Last Updated: June 2009
Congratulations!
You have made a great decision to be an Aisle 19 customer!
Contents:
1. What the User Agreement covers.
2. Program Overview.
3. Eligibility.
4. How You May Use the Service.
5. How You May Not Use the Service.
6. Member Responsibilities.
7. Questions on a potentially qualified
purchase.
8. Prices and Price Increases.
9.
Use of Online coupons
10. Refund Policies.
11. Transaction Reporting Process
12. Your Content.
13. Privacy.
14. Termination and Modification
15. If We Cancel the Service.
16. WE MAKE NO WARRANTY.
17. LIABILITY LIMITATION.
18. Interpreting the User Agreement.
19. Assignment
20. Dispute Resolution
21. Your Notices to Us.
22. Notices We Send You; Consent
Regarding Electronic Information.
23. Miscellaneous
1. What the User Agreement covers.
This is a contract between
you and AISLE19 INC. Sometimes the AISLE19 INC. company
is referred to as "Aisle 19," "we," "us" or
"our". This contract applies to any Windows Live, Aisle 19, MSN, Aisle
19 Office Live or other Aisle 19 software or services, including updates, that
display or link to this contract and that you use
while this contract is in force. All of the Aisle19 program(s) or services are
referred to in this contract as the "service."
This
"User Agreement" exists to ensure that you, as an Aisle 19 Member,
fully understand what you will be paid for, when you will be paid, what rights
and responsibilities you have as an Member and what
our responsibilities are to you. By becoming a member of the Aisle 19,
you agree that you have read, understood, and agreed with the following
"User Agreement", and consent to be bound by all said "User
Agreement", including any future updates.
Please note that we
do not provide warranties for the service. The contract also limits our
liability. These terms are in sections 16 and 17, and we ask you to read them
carefully.
2. Program Overview.
The
"Program" is defined as the Aisle 19 Cash Back program that allows
registered members of Aisle 19 to shop with our "Affiliate Merchants"
and earn "Cash Back Rebates" as a rewards program. This program is
free and offered by invitation only and is conferred as a benefit of membership
of Aisle 19. You are under no obligation to participate in this Program.
Aisle 19
offers Cash Back Rebates by working with online retailers utilizing affiliate
marketing. As an Aisle 19 Member, you will be credited, subject to this
Agreement, a specified amount of Cash Back of the net purchases or a specified
flat amount for purchases or offers made by you through the Aisle 19 website at
merchants designated by Aisle 19 ("Affiliate Merchants"). Cash Back Rebates that are earned by you as a
result of a purchase(s) from our Affiliate Merchants will be held in an account
maintained by Aisle 19 until the amount in your account exceeds $15.00 US
Dollars. We will automatically send you your Cash Back Rebates by check
via U.S. Mail once you have exceeded the $15.00 US Dollars threshold, subject
to the terms and conditions of this User Agreement.
Aisle 19 is
not responsible for the products or services offered by the Affiliate
Merchants.
Aisle 19 is
only responsible for establishing and maintaining your account based upon the
information you provide and the purchase information provided by the Affiliate
Merchants and for permitting you to receive your Cash Back Rebates until such
time as the Cash Back Rebates have been forfeited or terminated as set forth in
this User Agreement.
Aisle19 is
not an income opportunity. However, Aisle19 has both for-profit and non-profit
partners who provide the opportunity to create revenue for sharing the secret
of Aisle 19 with others. If you are interested in learning more, please
indicate your interest by utilizing the contact us feature.
3. Eligibility.
You are
eligible to use this service, as long as you:
- Are at least 18 years of age and reside in the U.S.
- Provide us with a valid email address and password
for account access.
- Have a valid U.S. mailing address (a PO Box
won't work).
- Adhere to this, the User Agreement. Read this
carefully for specific limitations
You may start using the
service as soon as you have finished the sign-up process.
Members
must maintain one unique account and any duplicate accounts are subject to
cancellation.
The Program
is currently offered for purchases made through links on the Aisle 19 web site.
