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These Website Terms and Conditions (or “Terms and
Conditions”) apply to the website with a home page
located at www.thissiteisforreal.com (the “Website”
or “Site”). By using this Website or creating
an Account you are agreeing to these Terms and Conditions.
Any violation of these Terms and Conditions may lead to
termination of your Account, cancellation of any Cash or
other items earned or accrued including referrals, as well
as any other applicable legal remedy. If you do not agree
to these Terms and Conditions you must not use this Website.
All visitors to or users of this Website are referred to
as “Users,” “you,” or similar terms.
This Website is owned and operated by Impact Marketing Pvt.
Ltd. (“ThisSiteisForReal,” “Impact Marketing”
“us,” “we,” or similar terms.) We
reserve the right to modify these Terms and Conditions,
as well as our Privacy Policy, at any time. Such changes,
including retroactive changes, are effective once posted
on this or a similar page of our Website. Changes may include,
but are not limited to, rules regarding the earning of Cash
and the redemption of Cash or any other item. Pages or features
of this Website as well as offers appearing on this Website,
including prizes, gifts, sweepstakes, offers, or other items
or activities may be discontinued or changed without notice.
Last Updated: August 17, 2007
MEMBERSHIP
1.
Valid Information
Users must be living individuals, and not corporations
or any other type of entity. Users must provide a valid
E-Mail Address during registration in order to activate
their ThisSiteisForReal Account. In addition, any time
Users provide information to this Website, to any Advertisers
as defined in Section IV, or in response to any Offer,
such information must be accurate and complete and be
your own information and not the information of any other
person. This includes, but is not limited to, the registration
process, User Profile, surveys, and any other place where
information is requested.
2. Comply with Laws
Users must comply with all applicable laws and regulations
as they relate to the use of this Website or relations
with us.
3. Duplicate Accounts
Users may not create more than one Account with ThisSiteisForReal.
In addition, we do not allow:
- More
than one Account in the same Household
-
More than one Account with the same Mailing Address
-
More than one Account using the same Computer
4.
Signup Bonus (if applicable)
To qualify for the Signup Bonus, Users must: (site does
not guarantee a signup bonus at any time)
- Reside
in the U.S. and have a valid U.S. Mailing Address
-
Check the minimum number of Co-Registration (often referred
to as “Opt-In” and “Opt-Out”)
boxes required on the Signup Form (if applicable)
-
Complete the User Profile located in the Member’s
Section
5.
Account Cancellation
Users may cancel their Account any time by logging into
the Member’s Section and clicking the “Cancel
Account” link. In addition, all Paid E-Mails sent
to Users include a link to the cancellation page. If a
User cancels their Account, they will forfeit all their
Cash in their Account and referrals. In addition, any
requested or pending payments for that User are removed
and forfeited.
6. Username and Password
In connection with your Account, you will create a Username
and a Password. You are responsible for keeping your Username
and Password confidential and secure, and you are responsible
for all actions taken using your Username and Password.
The username will be identified as your email address
that you initially registered with the site.
7. Age
To create an Account, to be eligible to accrue Cash, or
to otherwise use this Website, you must be at least eighteen
(18) years old or the age of majority in your state or
province of residence, which ever is greater.
REFERRALS
1.
Tracking
Users can use their Referral URL to refer other Users
to ThisSiteisForReal. Users can find their Referral URL
in the Member’s Section. Because ThisSiteisForReal
allows only one Account per Computer, our referral tracking
software will not allow one User to refer another User
if they are using the same Computer.
2. SPAM AND UNSOLICITED EMAIL
Users may not SPAM (send unsolicited email to persons
they do not know) in order to refer other Users to ThisSiteisForReal.
We cannot possibly list all acceptable and unacceptable
methods of advertising. If a User has a specific question
as to whether or not a particular advertising method is
acceptable, they should contact us prior to engaging in
that action.
-
Users may not send Unsolicited E-Mail advertising ThisSiteisForReal
-
Users may send Solicited E-Mail to their subscribers
advertising ThisSiteisForReal. However, Users must adhere
to all current legislation, including the CAN-SPAM Act.
As part of the CAN-SPAM Act, Users must scrub their
subscribers against our Suppression List and include
a link for subscribers to add themselves to our Suppression
List. For more information on our Suppression List,
please contact us. ThisSiteisForReal reserves the right
to refuse distribution of our Suppression List for any
reason.
