Updated: April, 2019
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing, any claims that you may have regarding any telemarketing messages that you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a Site; and (2) you may opt-out by filing a claim in Small Claims court provided the requirements described below are met.
1. How the Sites Work
We have created the Sites to provide content related to ways to save money and earn money and includes samples, surveys, sweepstakes, coupons, freebies, on-demand jobs, recommended products, and other general interest topics (“Content”). We also provide links that enable users to enter various sweepstakes, many of which are operated by us or our affiliates and provide ads through Google AdSense and other third parties that we think our Site visitors may be interested in. Our advertising partners may compensate us for displaying their ads and/or connecting them with interested consumers.
We may provide other services and content in the future and will update these terms accordingly.
2. No Representations or Warranties
The Content and any offers for goods and services offered on a Site and any other content, information, documents, graphics and images displayed on a Site (collectively, “Site Content”) are provided by us, our affiliates and marketing partners, and other third parties (“collectively, “Content Providers”) and could include inaccuracies, typographical errors or other errors. We make no commitment to update or correct any errors on a Site.
You also understand and agree that a Site may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS, NEITHER WE NOR ANY CONTENT PROVIDER MAKE ANY SPECIFIC PROMISES ABOUT THE SITES OR THE SITE CONTENT PROVIDED THEREIN. WE PROVIDE THE SITES, SITE CONTENT AND OTHER SERVICES ON AN “AS IS, AS AVAILABLE BASIS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
4. User Supplied Content
The Sites may permit you to submit comments and other user supplied content. If you chose to supply any such content, you grant us worldwide irrevocable license to use and publish content you supply and to identify you as the source of the content – we will typically use your first name, the initial of your last name and your City and State of your residence. If you supply content, you represent that you own or have all necessary rights in such content to permit us to use it as provided above and our use will not violate or infringe on the third-party intellectual property rights of any third-party.
The Sites are intended for use by United States residents who are over 13 years of age. We do not represent that all Site Content and other content, materials and services on our Sites are appropriate or available for use in geographic locations outside the United States, and accessing a Site from certain locations may be illegal and prohibited. You agree not to access a Site or any Site Content or other content, materials and services on the Sites where prohibited by law. We are not responsible for your compliance with local laws or other applicable laws.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of a Site, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use a Site.
7. Proprietary Rights
The Sites including the Site Content are made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of a Site for any purpose. Portions of the Sites are proprietary to us and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all of our rights. Some of the services and content on the Sites are provided by third parties and is proprietary to these third parties.
The names of companies and products that we do not own and that are mentioned on the Sites may be the trademarks of their respective owners. The trademark owners do not sponsor the Sites and in most instances, do not endorse the Sites, the Site Content or any of the sweepstakes or other goods or services contained on the Sites. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited.
You may not use a Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales.
8. Site Links and Third-Party Sites
The Sites contain Site Content and other links to third-party websites which are independent of the Sites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in the Site Content or any other linked website. We do not endorse any sweepstakes, goods or services or website contained within the Site Content or any other linked website, or the products or services described therein and are not responsible for and disclaim all liability for these third-party websites. You should review the terms and conditions and privacy policies applicable to these third-party websites.
Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.
9. Fraudulent Activity Policy
We strictly prohibit user fraud and abuse relating to access to and use of the Sites. In accessing a Site, or any other activities, products or services offered by or through a Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these Terms & Conditions, and (c) you will not circumvent or attempt to circumvent any provision these Terms & Conditions or any security feature of a Site or engage in any activity that interrupts or attempts to interrupt a Site’s operation. We may take action, including disabling a user’s account, if we deem that a user is exhibiting unusual patterns of behavior and/or randomly and/or excessively clicking on a link or links after performing a search.
10. Choice of Law
You agree that these Terms & Conditions constitute the agreement between you and us and shall be construed and governed in accordance with the laws of the State of New York, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction.
11. Arbitration/Dispute Resolution
You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in a Promotion, entitlement to an Incentive or a telemarketing call or SMS/text message that you received from us or a Marketing Partner, you should first contact customer support on a Site or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don’t accept it, if we can’t otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online which is:
Talant Productions Inc.
2725 North 190th Street, Elkhorn, NE, 68022
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Omaha, NE. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules.
If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Site. See our mailing address below:
Talant Productions Inc.
2725 North 190th Street, Elkhorn, NE, 68022
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Talant Productions Inc. is proper.
Other than these two exceptions, you must arbitrate any claims as provided above.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, OUR MARKETING PARTNERS OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SITES, THE SITE CONTENT AND THE SUBJECT SERVICES.
12. Limitation of Liability
WHEN PERMITTED BY LAW, WE AND OUR MARKETING PARTNERS AND SERVICE PROVIDERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR MARKETING PARTNERS AND SERVICE PROVIDERS, FOR ANY CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE.
IN ALL CASES, WE AND OUR MARKETING PARTNERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) these Terms & Conditions and/or any breach or alleged or threatened breach by you; (b) your use of the Site, Site Content, or any search results or other content or materials or services transmitted or received by you; (c) any unacceptable or objectionable use of the Site or Site Content by you; (d) any negligent or willful misconduct by you; or (e) any claims attributable to any comments or other content you supply to us.
14. Integration and Conflicting Terms; Severability
Any provision of these Terms & Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.