You must have Internet access and a valid working email address to receive the
privileges and benefits of participation in the Program. Aisle19 is not responsible for your inability
to connect to the Internet, log into the Aisle19 Web site, or access your
Aisle19 account.
4. How You May Use the Service.
In using the service, you
will:
- obey the law;
- obey any codes of conduct or other notices we
provide;
- obey the Aisle 19 User Agreement
- keep your service account password secret; and
- promptly notify us if you learn of a
security breach related to the service.
To be eligible for Cash Back Rebates
you must make a "Qualified Purchase". Generally, in order to make a
"Qualified Purchase", you must satisfy the following criteria:
- You must be
18 years of age or older;
- You must log
on to Aisle19.com with your user name;
- You must link
to an Affiliate Merchant
- You must add
items to their cart
- You must
complete your transaction during the same session immediately following
the initial click-through to the Affiliate Merchant's site
- You must have
cookies enabled on your web browser
- You must not
use 3rd party check out services such as Paypal
or Google. (This does NOT apply to
eBay transactions)
- You must
reside in the U.S.A. or
Canada.
5. How You May Not Use the Service.
In using the service, you may
not:
- engage in, facilitate or further unlawful conduct;
- use the service in a way that harms us or our
advertisers, affiliates, resellers, distributors and/or vendors, or any
customer of ours or our advertisers, affiliates, resellers, distributors
and/or vendors;
- use any portion of the service as a destination
linked from any unsolicited bulk messages or unsolicited commercial messages
("spam");
- use any automated process or service to access
and/or use the service (such as a BOT, a spider, periodic caching of
information stored by Aisle 19, or "meta-searching");
- use any unauthorized means to modify or reroute, or
attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service
(or the network(s) connected to the service) or interfere with anyone's
use and enjoyment of the service; or
- resell or redistribute the service, or
any part of the service.
Reasons why you will not earn Cash Back Rebates, include,
but are not limited to, the following:
- You are under
the age of 18.;
- You do not
log onto Aisle19.com with your user name;
- You go
directly to the participating merchant without first visiting Aisle19.com
- You complete
multiple transactions without returning to Aisle19.com. Completing each transaction ends your
"cash back session" with Aisle19, and you have to start over to
earn cash back on additional transactions from the same Affiliate
Merchant;
- You type a
new address (URL) in the window opened by an Affiliate Merchant Site or
Offers page;
- You click on any "special offers" or
toolbars from other websites while shopping;
- Your navigate away from the store's site after you
start the purchase process;
- You allow too
much time to lapse between linking to the Affiliate Merchant and
completing the purchase;
- You wait for hours to complete a purchase;
- You Close your browser
window before completing a purchase.
- You Shop with “InPrivate
Browsing” enabled in Internet Explorer 8
- You contact
the Affiliate Merchant to change an order;
- You fail to
abide by the restrictions imposed by an Affiliate Merchant;
- You do not
reside in the United States
or Canada;
- The Affiliate
Merchant fails to transmit to Aisle19 the commission corresponding to the
transaction;
- You have been
notified by Aisle19 that you are no longer eligible for Cash Back;
- You purchase
a product or service that the Affiliate Merchant does not designate as
eligible for commissions (Cash Back);
- You used
discount codes, coupon codes or promotion codes that were NOT supplied by
supplied by Aisle 19 (this may negate a "Qualified
Purchase")
If you do any of these
things, we might lose track of you and the store might think that you came from
someplace other than Aisle 19. If that happens, it will be hard for us to prove
that you made your purchase through Aisle 19.
Not sure about a purchase?
Want to comparison shop or make multiple purchases? No problem. Just be sure to
start from Aisle 19 when you're ready to buy.
Keep track of the order
confirmation & order number you receive from the store. If we have trouble
finding your cash back rebates, we'll ask you for the order number to identify
your purchase.
Any attempt to accumulate Cash Back
Rebates by means of an automated machine or computer, scripts, software
computerized or automated process, or through the use of multiple accounts is
expressly prohibited. Aisle 19 will cancel a member’s account and that member
will forfeit all Cash Back Rebates earned if they are found to be manipulating
the system. Aisle 19 reserves the right to pursue such prohibited conduct to
the fullest extent of the law.
