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| Terms and Conditions Please read this Member Agreement "The Agreement" carefully before signing up as a member of OffsetYourShipping. This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), you agree to be bound by the Program Terms and Conditions. Participation in the Program and its benefits are offered at the discretion of OffsetYourShipping, and OffsetYourShipping has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice. Changes will be posted on the OffsetYourShipping web site. Continued use of the service after changes have been posted signifies your acceptance of the modified terms. Eligibility You must be over 13 to participate. Those between age 13 and 18 must have parental permission before participating. Only one account is allowed per individual. No machines, scripts, or automated services can be used to accumulate benefits. The Program is only available via access to the OffsetYourShipping Web site. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. InClime, LLC is not responsible for your inability to connect to the Internet, log into the OffsetYourShipping Web site, or access your OffsetYourShipping account. You agree to comply with all laws, rules, and regulations that apply to you. You may participate in OffsetYourShipping only if your participation is allowed by the laws, rules, and regulations you are subject to. You are responsible for this determination. OffsetYourShipping reserves the right to terminate any membership that is not in compliance with these stipulations. You
agree not to "spam" unknown individuals by sending them unwanted
requests for referrals. Failure to comply with this rule will result
in termination of your account. You will be credited offsets based on the amount of net purchases made at participating merchants. The net purchase is defined as the total amount paid to the merchant minus tax, gift-wrapping, shipping, promotional credits, returns, cancellations, discounts, and transaction fees. Certain types of merchandise are excluded from earning offsets, including but not limited to gift certificates and cash or cash equivalents. Purchases will earn offsets only if all of the following criteria are satisfied: 1) "Cookies" must be enabled on your Web browser. 2) All purchases must begin by clicking on the link that appears on the OffsetYourShipping site and being successfully connected to the merchant's web site based upon that click. Altering or modifying these links in any way, including using book marked links to merchants, will invalidate the purchase and it will not earn offsets. 3) The purchase must be completed during the same "session" immediately following a click through to the merchant's web site. A "session" is defined as the time period that begins when Criteria #2 is completed and ends when a purchase is made at the merchant without an "intervening event". An intervening event is defined as any of the following and is deemed to have occurred anytime between Criteria #2 and purchase of a product or products on the merchant's web site: the Member being disconnected from the Internet for any reason or from any cause; the Member closing their web browser software prior to completing a purchase in the same session; a Member bookmarking a web page and then subsequently returning to that bookmark to complete the purchase; a Member leaving a merchant's web site prior to completing a purchase in the same session; any other event which causes an interruption between Criteria #2 and purchase of a product or products.
Offsets awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by OffsetYourShipping at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program. OffsetYourShipping reserves the right to cancel any account engaged in deceptive, abusive, or fraudulent activity. You are responsible for informing OffsetYourShipping of any discrepancies within 60 days of the applicable purchase. You will be responsible for any and all tax liability arising out of your accrual of offsets. OffsetYourShipping is not responsible for the change or discontinuance of any merchant. OffsetYourShipping is also not responsible for the performance of any merchant filling your order, including but not limited to suitability, delivery of promised goods or services, or any other dispute between you and the merchant. You are responsible for ensuring that all offsets have been properly credited to your account, and for informing OffsetYourShipping promptly if offsets have not been credited. You must inform OffsetYourShipping of any discrepancies within 30 days of any qualifying activity. All offsets earned are subject to review. You will choose a username and password when registering for OffsetYourShipping. It is recommended you safeguard your password and inform OffsetYourShipping at any time you feel it has been compromised. OffsetYourShipping will act on any orders or account changes made under your password and takes no responsibility for any misuse of your password. You authorize OffsetYourShipping to disclose to third parties information you have provided. This includes information passed to merchants that is required to properly credit offsets to your account. It also includes compliance with any court orders or authorized requests from government agencies, as well as information needed by OffsetYourShipping or its affiliates such as consultants, auditors, or lawyers. Disclaimer The OffsetYourShipping program is being offered on an "as is" basis with no warranty. OffsetYourShipping disclaims all representations and warranties, express or implied, with respect to the program, including, but not limited to, uninterrupted, error free, or timely service, merchantability and fitness for any particular purpose, performance of any product, or the accuracy or reliability of any information provided. In addition, OffsetYourShipping does not warrant, guarantee, or make any representations regarding the quality, advertising, or suitability of any products or services obtained through a merchant listed on the OffsetYourShipping web site. Limitation of Liability In no event will any company with which OffsetYourShipping has a corporate partnership be liable to you for any damages, including those related to nonperformance by OffsetYourShipping. You agree not to sue any corporate partner for non-performance of OffsetYourShipping. OffsetYourShipping, Inc. is not responsible for any DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH your use or inability to use the OffsetYourShipping web site, any failure or delay on the part of OffsetYourShipping, or THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS EVEN IF OffsetYourShipping, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. MEMBER AGREES TO INDEMNIFY AND HOLD OFFSETYOURSHIPPING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. |
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