Terms of Use

This Agreement contains the terms and conditions between ActivityTree, LLC dba Discount Pickers (“Discount Pickers”) and you (Customers, Stores, Bloggers and/or any other user, collectively referred to as “User”) and governs the use of the services offered (the “Services”) at DiscountPickers.com (the “Site”). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this “Agreement”) whether or not you create an account with Discount Pickers. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein and consent to receiving the Agreement in electronic form. If you object to anything in this Agreement or the Discount Pickers Privacy Policy, do not use the Site or the services offered by DiscountPickers.com (the “Services”).

1. ACCEPTANCE OF TERMS OF USE AGREEMENT.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Discount Pickers from time to time, such modifications are effective upon posting by Discount Pickers on the Site. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes. This Agreement includes the Discount Pickers Privacy Policy.

2. ONLINE CONDUCT.

User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Discount Pickers is notified of any information, data, software, photographs, typefaces, graphics, blog post, comment, video and other material on the Site (collectively “Content”) provided by User that is allegedly infringing, defamatory, damaging, illegal, or offensive, Discount Pickers may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. Discount Pickers reserves the right to prohibit or restrict conduct, communication, or Content that Discount Pickers deems in its sole discretion to be harmful to Users, Discount Pickers, Discount Pickers affiliates, the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, Discount Pickers, including its officers, directors and employees cannot ensure prompt removal of questionable Content after online posting. Accordingly, Discount Pickers, including its officers, directors and employees, shall have no liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.

Although Discount Pickers cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect the integrity of the Site and the Service, Discount Pickers reserves the right at any time in its sole discretion to block Users from accessing the Site or the Services.

3. ELIGIBILITY.

By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, Services are not available to minors under the age of eighteen (18).

4. SITE CONTENT.

Discount Pickers is a distributor, not a publisher, of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Discount Pickers or its officers, directors or employees, unless expressly stated otherwise. Neither Discount Pickers, nor its officers, directors or employees, make any representation, warranty or guarantee of the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated.

You are responsible for providing accurate, current and complete information in connection with your creation of an account and use of the Site. You acknowledge, consent and agree that Discount Pickers may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Discount Pickers, its users and the public. Discount Pickers does not claim ownership of any Content submitted and/or posted by you on the Site. However, by posting Content to any public area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Discount Pickers, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You also permit any User to access, display, view, store and reproduce such content for personal use. You also represent and warrant that public posting and use of your Content by Discount Pickers will not infringe or violate the rights of any third party. You agree to indemnify and defend Discount Pickers against any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the infringement or alleged infringement of a third parties intellectual property rights in Content you post on the Site.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Discount Pickers through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Discount Pickers is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Discount Pickers shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Discount Pickers may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Discount Pickers without any obligation of Discount Pickers to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Discount Pickers under any circumstances.

5. THIRD PARTY MERCHANDISE AND SERVICES; PROMOTIONS.

Customers may purchase services or merchandise through the Site from Stores. Stores create and maintain accounts with Discount Pickers, but are not otherwise affiliated with Discount Pickers. For example, Customers may choose to purchase Store merchandise on the Site. All matters concerning the merchandise and services purchased through Discount Pickers are solely between Customers and the Stores. Discount Pickers makes no warranties or representations whatsoever with regard to any goods or services provided by Stores. Customers will not consider Discount Pickers, nor will Discount Pickers be construed as, a party to such transactions, whether or not Discount Pickers may have received some form of revenue or other remuneration in connection with the transaction. Customers agree that Discount Pickers will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

Discount Pickers and/or third parties may, from time to time, send e-mail messages to Customers containing advertisements, promotions, etc. Discount Pickers makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and Customers agree that neither Discount Pickers nor such third party shall have any liability with respect thereto.

6. BLOG.

By submitting your content to Discount Pickers for publication on Discount Pickers’ Blog, including written content and video content, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived. By submitting your content to Discount Pickers, you agree to have your content reviewed by Discount Pickers. We reserve the right, in our sole discretion to modify, to publish, or not to publish content you submit to the Blog.

You may not use Discount Pickers’ name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by Discount Pickers, or by our sponsors, partners or any related organizations is strictly prohibited. By posting content to Discount Pickers’ Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate this Agreement. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. You agree to indemnify and hold Discount Pickers, our affiliates, employees and directors harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of this Agreement or the rights of another.

7. PRIVACY.

Discount Pickers will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our Privacy Policy.

8. LINKS TO EXTERNAL SITES.

Links from the Site to external sites or links from external sites to the Site (including external sites that are framed by Discount Pickers) or inclusion of advertisements do not constitute an endorsement by Discount Pickers of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. Discount Pickers does not control such sites, and is not responsible for their content. Use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Discount Pickers’ Terms of Use and Privacy Policy. Discount Pickers expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site or content that appears on sites which provide a link to the Site. User hereby agrees to hold Discount Pickers harmless from any liability that may result from the use of links that may appear on the Site or third party sites that provide a link to the Site.

9. COPPA COMPLIANCE.

Users should monitor children’s use of the Internet. Discount Pickers is intended for people 18 or over. Discount Pickers will not knowingly collect any information from children under 13. You must identify your age during the registration process. Discount Pickers takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. However, we do not assume any responsibility for any misrepresentations regarding age when using this Site. Should we determine that any User provided false information to us when using this Site, the User’s membership may be terminated immediately.