6. Member Responsibilities.
You are responsible for all
activity that takes place with your Aisle 19 account or an associated account.
You may not authorize any third party to access and/or use the service on your
behalf except where Aisle 19 provides a mechanism for third parties to access
the service on your behalf.
You are responsible for
maintaining accurate account information at all times, including valid email
address information. Members are also responsible for reviewing their account
balance on a regular basis and for checking to ensure that all awards have
been made properly.
You must inform Aisle 19
within 60 days of a Qualified Purchase if you believe there has been a failure
or error in the award of Cash Back Rebates related to the purchase.
Furthermore, all accounts are
subject to review. Necessary adjustments may be applied to Member accounts at
any time by Aisle 19 at its sole discretion. If you do not agree to adjustments
made to your account, your only recourse will be to terminate your membership
in the Program. Aisle 19 reserves the right to terminate any account for
abusive or fraudulent activity, or if the Member is no longer reachable at the
e-mail address provided.
Aisle 19 is entitled to act on
instructions received under your password as an Aisle 19 member and in
connection with your account. You are responsible for keeping your email
address, passwords, account numbers, and other account information
confidential. Aisle 19 is not responsible for any credits or debits made to
your account by someone else who uses your password. Aisle 19 will not be
responsible for any losses or liabilities incurred through the use of your
password by a third party.
You authorize Aisle 19 to disclose to
third parties information you have provided, or information that Aisle 19 has
obtained about your Aisle 19 account: (i) to agents
of Aisle 19 or its affiliates, such as independent auditors, consultants or
attorneys; (ii) to comply with government agency or court orders or requests;
or (iii) where it is necessary for redemption or transfer of your Cash Back
Rebates. You authorize Aisle 19 to receive any account information from any
Affiliate Merchant including, but not limited to information regarding the
Qualified Purchase such as the products ordered, the order number, the time and
date the Qualified Purchase occurred, the email address entered for the
Qualified Purchase. You agree to hold the Participating Merchant harmless for
any information disclosed to Aisle 19.
7. Questions on a potentially qualified
purchase.
Determination of whether or not a
purchase made through an Aisle 19 "Affiliate Merchant" is a
"Qualified Purchase" is at the sole discretion of Aisle 19 and/or the
Affiliate Merchant. Aisle 19 is not
responsible for tracking problems resulting from incorrect usage of the Aisle
19 site, disabling cookies, computer issues resulting from unknown causes such
as third-party software or other issues, merchant partner errors/omissions or
from any other failure of tracking mechanisms.
Furthermore, Aisle 19 cannot guarantee that cash-back will be rewarded
on purchases even if all steps are followed for a "Qualified Purchase".
PLEASE UNDERSTAND THAT OUR INTENTION
AND DESIRE IS TO GENERATE REVENUES FROM TRANSACTIONS MADE THROUGH AISLE19 AND
TO PAY YOU CASH BACK ON YOUR TRANSACTIONS.
OUR COMMITMENT TO YOU AS A MEMBER IS THAT IF WE GET PAID FOR YOUR
TRANSACTION THEN YOU WILL GET PAID.
HOWEVER IF WE DON’T GET PAID, THEN OF COURSE WE CANNOT PAY YOU. WE WILL MAKE EVERY EFFORT (subject to the
terms of this agreement) TO SEE THAT WE BOTH GET PAID.
Aisle19 is not responsible for changes
to, or discontinuances of, and Affiliate Merchant, or an Affiliate Merchant
withdrawal from the program, or for an effect on accrual of Cash Back Rebates
caused by such changes, discontinuance, or withdrawal.
Aisle 19 provides a venue for obtaining
the information contained in this site and has no control over the legality of
any coupons or other offers made by the Affiliate Merchants, the ability of any
of the Affiliate Merchants to complete the sales in accordance with the offers,
or the quality of the goods offered by the Affiliate Merchants. Aisle 19 has no
control over whether Affiliate Merchants will honor the offers shown on this
site and does not guarantee the accuracy or completeness of the information
contained in this site. In the event you have a dispute with a Affiliate
Merchants in any way relating to this site or the use of information from this
site, you agree to waive and release Aisle 19 from any and all claims, demands,
actions, damages (actual and consequential), losses, costs or expenses of every
kind and nature, known and unknown, disclosed and undisclosed relating to that
dispute.