3. Refer-a-Friend Service
Users may use our Refer-a-Friend Service to automatically
send an E-Mail notification to their friends. However,
if the User’s Refer-a-Friend E-Mail results in a
SPAM complaint, the User’s Account may be terminated.
Users should use the Refer-a-Friend Service to notify
only their close personal friends.
4. False Advertising
Users may not make untrue or exaggerated statements when
advertising ThisSiteisForReal or engage in any unfair
or deceptive trade practice as defined by law. For example,
a User may not put on their Web Site: “Join ThisSiteisForReal
and get paid $1.00 for every E-Mail you read!” If
the User provides information about ThisSiteisForReal
on their website, they must ensure the information is
updated and accurate.
5. Referral Bonuses
The Referral Bonus is credited to a User’s Account
when the User they referred has completed surveys. You
will receive 20% from your Level 1 referrals and 5% on
Level 2-6. Referral bonuses are paid on actual surveys
completed and confirmed only.
INACTIVITY
A User’s Account will be set to inactive for any of
the following reasons:
1. Invalid E-Mail Address
If ThisSiteisForReal receives a bounce-back error message
or similar message when sending an E-Mail to a User, then
that User’s Account will be set to inactive. A bounce-back
message may occur if the User has added ThisSiteisForReal
to their “Ignore List” or marked a message
from ThisSiteisForReal as SPAM, or for other reasons.
Users should add the address survey@thissiteisforreal.com
to their “Allow List” and/or Address Book.
2. Failure to Confirm Paid E-Mails
If a User fails to confirm 10 consecutive E-Mails from
ThisSiteisForReal, their Account will be set to inactive.
ThisSiteisForReal reserves the right to change this number
at any time. To confirm a Email, a User must click the
link in the Email. The User's Account will be confimred
at this point.
It is the User’s responsibility to ensure our E-Mails
reach their Inbox. If the User is not receiving our E-Mails,
they should add the address survey@thissiteisforreal.com
to their “Allow List” and/or Address Book.
If that does not correct the problem, the User should
contact their E-Mail provider or simply use a different
E-Mail Address.
3. Current and Accurate Contact Information
Users are responsible for maintaining accurate and complete
contact information and promptly updating such information
if a person moves, contact information otherwise changes,
or if a User has difficulty with their email service provider.
If any payment sent out to a User is returned to us for
any reason, including our being provided with inaccurate
or outdated contact information, we will continue to hold
such payment for up to ninety (90) days and will resend
the payment upon request and receipt of correct contact
information within the ninety (90) day period. If we do
not receive a request to resend payment along with corrected
contact information within ninety (90) days then we will
destroy the check, all Account Cash giving rise to the
payment are deemed forfeit, and the payment is forfeited
and permanently waived.
4. Delivery Location
Users are responsible for selecting a secure and reliable
mail delivery address for their payments and other communications.
We are not responsible for any stolen or lost checks and
will not replace checks allegedly cashed improperly by
third parties so long as such check was sent to the mailing
address as indicated in your Account information at the
time such check was sent. If your household mail box is
not secure we recommend you obtain a secure post office
box.
Permanent
Removal
If a User’s account remains inactive as described
above and the User has not logged into the Member’s
Section; confirmed a Paid Email; or completed a Offers,
Shopping, or Surveys transaction for a period of six (6)
months (the “Maximum Inactive Period”) without
being reactivated, their Account will be permanently removed
and all Cash or other items accrued will be forfeited. In
addition, if any User’s Account remains Inactive for
the Maximum Inactive Period, then the Account will be permanently
removed and all Cash or other items accrued will be forfeited.
In the event of a death of any User, such User’s Account
is automatically and immediately terminated, and all Cash
or other items accrued in such Account are forfeited.
CASH
OFFERS
1.
Terms of Offers
ThisSiteisForReal displays Offers on this Website from
many different third party companies (collectively, “Advertisers”).
Impact Marketing does not provide the Offers, and only
Advertisers are responsible for their individual Offers.
ThisSiteisForReal is not responsible for the Terms and
Conditions of any of the Offers listed on our Website.
Users should carefully read all of the Terms and Conditions
of an Offer before completing it. ThisSiteisForReal is
not responsible for any billing or ensuing contracts or
relations between Users and Advertisers. ThisSiteisForReal
does not have contact information for Advertisers. Users
should contact Advertisers directly for all questions
or disputes relating to the Offer.
