not the obligation), in their sole discretion,
to move, remove, block, edit, or refuse any User Content for any reason, including
without limitation that such User Content violates these TOS or is otherwise objectionable.
- User Content Assumption of Risk.
Specials Agent cannot and does not monitor or manage all User Content, and does
not guarantee the accuracy, integrity, or quality of User Content. All User Content
provided to Specials Agent is the sole responsibility of the person who provided
it. This means that you are entirely responsible for all User Content that you provide.
To protect your safety, please use your best judgment when using Specials Agent
forums. We discourage divulging personal phone numbers and addresses or other information
that can be used to identify or locate you. You acknowledge and agree that if you
make such disclosures either through posting on any bulletin board, forum, blogspace,
message or chat area, or uploading text, images, audio files or other audio-visual
content, in classified advertising you place or in other interactive areas, or to
third parties in any communication, you do so fully understanding that such information
could be used to identify you.
- User Content Posting Rules.
Any decisions as to whether User Content violates any Posting Rule will be made
by Specials Agent in its sole discretion and after we have actual notice of such
posting. When you provide User Content, you agree to the following Posting Rules:
- If User Content includes the photo or video depiction of any children under the
age of 13, you affirm that you have written permission from the child's parent or
guardian to provide the photo or video.
- Do not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express
permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets
or slurs, text, photographs or illustrations in poor taste, inflammatory attacks
of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading,
fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims,
violates the privacy rights of any third party, is unreasonably harmful or offensive
to any individual or community.
- violates any right of Specials Agent or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital
status, sexual orientation or disability, or refers to such matters in any manner
prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international
law, rule, regulation or ordinance.
- interferes with any third party's uninterrupted use of the Site.
- advertises, promotes or offers to trade any goods or services, except in areas specifically
designated for such purpose.
- uses or attempts to use another's Registration Account, password, service or system
except as expressly permitted by the TOS.
- uploads or transmits viruses or other harmful, disruptive or destructive files,
material or code.
- disrupts, interferes with, or otherwise harms or violates the security of the Site,
or any services, system resources, accounts, passwords, servers or networks connected
to or accessible through the Site or affiliated or linked sites.
-
"flames" any individual or entity (e.g., sends repeated messages related to another
user and/or makes derogatory or offensive comments about another individual), or
repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
- Unsolicited Material and Ideas.
Specials Agent is not responsible for the similarity of any of its content or programming
in any media to materials or ideas provided to Specials Agent. You acknowledge and
agree that if you send any unsolicited materials or ideas, you do so with the understanding
no additional consideration of any sort will be provided to you, and you are waiving
any claim against Specials Agent and its affiliates regarding the use of such materials
and ideas, even if material or an idea is used that is or may be substantially similar
to the idea you sent.
- Transactions and E-Commerce.
During your visit to our site you may elect to engage in a transaction involving
the purchase of a product such as a SpecialOp, a print or online advertisement or
other tangible goods and services. Credit card transactions and order fulfillment
are often handled by a third party processing agent, bank or distribution institution.
While in most cases transactions are completed without difficulty, there is no such
thing as perfect security on the Internet or offline. If you are concerned about
online credit card safety, in some cases a telephone number may be made available
so you can call us and place your order by phone. Specials Agent cannot and does
not take responsibility for the success or security of transactions undertaken or
processed by third parties.
- Errors in Reporting.
On occasion, a special, product or service may not be available at the time or the
price as it appears on the Site. In such event, or in the event a special, product
or service is listed at an incorrect price or with incorrect information due to
typographical error, technology effort, error in the date or length of publication,
or error in pricing or other information received from our advertisers or suppliers,
you agree Specials Agent is not responsible for such errors or discrepancies.
- Removal of Information.
Specials Agent will make every effort to efficiently remove advertisements or specials
listings at the request of the associated advertiser or venue respectively. Further,
Specials Agent will make every effort to remove entirely the listings for any venue
or supplier at the request of that party. To request such removal, please use any
of the contact methods listed at this page: http://www.specialsagent.com/contact.aspx.
- Communications with Third Parties Through the Site.
Your dealings or communications through the Site with any party other Specials Agent
are solely between you and that third party. For example, certain areas of the Site
may allow you to conduct transactions or purchase goods or services. In most cases,
these transactions will be conducted by our third-party partners and vendors. Under
no circumstances will Specials Agent be liable for any goods, services, resources
or content available through such third party dealings or communications, or for
any harm related thereto. Please review carefully that third party's policies and
practices and make sure you are comfortable with them before you engage in any transaction.
Complaints, concerns or questions relating to materials provided by third parties
should be directed to the third party.
During your visit to the Site you may link to, or view as part of a frame, certain
content that is actually created or hosted by a third party. Because Specials Agent
has no control over third party sites and resources, you acknowledge and agree that
Specials Agent is not responsible for the availability of external sites or resources,
nor for the content, actions, or policies of those sites. Information you provide
on such sites, including personal information and transactional information, is
subject to the terms of service of those sites.