If a discrepancy does occurs in an Aisle 19 member account
such as a Cash Back Rebate not being credited to your account and you believe
the purchase through Aisle 19, then you must contact Aisle 19 via our Customer
Support within 60 days of the purchase/order date of the goods/services.
Failure in contacting Aisle 19 within that 60 day period will result in no
customer support rebate inquiries to the merchants for the said
orders/purchases.
When a rebate inquiry is submitted by a member, Aisle 19
customer support will contact the merchant in question and will seek a
resolution but Aisle 19 will not offer the rebate in question unless the
merchant agrees to pay Aisle 19 for that particular rebate. If after 4 weeks, a
merchant does not resolve the rebate issue, this will constitute non-payment
from the merchant and the rebate inquiry cannot be paid. In the event that an
error is made by Aisle 19, your sole remedy shall be the credit of the disputed
Cash Back Rebates to your Aisle 19 account.
In the event that a Participating Merchant shall withhold
any portion of the fees payable to Aisle 19 on account of a Qualified Purchase,
Aisle 19 reserves the right to withhold the same amount from the Cash Back Rebates
credited to your account based on such purchase(s).
8. Prices and Price Increases.
There is no cost to use the
Aisle 19 service; this is a free service to use. Cash back rebate are not awarded on taxes or shipping cost that you incur
while shopping with one of the Aisle 19 merchant stores.
Product
pricing is determined at the Affiliate Merchant’s website. Aisle 19 and
the Affiliate Merchants in question are not liable for any pricing errors.
Aisle 19 is not responsible for changes to, or discontinuance of, any Affiliate
Merchant, or any Affiliate Merchant withdrawal from the Program, or for any
effect on accrual of Cash Back Rebates caused by such changes, discontinuance,
or withdrawal.
All offers and promotions on this site are subject to change
without notice. Aisle 19 provides a
venue for obtaining the information contained in this site and has no control
over the legality of any coupons or other offers made by the Affiliate
Merchants, the ability of any of the Affiliate Merchants to complete the sales
in accordance with the offers, or the quality of the goods offered by the
Affiliate Merchants. Aisle 19 has no control over whether Affiliate Merchants
will honor the offers shown on this site and does not guarantee the accuracy or
completeness of the information contained in this site. In the event you have a
dispute with a Affiliate Merchants in any way relating to this site or the use
of information from this site, you agree to waive and release Aisle 19 from any
and all claims, demands, actions, damages (actual and consequential), losses,
costs or expenses of every kind and nature, known and unknown, disclosed and
undisclosed relating to that dispute.
9. Use of Online coupons.
Aisle 19 also provides online coupons as a free service to its members. These
online coupons are entered in by our administrative staff on a daily
basis. Aisle 19 is not responsible for the redemption, errors/omissions
or expiration of online coupons and it is the member's responsibility to make
sure that a discount, i.e.% off, special pricing or
free offer is present in the checkout process of an affiliate merchant.
Coupons are generally not valid with any other offer from a specific merchant unless
otherwise noted. Coupon codes obtained
outside of the Aisle 19 website may nullify a cash-back rebate given for a
particular merchant.
10. Refund Policies.
If you have
questions about a purchase, please know that you made that purchase with that
merchant, not with Aisle19. If there is a problem with your receipt you will need
to contact the merchant that you purchased the product from.
11. Transaction Reporting Process
Special
Incentive Store transactions will appear almost immediately in your account.
This will update your Cash Back totals, at the top of your mall homepage, to
include the Instant Cash Back earned.
However, transactions completed with regular Affiliate Merchants WILL
NOT appear in your “My Account” immediately.