Some Offers provide rewards to Users in addition to the
Cash offered by ThisSiteisForReal, such as Gift Cards,
Free Gas, Digital Cameras, and others. These rewards are
provided by the Advertisers and not ThisSiteisForReal.
Often times, Users must meet requirements that are not
necessary to receive Cash rewards from ThisSiteisForReal
in order to qualify for the additional rewards. Users
should be sure to read all of the Terms of the Offer to
determine what those requirements are. ThisSiteisForReal
is not responsible for these additional rewards.
There are times when Advertisers change the Terms of an
Offer without notifying us. Therefore, ThisSiteisForReal
makes no guarantees on the accuracy of the Offer descriptions
listed on our Website. In addition, if an Advertiser changes
the payout of an Offer, the User may receive a lower amount
of Cash than what was indicated at the time they completed
the Offer.
2. Offer Completion
Users may complete an Offer only if they have not completed
the Offer in the past, either through ThisSiteisForReal,
any other website, or with the Advertiser. Users will
not be credited for completing an Offer if they have already
completed the Offer in the past.
Users must complete the Offer by clicking on the Offer
from our Web Site and completing all of the Offer requirements
as given by the Advertiser. The User must not return to
the Advertiser’s Web Site at a later date or complete
the Offer via telephone, as this interferes with our ability
to track offer completion.
Users must ensure their Web Browser is set to allow all
Cookies to ensure proper tracking occurs. In addition,
Users should ensure they do not have anti-virus and/or
anti-spyware software running that is set to override
the Browser’s Cookie settings or any software provided
by us.
3. Offer Crediting
Most Offers are credited to the User’s ThisSiteisForReal
Account instantly after completion; however, some Offers
can take up to 30 days to credit. The amount of time an
Offer takes to credit is solely dependent on the Advertiser,
and ThisSiteisForReal is not responsible for this delay.
Users should read and comply with all of the Offer requirements
to ensure timely credit.
ThisSiteisForReal does not guarantee a User will receive
credit for completing an Offer. The Advertiser has the
final say in whether or not a User receives credit. Only
if and when ThisSiteisForReal receives credit from the
Advertiser, then we will issue credit to the User; however,
if the Advertiser fails to issue credit to ThisSiteisForReal,
we cannot credit the User.
Users should save all Confirmation E-Mails received from
Advertisers after completing an Offer. Often times those
E-Mails can be used to manually credit the User’s
Account. However, presenting the confirmation email does
not guarantee you will receive credit for completing an
Offer.
Many of the Offers listed on ThisSiteisForReal include
a free trial so that Users can evaluate the product or
service without cost. Users should not complete the Offer
unless they have a genuine interest in the product or
service. Canceling a free trial immediately after joining
may interfere with our tracking and may result in not
being credited or having credit revoked. Moreover, completing
and subsequently canceling a large number of free trial
Offers may be grounds for non-payment, in the sole discretion
of ThisSiteisForReal and the associated Advertisers. We
may also terminate an Account or deny credit of Cash,
in addition to any other legal remedy, in the event a
User’s activity appears fraudulent or that participation
in Offers is a sham, in our sole discretion.
SHOPPING
1. Shopping Crediting
Users can earn Cash in their ThisSiteisForReal Account
for purchases they make online by logging into our Member’s
Section and clicking the “Cash Shopping” link.
Users can shop at hundreds of Advertiser web sites and
even have access to special coupons from select Advertisers.
Users are solely responsible for their dealings with these
Advertisers, and ThisSiteisForReal disclaims all liability
and responsibility for or related to such transactions.
Cash is credited to User Accounts as reported by the Advertisers.
The Advertisers have the final say in whether or not the
User is credited. Therefore, ThisSiteisForReal does not
guarantee Users will be credited for participating in
the Shopping program. Users agree that if they have any
dispute with an Advertiser they will pursue such matter
exclusively with the Advertiser and not with ThisSiteisForReal.
CASH
SURVEYS
1. CASH Surveys Qualification
Users can earn Cash in their ThisSiteisForReal Account
for completing market research studies (surveys) by logging
into our Member’s Section and clicking the “Surveys”
link. Users will be asked a series of qualifying questions
to determine whether or not they qualify for any of the
market research studies (surveys). This qualification
process is based on the demographics being targeted by
each individual Advertiser and is not related to ThisSiteisForReal.
