PLEASE READ THIS VISITOR AGREEMENT CAREFULLY. BY USING Your Stomp, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT. IF YOU DO NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO USE Your Stomp. BY USING Your Stomp, YOU (ALSO REFERRED TO AS "VISITOR") AGREE TO THE FOLLOWING TERMS OF THIS VISITOR AGREEMENT:
About Your Stomp
Your Stomp, the website owned and operated by Advanced Media International, LLC ("Your Stomp"), is an online site that connects customers and advertisers. Your Stomp provides users with advertisers' information of goods and services and promotional offers and may act as a reseller of certain advertiser trade items such as gift certificates ("trade items") . The information about and promotions relating to particular goods or services are provided and offered by the advertiser, and not by Your Stomp. Your Stomp acts only as a venue. The material that appears on Your Stomp is for informational and advertising purposes only. Your Stomp is not responsible for and does not guarantee the quality, suitability or performance of any such goods or services. Your Stomp is not involved in the transaction between you and advertisers and does not control whether advertisers honor the promotional offers, trade items, or other information listed on Your Stomp.
It is your responsibility to evaluate the accuracy, completeness or usefulness of any promotional offer, trade item, or other information available through Your Stomp. You are responsible for confirming with the merchant any information you received through Your Stomp before you purchase any goods or services. If you use or purchase the services, trade items, or information made available through Your Stomp, you must use your own judgment in completing the sale or other transactions with advertisers. You are also responsible for complying with all applicable laws. You release Your Stomp from all claims, losses or liabilities related to your use or purchase of the services, offers, trade items, or information on Your Stomp, any related transactions or any alleged misrepresentation or breach of an advertiser and agree to indemnify and defend Your Stomp against all claims, losses or liabilities related to your use or purchase of the services, offers, trade items, and information on Your Stomp, and any related transactions. You represent and warrant that all information supplied to Your Stomp, including name, age, and e-mail address, is accurate and personal to you. You agree that you shall not use Your Stomp on behalf of yourself or any other person or entity nor allow any other person or entity to use or gain access to Your Stomp's services through you for any purpose other than your personal use. You further agree not to use Your Stomp's services to conduct any non-personal or commercial competitive analysis of services or products offered by advertisers.
Your Stomp contains links to other websites that are not operated by Your Stomp. Your Stomp does not control these websites and is not responsible for the content or services available on the linked websites. The existence of such links shall not be construed as an endorsement of the material appearing on such sites.
Your Stomp and/or its agents, licensers, site sponsors, participating advertisers, media affiliates, and other content providers retain all rights to the applicable services, promotional offers, advertisements and the related text and graphics displayed on or accessed via Your Stomp. All trademarks, logos, service marks and corporate identifiers ("Marks") displayed on Your Stomp are the property of Your Stomp and/or its agents, licensers, site sponsors, participating advertisers, media affiliates and other content providers. Visitors are prohibited from using any Marks without the written permission of Your Stomp as well as such third party which may own the Marks. All content on Your Stomp is protected by copyright and, other than for personal and non-commercial purposes, Visitors are prohibited from modifying, using, publishing, distributing, transmitting, displaying, reproducing, selling, licensing, creating derivative works from, or otherwise exploiting any of the content of Your Stomp.
All non-personally identifiable information submitted to Your Stomp via this Web site's collection forms shall be deemed and remain the property of Your Stomp. By submitting any ideas, comments, suggestions, or questions to Your Stomp, you automatically grant Your Stomp license to use, reproduce, adapt, modify, translate, distribute, display, or incorporate such submissions in any form, medium or technology now known or later developed. Your Stomp shall not be subject to any obligations of confidentiality regarding submitted non-personally identifiable information except as specifically agreed by Your Stomp or required by law. If you have questions or concerns regarding this statement, you should first contact Your Stomp via mail at The Repository 500 Market Avenue Canton, OH 44702.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES, PROMOTIONAL OFFERS, TRADE ITEMS, INFORMATION ON Your Stomp (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, PROVIDED BY OR ADVERTISED ON Your Stomp) ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Your Stomp DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Your Stomp's CONTROL. Your Stomp DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, FREE FROM ERROR, DEFECTS OR VIRUSES, AVAILABILITY AND NON-INFRINGEMENT. Your Stomp SHALL NOT BE LIABLE HEREUNDER (I) IN EXCESS OF THE FEES PAID BY YOU IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO SERVICES, OFFERS, TRADE ITEMS, INFORMATION ON Your Stomp, ANY TRANSACTIONS MADE AFTER USE OF Your Stomp, ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH Your Stomp, OR ANY OFFER MISREPRESENTED OR NOT FULFILLED BY AN ADVERTISER.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE, AVAILABLE TO YOU.
Your Stomp may modify its site, services or this agreement at any time by changing this Agreement or other information on Your Stomp. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. By using Your Stomp after such changes, you agree to be bound by this Agreement, as modified.
This agreement shall be construed in accordance with the laws of the State of Maine, excluding conflict of laws provisions. The parties shall bring any cause of action arising under this Agreement in a court in the State of Maine. Access to and use of Your Stomp are subject to all applicable United States and foreign laws and regulations, including export laws. If any provision herein is held to be illegal or unenforceable, that provision shall be limited the minimum extent necessary so that it is enforceable. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements. A waiver of a provision of this Agreement shall not constitute a waiver of any other provisions. The headings are for convenience only and do not modify any provisions.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THIS VISITOR AGREEMENT.
Last Updated: October 23, 2009