Normally,
within three business days after a qualifying purchase is reported to Aisle 19
by the Affiliate Merchant, the transaction will be listed in the Regular Stores
section of you account with a status of "Reported”. The transaction will stay in the “Reported”
status for a period of up to 60 days (although for a few merchants, the period
can extend up to 90 days or more) to accommodate for returns, refunds, fraud
and other processing issues.
When
Aisle19 confirms that a payment from the Affiliate Merchant has been made for
the transaction, the transaction will then be marked as "Paid/Deposited"
in your account. This payment
confirmation process occurs once per month on or about the 15th of
the month. Checks will be sent to the
address stored in your account under “My Profile” and if a Business name was
given upon sign-up the check will be payable to the “Business Name” on the
account.
The
“Paid” of “Paid/Deposited” means that the Cash Back amount for this transaction
has been paid in an Aisle19 Cash Back check that has been or will be mailed to
you shortly. This also indicates that
the total Cash Back from this and/or other transactions has exceeded the $15
minimum check amount requirement. As
previously stated, Cash Back checks will be processed on or about the 15th of
every month and sent automatically (meaning you are not required to request
that it be sent to you like most every other reward site).
The
“Deposited” of “Paid/Deposited” means that Aisle19 has confirmed payment from
the Affiliate Merchant for your transaction, however your current outstanding
amount of Aisle19 Cash Back has not yet reached the $15 minimum required to
have a Cash Back check automatically sent to you. Your Cash Back will remain “Deposited” in
your Aisle19 account until the minimum amount of $15 is reached.
You
are responsible for reviewing your account balance on a regular basis, and
checking to ensure that Cash Back has been properly credited to your account.
If a discrepancy occurs in your Cash Back account, such as a rebate not being
credited to the account, then you must contact Aisle19 via our customer support
link on the Site, within sixty (60) days of the purchase/order date from a Affiliate Merchant. If you fail to contact Aisle19 within
that sixty (60) day period, such purchase/order shall be deemed to be accurate
and you hereby waive any right to dispute said purchase/order.
We may disqualify transactions,
reverse previously paid cash back savings, refuse redemptions and/or close your
account at any time if you participate in any fraud or abuse relating to the
service (including, without limitation, conducting "sham"
transactions or otherwise colluding with merchants), make any misrepresentation
in connection with your participation in the service, maintain multiple
accounts, or do not otherwise comply with this contract.
12. Your Content.
You may be able to submit
content for use in connection with the service. You understand that Aisle 19
does not control or endorse the content that you and others post or provide on
the service. Except for material that we license to you, we do not claim
ownership of the content you post or provide on the service.
The service includes public
areas available to the general public, shared areas available to others you
have selected and personal areas where you have not granted access to others.
If you share content with others on the service, in either public or shared
areas, then you understand and agree that others with whom you have shared
content may use that content. You grant to those members of the public to whom
you have permitted access free, nonexclusive permission to use, copy,
distribute and display the content solely in connection with the service and
other Aisle 19 products and services. If you do not want others to have those
rights, please do not share your content with them.
You understand that Aisle 19
may need and you hereby authorize Aisle 19 to use, modify, copy, distribute and
display content posted on the service to the extent necessary to provide the
service. This includes:
- storing and retrieving the content;
- making the content available to you and to those
members of the public to whom you have granted access or to the general
public (for content posted on public areas of the service);
- conforming to connecting networks' technical
requirements; and
- conforming to the limitations and terms of
the service.
You
understand that sharing content that violates others' copyrights and other
intellectual property rights violates this contract. You represent and warrant
that you have all the rights necessary for you to grant the rights in this
section 9 and that the use and publication of the content does not breach any
law. We will not pay you for your content. We may refuse to publish your
content and may remove your content from the service at any time.
13. Privacy.
Information
that is gathered from customers/visitors
In
common with other websites, log files are stored on the web server saving
details such as the visitor's IP address, browser type, referring page and time
of visit.
Cookies
may be used to remember visitor preferences when interacting with the website.
Where
registration is required, the visitor's email and a username will be stored on
the server.
How
the Information is used
The
information is used to enhance the visitor’s experience when using the website
to display personalized and accurate content.
E-mail
addresses will not be sold, rented or leased to 3rd parties.