Although most Users do qualify for at least one market
research study (survey), ThisSiteisForReal does not make
any guarantees to this effect.
After a User has qualified for a market research study
(survey), the actual survey will begin. Some Advertisers
further screen Users by asking disqualification questions.
Certain answers will disqualify the User from that market
research study (survey).
Users MUST provide accurate and honest answers during
both the qualifying questions and the actual market research
studies (surveys). If a User is found to be providing
fraudulent information, they will not be credited, and
their ThisSiteisForReal Account may be terminated.
2. CASH Surveys Crediting
Users must successfully complete a market research study
(survey) in order to be credited. If a User does not initially
qualify or if the User is disqualified based on answers
given, then a survey has not been completed and no credit
will be awarded.
Surveys earnings are credited to User Accounts as reported
by the Advertisers. They have the final say in whether
or not the User is credited. Therefore, ThisSiteisForReal
does not guarantee Users will be credited for participating
in the Surveys program.
CASH
AND PAYMENT
1. About Cash in Your Account
You can earn Cash which is credited to your Account as
described in the other sections of these Terms and Conditions,
and which is subject to your compliance with all Terms
and Conditions. Your Account, including any Cash or other
credits in your Account, is non-transferable and non-assignable,
and may not be pooled, lent, sold, or exchanged. We may
change rules about requesting Cash payment or redeeming
other credits in your Account at any time and such changed
rules will apply to Cash already accrued as well as to
Cash accrued in the future. You may request Cash payment
out of your Account (also referred to as “redeeming”
Cash) only as permitted by these Terms and Conditions.
Redeeming Cash and receipt of any payment by you is contingent
upon your: (1) full compliance with these Terms and Conditions
generally; and (2) compliance with the specific rules
or terms then in effect for the particular redemption
offer.
2. NO REDEMPTION OF CASH UNTIL YOU HAVE
ACCRUED AT LEAST TEN DOLLARS IN YOUR ACCOUNT ($10.00)
(THE “MINIMUM PAYMENT AMOUNT”). THE TERMS
“CASH,” “DOLLARS,” AND SIMILAR
TERMS ARE USED INTERCHANGEABLY IN THIS WEBSITE. YOU HAVE
NO RIGHT TO REDEEM THE “CASH” IN YOUR ACCOUNT,
AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER,
UNLESS AND UNTIL YOU HAVE ACCRUED AT LEAST THE MINIMUM
PAYMENT AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE
ACCRUED THE MINIMUM PAYMENT AMOUNT, SUCH “CASH”
IS DEEMED A CONTINGENT LIABILITY, THAT IS ENTIRELY CONTINGENT
UPON: (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT
AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH
THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOUR ACCOUNT
BALANCE REACHES THE MINIMUM PAYMENT AMOUNT, THE “CASH”
IN YOUR ACCOUNT HAS NO CASH VALUE.
FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN INITIAL BALANCE
OF FIVE DOLLARS ($5.00), AND THEN ACCRUE ANOTHER TWO DOLLARS
($2.00) IN CASH IN YOUR ACCOUNT, FOR A TOTAL OF $7.00,
YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE
NOT LIABLE TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU
WOULD HAVE TO EARN YET ANOTHER THREE DOLLARS ($3.00),
FOR A TOTAL OF TEN DOLLARS ($10.00) ACCRUED BALANCE, BEFORE
YOU WOULD BE ENTITLED TO ANY PAYMENT.
3.
Tax Matters
You are responsible for any and all tax liability arising
from or associated with your use of this Website, including
liability arising from your accrual of Cash or your redemption
of Cash for cash or other items. We will require you to
provide necessary tax information about yourself prior
to receiving payment when requesting payment greater than
$600 at one time or cumulatively during a calendar year.
4. Payment Schedule
Requests to redeem Cash and send payments are processed
on a Net-20 basis. That means payment requests are processed
20 days after the end of the month in which the redemption
and payment was requested. For example, a payment request
that takes place any time in October would be processed
on November 20. After requesting payment, Users can view
their scheduled payment processing date by logging into
the Member’s Section and clicking the “Payment
History” link.
Payments are processed on the 15th of every month and
generally mailed via USPS by the 20th, depending on the
day of the week and how many payment requests there are
for that month.