10. LICENSES AND RESTRICTIONS.

Discount Pickers grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Discount Pickers) of the Site. Discount Pickers further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of Discount Pickers so long as the link does not portray Discount Pickers, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to: (i) modify, download (other than page caching), reproduce, copy, or resell the Site, the Content or any portion or derivative thereof; (ii) commercially use the Site, the Content or any portion derivative thereof (unless User has a business relationship with Discount Pickers); (iii) copy or download any User’s account information for the benefit of any third party; (iv) enable high volume, automated, electronic processes that apply to the Site or its systems; (v) use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose; (vi) interfere or attempt to interfere with the proper working of the Site; (vii) bypass any Discount Pickers measures used to prevent or restrict access to any portion of the Site; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Discount Pickers; or (ix) use Discount Pickers names, trademarks, services marks or logos in any meta tags or any other “hidden text” or compile, repackage, disseminate or otherwise use data extracted from the Site. The foregoing are expressly prohibited. The right to do any of the foregoing shall require Discount Pickers’ express written consent (which may include a written agreement signed by an authorized representative of Discount Pickers). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Discount Pickers.

The Site and Services may not be used by any person or organization to contact, by any means, any Customers or Stores for a purpose not related to the Services offered on the Site without express written permission from Discount Pickers. Should Discount Pickers find that you violated the terms of this paragraph or any terms stated herein, Discount Pickers reserves the right, at its sole discretion, to immediately terminate your use of the Site.

11. PAYMENT AND REFUND POLICY FOR CUSTOMERS.

Customers are obligated to pay for the Service and merchandise fees reflected in their order confirmation, unless specifically notified otherwise. Customers authorize Discount Pickers to charge their chosen payment provider for all required Discount Pickers and merchandise fees in one or more transactions. In the event a Customer fails to make timely payment Customer shall be liable for all damages, expenses and costs, including all reasonable attorney’s fees incurred by Discount Pickers in collecting amounts payable. Discount Pickers reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

The ability of a Customer to obtain refunds or credits, if any, is determined by the policy established by each individual Store. Please refer to the cancellation policy contained in each listing’s detailed description, or your receipt for details. Contact the Store to discuss matters relating to refunds or credits. Fees charged for Discount Pickers Services are non-refundable. All Stores reserve the right to modify product offerings at any time, or cancel listings if there if inventory is not sufficient in their opinion. Refunds or credits, if any, in the event of oversold inventory are determined by the policy established that individual Store.

12. TRADEMARKS.

The Discount Pickers trademark is owned by Discount Pickers. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Discount Pickers and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner. Accept as specifically authorized by this paragraph, no Discount Pickers trademark or trade dress may be used in connection with any product or service that is not Discount Pickers’, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Discount Pickers. Without limiting the foregoing, you may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Discount Pickers.

13. COPYRIGHT.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Discount Pickers or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Discount Pickers and protected by U.S. and international copyright laws. All software used on this site is the property of Discount Pickers or its software suppliers and protected by United States and international copyright laws.

14. PASSWORD AND ACCOUNT SECURITY.

Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Discount Pickers account using an old e-mail address, such User will not receive messages from Discount Pickers about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s Discount Pickers account.

15. DISCLAIMERS AND LIMITATION OF LIABILITY.

THE DISCOUNT PICKERS SITE IS PROVIDED BY DISCOUNT PICKERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCOUNT PICKERS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

WITHOUT LIMITING THE FOREGOING, DISCOUNT PICKERS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF DISCOUNT PICKERS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

DISCOUNT PICKERS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DISCOUNT PICKERS.

UNDER NO CIRCUMSTANCES SHALL DISCOUNT PICKERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DISCOUNT PICKERS’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

DISCOUNT PICKERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, EMAILS DISTRIBUTED TO ANY USER, OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF SUCH DISCOUNT PICKERS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION.

Users agree to indemnify, defend and hold harmless Discount Pickers, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “Discount Pickers and Affiliates”) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by Discount Pickers and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and Content you submit, post or transmit through the Site, (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law, or (iii) your failure to pay any amounts due for services or merchandise offered by Stores through the Site. Users further agree that they will cooperate as reasonably required in the defense of such claims. Discount Pickers and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Discount Pickers. Users further agree to hold harmless Discount Pickers and Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.

17. RELEASE.

Customers may seek Stores and merchandise through the use of the Site and Stores may list merchandise through the Site. In the event that a Customer purchases merchandise from a Store listed on the Site, the agreement related to the merchandise purchase is solely between the Customer and the Store; Discount Pickers is not a party to any such agreement. Any issues concerning the merchandise or payment due to the Store, other than payments due from Discount Pickers to the Store, must be resolved directly by the Customer and the Store. Discount Pickers will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold Discount Pickers harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any Users therein to Discount Pickers immediately by notifying Discount Pickers of the same via electronic correspondence.

18. NOTICES.

User consents to receive electronic communications from Discount Pickers, whether addressed to the e-mail address associated with such User’s Discount Pickers account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Discount Pickers Site satisfies any legal requirement that such communications be made in writing.

19. SEVERABILITY.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

20. APPLICABLE LAW; JURISDICTION.

The Discount Pickers Site is created and controlled by Discount Pickers in the State of Minnesota. The laws of the State of Minnesota will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Discount Pickers and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Dakota County, Minnesota and waives any objection to the laying of venue of any litigation in said courts.

21. ADDITIONAL TERMS AND CONDITIONS.

In addition to the policies and guidelines located throughout the Site, the Privacy and Security Policy accessible via a link on the bottom of the Site pages is specifically incorporated into the Terms of Use.

22. MODIFICATION.

Discount Pickers reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice.

23. MISCELLANEOUS.

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

 

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