Terms of Service - Discount Metrics Corporation

Legal

Terms of Service (Last Updated: June 19, 2010)

Introduction

The following are important terms as specified by this agreement: “Terms” refers to the Terms of Service as detailed throughout the entirety of this document; “Content” means data, text, communications, software, images, sounds, promotions, video, or other information; “Discount Metrics,” “our,” “we,” or “us” means Discount Metrics Corp. and its affiliated entities; “Site,” or “Website” means www.DiscountMetrics.com; “you” or “your” means both you and such person or entity in whose behalf you act, if any; “Participating Partners” are sites we partner with, link to, or accept content from; and “Calculations” or “Technologies” refer to proprietary techniques and methods used throughout DiscountMetrics.com and its affiliated entities.

These Terms serve as an agreement between you and us, which you are accepting online, and which govern your use of all features, services and applications as found on this Website. You agree that we may provide you with important information and terms electronically, either by email or by posting such notices online. Please be advised that members who are not prepared to follow the below Terms for this Website should not participate with the Site in any form.

Products, Content, & Specifications

All features, Content, specifications, products and services described or depicted on or within DiscountMetrics.com are subject to change at any time and without notice.

Your Responsibilities

By accessing DiscountMetrics.com, you agree to assume the following responsibilities: 1) provide at your own expense: access to internet, compatible software, and compatible equipment capable of using and accessing the Site as specified in these Terms; 2) keep your log-in information confidential; 3) remain in compliance with all laws and these Terms.

Information Accuracy

We attempt to ensure that all information on DiscountMetrics.com is accurate, complete, and relevant. However, due to the complications inherent in data gathering at the scale necessitated by our Site, the information on DiscountMetrics.com may occasionally be inaccurate, incomplete or out of date. While we apologize for such inaccuracies, we make no representation as to the completeness or accuracy of any information on this Website.

Use Of This Website

We give you a non-exclusive, limited right to use the content, Website, and services of DiscountMetrics.com for personal and lawful use only, provided that you remain in compliance with these Terms. The design and all text, graphics, information, Content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by, Discount Metrics Corp., and are protected by copyright, trademark and other laws and may only be used as permitted in these Terms or with the prior written permission of Discount Metrics Corp. or its affiliates.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Discount Metrics Corp. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Discount Metrics or such third party owner. Any unauthorized use of any such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other laws and regulations.

Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray Discount Metrics or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time upon the discretion of Discount Metrics or any of its affiliated companies. All attempts to run or display this Website in frames or through similar applications are prohibited unless prior written consent is provided by Discount Metrics Corp. or its affiliates.

Third-Party Content & Services

This Website may contain links to other Websites. Use of these links, may take you outside of DiscountMetrics.com. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, approval, or adoption by Discount Metrics of outside websites or any information contained therein. We make no claim or representation regarding, and accept no responsibility or liability for any Content, materials, or other information located on or accessible from within this Website or of websites outside of our control who link to DiscountMetrics.com. Decisions to access websites outside of DiscountMetrics.com are done entirely at your own risk.

Collection & Use Of Your Information

The Discount Metrics’s Privacy Policy (hereby incorporated by reference), as supplemented by the additional terms below, explains how we use your information when you access this Website. By using DiscountMetrics.com, you consent to these privacy practices. In addition to the personally identifiable information collected and used in accordance with our Privacy Policy, Discount Metrics collects and uses aggregate information about groups of our account holders on an aggregate level to ensure complete user confidentiality. By design, aggregate data will provide insight into user and site trends without revealing any personally identifiable data. This data is collected to help us understand our users and assist us in our efforts to improve services within the Website. Collected information is as follows:

Any suggestions, ideas, concepts, techniques, questions, comments, skills, or other communication you transmit or post to DiscountMetrics.com
Information and insights on usage of this Website

We Are Not Obligated For Content Provided By You Or Any Third-Parties

Discount Metrics takes no responsibility and assumes no liability for Content or materials that are provided by you or any third-party, including our advertisers and Participating Partners. We are not responsible for Content on the Internet. We have no duty to pre-screen Content. We reserve the right to remove materials from DiscountMetrics.com for any reason, but we are not responsible for any failure or delay in removing such material. While we welcome feedback, by providing any suggestions to us, you are agreeing that we may use your suggestions in any manner as we determine in our discretion without compensation or limitations of any kind. You agree to indemnify and hold harmless Discount Metrics Corp. from and against any loss, costs, expenses or damages (including attorneys’ fees) arising out of any claim, action, proceeding, or demand of a third party arising out of or relating directly or indirectly to your conduct, your violation of these Terms, or your violation of any rights of a third party.

Disclaimer

WE PROVIDE DISCOUNTMETRICS.COM “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DISCOUNTMETRICS.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE OR INACCURATE, AND NEITHER DISCOUNTMETRICS NOR ANY OF ITS AFFILIATES AND PARTNERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DISCOUNTMETRICS.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE INTEGRITY OR SECURITY OF YOUR FILES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON DISCOUNTMETRICS.COM. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Proprietary Rights

The Content, Calculations, and Technologies offered by or through DiscountMetrics.com are owned by us, our Participating Partners, and others who post or make such materials available on the service. The Content, Technologies, and Calculations are all protected by copyright and other intellectual property laws and treaties. We reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of DiscountMetrics.com. You may not modify, adapt, or create derivative works from DiscountMetrics.com. Do not help any one else to do any of the things prohibited in this paragraph.

Limitation Of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE SERVICE PROVIDER OR DISCOUNTMETRICS.COM IS TO DISCONTINUE YOUR USE OF DISCOUNTMETRICS.COM. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.

DISCOUNT METRICS DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT FROM THIS WEBSITE. IN NO EVENT WILL DISCOUNT METRICS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSSIGNS, PARTICIPATING AFFILIATES, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF DISCOUNTMETRICS.COM AND ITS SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Applicable Law

These Terms supersede any other agreement between you and Discount Metrics to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of CALIFORNIA, without regard to its choice of law principles to the contrary. You agree that any action seeking legal or equitable relief arising out of or relating to this Website shall be brought only in the State or Federal Courts of CALIFORNIA. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Modification & Amendments To These Terms

As this Website evolves, we may need to modify these Terms, which you agree we may do at any time. Discount Metrics may revise these Terms at any time and from time to time by updating this posting. Therefore, you should review these Terms regularly to learn about any changes. Your ongoing use of DiscountMetrics.com after we post changes to this agreement will serve as your acceptance of any new Terms and their revisions.

Termination

Discount Metrics reserves the right to cancel or suspend access to your account at any time, without cause and/or without notice, for action that we in our sole discretion believe are inappropriate or harmful to DiscountMetrics.com, its trusted partners, or other account holders. In the event of termination, you agree that you have no ownership rights in, nor any claims for damages arising from the loss of use of any Content saved within DiscountMetrics.com.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless Discount Metrics and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of DiscountMetrics.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Language

Both parties confirm that it is their wish that these Terms be drawn up in English only.

Additional Assistance

If you have any questions about this legal notice, the practices of this Website, or your dealings with this Website, please contact us at terms@discountmetrics.com.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.