E-mail
may be sent to inform you of news of our services or offers by us.
Emails
received have a compliant opt-out option.
In particular, we may access or disclose
information about you, including the content of your communications, in order
to: (a) comply with the law or respond to lawful requests or legal process; (b)
protect the rights or property of Aisle 19 or our customers, including the
enforcement of our agreements or policies governing your use of the service; or
(c) act on a good faith belief that such access or disclosure is necessary to
protect the personal safety of Aisle 19 employees, customers or the public.
The service is a private
computer network that Aisle 19 operates for the benefit of itself and its
customers. Aisle 19 retains the right to block or otherwise prevent delivery of
any type of email or other communication to or from the service as part of our
efforts to protect the service, protect our customers or stop you from
breaching this contract. The technology or other means we use may hinder or
break your use of the service.
In order to provide you the
service, we may collect certain information about service performance, your
machine and your service use.
14. Termination and Modification
Aisle 19 reserves the right to terminate the Program at any
time with notice. Notification of
Program termination will be sent to the current email address stored and
presented to you in Aisle 19 system.
Aisle 19 will not be responsible for failing to notify you of Program
termination where such failure is caused by an inaccurate email address, your
failure to check email online, or your failure to inform Aisle 19 of a change
in your email address.
You may cancel your account at any time by using the
Customer Feedback link on the web site. Immediately upon cancellation, your
account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR
ACCOUNT, YOUR RIGHT TO PARTICIPATE WILL CEASE AND ALL CASH BACK REBATES IN YOUR
ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED.
Aisle19 reserves the right to terminate your user name,
password and registration, if your account is inactive for twelve(12)
consecutive months. An account shall be
deemed and considered to be inactive if no transactions have occurred.
Aisle 19 reserves the right to modify this Agreement from
time to time, with or without notice. If there is a modification to the
Program, we will endeavor to notify you; however, we will not be responsible if
you do not learn of the modification. Continued participation in the Program
after such modification shall be deemed to be your acceptance of any such
modification. It is your responsibility to check this page of the Aisle 19 web
site regularly to determine whether this Agreement has been modified. If you do
not agree to any modification of this Agreement, you must immediately cease
participation in the Program.
Membership in the Program is subject to this User Agreement.
Any failure to comply with this User Agreement, any fraud or abuse, or any
misrepresentation of any information furnished to Aisle 19 by you or anyone
acting on your behalf may result in the termination of your account and the
forfeiture of all Cash Back Rebates.
15. If We Cancel the Service.
We may change the
service or delete features at any time and for any reason. We may cancel or suspend your service
at any time. Our cancellation or suspension may be without cause and/or without
notice. Upon service cancellation, your right to use
the service stops right away. Once
the service is cancelled or suspended, any data you have stored on the service
may not be retrieved later. Our cancellation of the service
will not alter your obligation to pay all charges made to your billing account.
If we cancel the service in its entirety without cause, then we will refund to
you on a pro-rata basis the amount of payments that you have made corresponding
to the portion of your service remaining right before the cancellation.
16. WE MAKE NO WARRANTY.
We provide the
service "as-is," "with all faults" and "as
available." We do not guarantee the accuracy or timeliness of information
available from the service. We and our affiliates, resellers, distributors and
vendors (collectively, the "Aisle 19 parties") give no express
warranties, guarantees or conditions. You may have additional consumer rights
under your local laws that this contract cannot change. We exclude any implied
warranties including those of merchantability, fitness for a particular
purpose, workmanlike effort and non-infringement.
AISLE 19 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU AGREE THAT AISLE 19 WILL NOT BE LIABLE FOR ANY COSTS OR
DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT,
AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST AISLE 19 AND ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND
REPRESENTATIVES.
AISLE 19 DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR
SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. AISLE
19 DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND AISLE 19 ASSUMES NO RESPONSIBILITY FOR ANY
DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT
NOT LIMITED TO, YOUR INABILITY TO RECEIVE CASH BACK REBATES BY PURCHASING ITEMS
WITH AN AFFILIATE MERCHANT.