- Notice of Intellectual Property Infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, it is the policy of Specials Agent, in appropriate circumstances, to terminate
the Registration Account of a Member who is deemed to infringe third party intellectual
property rights or to remove User Content that is deemed to be infringing. If you
believe that your work has been copied in a way that constitutes copyright infringement
and is displayed on the Site, please provide substantially the following information
to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section
512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material you claim is infringing is located on the site
(providing us with website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
-
a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Special Agent’s Copyright Agent can be reached at Specials Agent Copyright Agent,
1603 Orrington Ave., Suite 2000, Evanston, IL, 60201.
Please also note that, pursuant to Section 512(f) of the Copyright Act, any person
who knowingly materially misrepresents that material or activity is infringing may
be subject to liability.
- Counter-Notification for Intellectual Property Infringement.
If you elect to send us a counter-notice in response to a notice of intellectual
property infringement, to be effective it must be a written communication provided
to Specials Agent's designated Copyright Agent (see above for contact information)
that includes substantially the following (please consult your legal counsel or
see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- an electronic or physical signature of the registered user;
- a description of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled (providing us with a website URL is the quickest way to
help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you, under penalty of perjury, that you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled; and
-
a statement by you that you consent to the jurisdiction of the Federal District
Court for the judicial district in which the address is located, or if the your
address is outside of the United States, for any judicial district in which Specials
Agent may be found, and that the you will accept service of process from the person
who provided notification of intellectual property infringement or an agent of such
person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material or activity was removed or disabled by mistake
or misidentification may be subject to liability.
- General Disclaimer and Limitation of Liability.
While Specials Agent uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any error or omission in the
Content. Specials Agent does not represent or warrant that use of any Content will
not infringe rights of third parties. Specials Agent has no responsibility for actions
of third parties or for content provided by others, including User Content.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE."
NEITHER SPECIALS AGENT, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES,
NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM,
MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT,
ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH
THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT
OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT,
AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE SITE AND ITS AFFILIATES ARE NOT
RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD
PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY.
THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD
PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE
ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE THE SITE. ANY RELIANCE
UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN
NO EVENT SHALL THE SITE OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS
OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVEDAMAGES
INCLUDING, WITHOUT LIMIATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SITE OR
ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR
ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
- Indemnity. You agree to indemnify, defend and hold harmless Specials
Agent, its parent and affiliated companies, partners, suppliers, licensors, officers,
directors, shareholders, employees, representatives, contractors and agents, and
sub-licensees from any and all claims (including but not limited to claims for defamation,
trade disparagement, privacy and intellectual property infringement) and damages
(including attorneys’ fees and court costs) arising from or relating to any allegation
regarding: (1) your use of Specials Agent; (2) Special Agent’s use of any User Content
or information you provide, as long as such use is not inconsistent with this Agreement;
(3) information or material provided through your Registration Account, even if
not posted by you; and (4) any violation of this Agreement by you.
- International Users. The Site is controlled, operated and administered
by Specials Agent from its offices within the United States. Specials Agent makes
no representation that materials or Content available through the Site are appropriate
or available for use outside the United States and access to them from territories
where their contents are illegal is prohibited. You may not use the Site or export
the Content in violation of U.S. export laws and regulations. If you access Specials
Agent from a location outside the United States, you are responsible for compliance
with all applicable laws.
- Discontinuation of Service. Specials Agent may modify, suspend, discontinue
or restrict the use of any portion of the Site, including the availability of any
portion of the Content at any time, without notice or liability. Specials Agent
may deny access to any registered member or other user at any time for any reason.
In addition Specials Agent may at any time transfer rights and obligations under
this Agreement to any Specials Agent affiliate, subsidiary or business unit, or
any of their affiliated companies or divisions, or any entity that acquires Specials
Agent or any of its assets.
- Choice of Law. These TOS will be governed by and construed in accordance
with the laws of the State of Illinois, without regard to its conflicts of law provisions.
You hereby agree that any cause of action you may have with respect to Specials
Agent must be filed in a federal or state court located in Chicago, Illinois.
- Statute of Limitations. You agree to file any claim regarding any aspect
of this site or these TOS within six months of the time in which the events giving
rise to such claim began, or you agree to waive such claim.
- No Class Actions. You agree no claim subject to these TOS may be brought
as a class action.
- Severability. If for any reason any provision of this Agreement is
found unenforceable, that provision shall be enforced to the maximum extent permissible
so as to affect the intent of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force and effect.
- No Waiver. Any failure of Specials Agent to enforce or exercise any
provision of this Agreement or related right shall not constitute a waiver of that
right or provision.
- Section Titles. The section titles used in this Agreement are purely
for convenience and carry with them no legal or contractual effect.
- Termination. In the event of termination of this Agreement for any
reason, you agree the following provisions will survive: the provisions regarding
limitations on your use of Content, the license(s) you have granted to Specials
Agent, and all other provisions for which survival is equitable or appropriate.
- Conflicts. In the case of a conflict between these terms and the terms
of any electronic or machine readable statement or policy (for example, a P3P electronic
privacy policy), these TOS shall control. Similarly, in case of a conflict between
these terms and our Privacy Policy, these TOS control.
- Contact Us. To contact Cardinal Holdings, please using one of the contact
methods presented at this page: http://www.specialsagent.com/contact.aspx
.