All payments are inspected immediately prior to processing.
Payment requests belonging to Users who have become Inactive
(as described above) for the Maximum Inactive Period or
who have duplicate Accounts be forfeit.
5. Returns and Reversals
Any time you return a Cash Shopping purchased item for
which you received Cash in your Account, and any time
you void, cancel, rescind, or reverse any Cash Shopping
transaction for which you received Cash in your Account,
ThisSiteisForReal will subtract a corresponding amount
of Cash from your Account. Similarly, if any Advertiser
notifies us that it is reversing its transaction with
you for any reason on any of our Cash generating activities,
we will subtract a corresponding amount of Cash from your
Account.
6. Fraud Prevention
ThisSiteisForReal reserves the right to request further
information from Users to ensure they have not fraudulently
completed offers or participated in offers with no intent
to ultimately go through or honor the offer. This information
may include, but is not limited to, a copy of the credit
card statement that was used to complete the offers, in
order to ensure a stolen credit card was not used.
ThisSiteisForReal reserves the right to place any payment
request on hold, for any reason, until the requested information
has been provided by the User. Ample notice will be given
to the User to provide this information. If the User does
not provide this information before their payment is scheduled
to be processed, their Account will be suspended until
they do so. All decisions by ThisSiteisForReal regarding
fraud or suspected fraud are binding and final.
GENERAL
TERMS
1.
Copyrights and Trademarks
All content, materials, images, and other items on or
accessed directly through this Website (collectively,
the “Content”) belong to Impact Marketing,
its third party licensors, or third party Advertisers.
There are some important rules about using and copying
the Content. You may download or print one copy of the
Content on this Website, but only for your personal, noncommercial
use. When you download or print a copy of the Content,
you must also include all copyright and other notices
that are in the Content, including the copyright notice
on the bottom of the page.
The Content is protected by United States and foreign
copyright laws. If you use the Content in a way that is
not clearly allowed by these Terms and Conditions, you
are violating your agreement with us and may be violating
copyright, trademark, and other laws. In that case, we
automatically revoke your license to use the Content and
you must immediately destroy any copies you have made.
All right, title, and interest in and to the Content remains
with Impact Marketing or our third party licensors. All
rights not expressly granted are reserved.
2. User Postings, Messages, and Chat
The Website may include certain sections in which, now
or in the future, Users are permitted the opportunity
to post comments, feedback, other messages, or the opportunity
to communicate with other Users. All such communications
provided by you on or through this Website, or sent to
us by email, mail, or other means (collectively, “Postings
and Messages”) will be considered non-personal,
non-confidential, and non-proprietary. You hereby grant
Impact Marketing a perpetual, worldwide, royalty-free,
unrestricted, irrevocable license to use, reproduce, display,
perform, modify, create derivative or collective works,
transmit and distribute your Postings and Messages, and
agree that Impact Marketing is free to use such Postings
and Messages for any purpose and in any medium. You further
grant Impact Marketing the right to sublicense or assign
any of the foregoing rights to others. In addition, you
grant a license to all Website members to print one (1)
copy of your Postings or Messages for their personal use
only.
All Postings and Messages appearing on the Website are
the responsibility of the person providing such Posting
or Message. Impact Marketing is not responsible for the
contents of any Posting or Message. Impact Marketing does
not in any way endorse the contents of any Posting or
Message, nor does it guarantee the accuracy or completeness
of any Posting or Message. You are advised that Postings
or Messages may be false or misleading. Any action you
may take in reliance on any Posting or Message appearing
on this Website is solely at your own risk.
If you believe a Posting or Message by another User violates
the copyright or other proprietary rights of a third party
please notify us immediately, specifically identifying
the offending Posting or Message as well as the true copyright
owner and any supporting information, and we will take
appropriate action. You also agree that we may communicate
with you, by email or any other method, regarding your
participation with ThisSiteisForReal and related activities.
3. Website and Program Termination
We may discontinue or terminate all or any part of this
Website or the Cash earning and Account program at any
time. In the event we terminate in its entirety the Cash
program, Users will have thirty (30) days in which to
redeem any Cash which they are entitled to redeem under
these Terms and Conditions.
4. Privacy and Security
You understand and agree that we will handle information
as described in the Privacy Policy, as it may be modified
from time to time. ThisSiteisForReal uses a variety of
security measures to protect the integrity of this Website,
as well as Account and individual information. However,
we can not and do not guarantee absolute security, and
we are not responsible for any illegal acts of third parties
including hacking or similar activities.
5. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER IMPACT MARKETING, NOR ANY PERSON
OR COMPANY ASSOCIATED WITH IMPACT MARKETING, INCLUDING
ADVERTISERS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE
“COVERED ENTITIES”) SHALL BE LIABLE FOR ANY
DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS
WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION
COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT
LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION
COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT
LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE,
CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL
INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES,
OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF
YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE
LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.
IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU
FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED
ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING
FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED
EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. NO WARRANTY
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS
IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY
OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IMPACT MARKETING MAKES NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT
AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED
TO THE OFFERS PROVIDED BY ADVERTISERS. YOU ARE RESPONSIBLE
FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE
OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE
OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. IMPACT
MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES THAT
USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE.
YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE
OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR
DESTRUCTIVE PROGRAMS. YOU AGREE THAT IMPACT MARKETING
SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO
ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO
YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES
BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY
ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE
OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY
MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF,
INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS
CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED
IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS
TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME
JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING
EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF
THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
7. Indemnity
You agree to indemnify, defend and hold the Covered Entities
described above harmless from and against any and all
costs, liabilities, losses, and expenses (including, but
not limited to, reasonable attorneys’ fees) resulting
from any claim, suit, action, or proceeding brought by
any third party against any of the Covered Entities alleging
or arising from or related to your use of the Website
or any breach of these Terms of Use by you. This paragraph
survives expiration or termination of your membership
or these Terms of Use.
8. Independent Contractor
You and ThisSiteisForReal are independent contractors
as to one another. You are not ThisSiteisForReal’s
agent or employee for any purpose and shall not hold yourself
out as ThisSiteisForReal’s agent or employee.
9. Contact Us
Our contact information is:
ThisSiteisForReal.com
402 Main Street Suite 100-224
Metuchen, NJ 08840
Email: support@thissiteisforreal.com
Please contact us immediately if you believe any information
or item on this Website violates any copyright or other
right of any third party.
10. Governing Law and Jurisdiction
You hereby agree that the only proper jurisdiction and
venue for any dispute with ThisSiteisForReal or any of
the other Covered Entities, or in any way relating to
your use of this Website, is in the state and federal
courts in the State of New Jersey, U.S.A. You further
agree and consent to the exercise of personal jurisdiction
in these courts in connection with any dispute involving
ThisSiteisForReal or the Covered Entities. Any claims
arising form or related to your use of this Website or
relating to the information, services or products available
on this Website will be governed by the laws of the State
of New Jersey, excluding the application of its conflicts
of law rules. You agree that any cause of action arising
out of or relating to these Terms of Use or your use of
the Website will be commenced by you within one (1) year
after such cause of action arose. Actions not commenced
by you within one (1) year are permanently barred.
11. Limitation on Claims
You agree that in the event you have or may have any alleged
claim against ThisSiteisForReal or any Covered Entity,
you shall pursue such claim only in your individual capacity,
and you shall not agree to join or be a part of any class
action, consolidated action, or similar action. You also
agree that your damages are limited as set forth elsewhere
in these Terms of Use and that you are not eligible to
receive, and shall not seek, attorney fees in relation
to any claim you have or may have against ThisSiteisForReal
or any Covered Entity.
12. Miscellaneous
If any provision of these Terms and Conditions is held
to be overbroad, invalid, or unenforceable, such provision
shall be deemed amended to the minimum extent necessary
to render such provision valid and enforceable. If any
provision can not reasonably be deemed amended, then such
provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe
the scope or extent of such section. Users may not sell,
assign, or otherwise transfer any rights under these Terms
and Conditions, including any membership, Cash, or other
benefit. Impact Marketing may assign or transfer its rights
and obligations under these Terms and Conditions. Our
failure to act with respect to any failure by you or others
to comply with these Terms and Conditions does not waive
our right to act with respect to subsequent or similar
failures. These Terms and Conditions, along with any changes
or updates thereto by us as described above, set forth
the entire understanding and agreement between us with
respect to the subject matter hereof. All sections of
these Terms of Use, other than those sections dealing
with your future accrual of Cash, survive expiration or
termination of your Account or your right to use or visit
this Website for any reason.
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