IN NO EVENT SHALL AISLE 19 BE LIABLE 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 THE PROGRAM; ANY ACT
OR OMISSION BY AISLE 19 IN ADMINISTERING THE PROGRAM; OR THE PURCHASE OR USE OF
ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF AISLE 19 HAS BEEN
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 LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD AISLE 19, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY
DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THESE TERMS
AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR
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.
17. LIABILITY LIMITATION.
You cannot recover
any damages, including consequential, lost profits, special, indirect,
incidental or punitive damages form Aisle 19.
This limitation applies to
anything related to:
- the service,
- content (including code) on third party Internet
sites, third party programs or third party conduct,
- viruses or other disabling features that affect your
access to or use of the service,
- incompatibility between the service and other
services, software and hardware,
- delays or failures you may have in initiating,
conducting or completing any transmissions or transactions in connection
with the service in an accurate or timely manner, and
- claims for breach of contract, breach
of warranty, guarantee or condition, strict liability, negligence, or
other tort.
It also applies even if:
- this remedy does not fully compensate you for any
losses, or fails of its essential purpose; or
- Aisle 19 knew or should have known about the
possibility of the damages.
Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you. They also
may not apply to you because your province or country may not allow the
exclusion or limitation of incidental, consequential or other damages.
18. Interpreting the User Agreement.
All parts of this
contract apply to the maximum extent permitted by law. A court may hold that we cannot
enforce a part of this contract as written. If this happens, then you and we
will replace that part with terms that most closely match the intent of the
part that we cannot enforce. The rest of this contract will not change.
This Agreement shall be
governed by and construed in accordance with the laws of the State of Nevada, without
reference to conflicts of law rules. If any provision of this Agreement is
found invalid or unenforceable, that provision shall be enforced to the maximum
extent possible, and the other provisions contained herein will remain in full
force and effect. Aisle 19's failure to insist upon or enforce strict
performance of any provision of the Agreement shall not be construed as a waiver
of any provision or right. Nothing in this Agreement shall be construed as
creating or constituting a partnership, joint venture or agency relationship
between Aisle 19 and the Affiliate Merchants or between you and Aisle 19. This
Agreement constitutes the entire agreement between the Member and Aisle 19 with
respect to the Program.
19.
Assignment.
We may assign this contract,
in whole or in part, at any time with or without notice to you. You may not
assign this contract, or any part of it, to any other person. Any attempt by
you to do so is void. You may not transfer to anyone else, either temporarily
or permanently, any rights to use the service or any part of the service.
20. Dispute Resolution
All questions or disputes regarding the Program, including
without limitation, questions or disputes regarding eligibility for the
Program, or the eligibility of rebates for accrual or redemption, must be
submitted in writing within 60 days of the qualifying transaction, to Aisle 19
by using our Customer Feedback. Any such disputes shall be resolved by Aisle
19 at its sole discretion. All interpretations of Program Terms and Conditions
shall be at the sole discretion of Aisle 19.
21. Your Notices to Us.
You may notify us with
questions and transaction information on Aisle 19 by using our Customer Feedback
system by clicking on contact us.
22. Notices We Send You; Consent
Regarding Electronic Information.
This contract is in
electronic form. We have promised to send you certain information in connection
with the service and have the right to send you certain additional information.
There may be other information regarding the service that the law requires us
to send you. We may send you this information in electronic form. You have the
right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to
you:
- by e-mail at the e-mail address
you specified when you signed up for your service;
- by access to a Aisle 19 web site
that will be designated in an e-mail notice sent to you at the time the
information is available; or
- by access to a Aisle 19 web site
that will be generally designated in advance for this purpose.
Notices
provided to you via e-mail will be deemed given and received on the
transmission date of the e-mail.
As long as you can access and use the service, you have the necessary software
and hardware to receive these notices. If you do not consent to receive any
notices electronically, you must stop using the service.
23. Miscellaneous
Respect
Copyright
Please respect the rights of
artists and creators. Content such as music, photos and video may be protected
by copyright. People appearing in content may have a right to control use of
their image. You may not share other people's content unless you own the rights
or have permission from the owner.