TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using www.incentrev.com, www.incentrevauctions.com or any of the sub-domains of either incentrev.com or incentrevauctions.com (collectively, the "Website"), you agree to be bound by these Terms and Conditions of Use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, you may not access or use the Website or Services, which are further described below, and should immediately cease use. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Any modifications shall be effective immediately upon notice, which may be accomplished by posting the modified Terms and Conditions on the Website or via e-mail. Your use of the Website and/or Services following notice shall be deemed your acceptance of modifications. Continued access and use of the Website and/or Services shall be deemed your conclusive acceptance of the modified agreement. You should check the Terms and Conditions periodically for changes, regardless of whether you have reviewed them. These Terms and Conditions shall apply to all future owners, successors and assigns of INCENTREV, Inc.
BY CLICKING ANY ACCEPTANCE OR SUBMIT BUTTON OR USING THE WEBSITE OR SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT WITH INCENTREV, INC. ("INCENTREV"), YOU AGREE TO THE Privacy Policy, YOU AGREE TO THE Cookie Policy AND YOU CONSENT TO JURISDICTION IN THE STATE OF OHIO FOR ANY DISPUTE. IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK THE "DECLINE" OR "CANCEL" BUTTON AND DO NOT USE THE WEBSITE OR SERVICES.
As a user of the Website, such as a buyer of a gift certificate or auction participant, you agree to the following Terms and Conditions:
Introduction
Welcome to INCENTREV, Inc. The Terms and Conditions set forth the agreement (“Agreement”) between INCENTREV, Inc., together with any and all affiliates and subsidiaries, and any person or entity that directly or indirectly controls, is controlled by, or is under common control of INCENTREV, Inc., whether by ownership means or otherwise, such as the owner of a sub-domain (collectively, "INCENTREV") and each user or buyer (collectively, "you" or "user"). The Terms and Conditions govern the use by you of this Website. INCENTREV and this Website are designed to provide users with information related to goods, services and gift certificates, the ability to bid and/or purchase a good, services or gift certificate, and other related information.
Scope and General Information
By using this Website, you acknowledge and agree to be legally bound and to abide by the Terms and Conditions. If you do not comply with the Terms and Conditions, INCENTREV reserves the right, if applicable, to terminate your related user account and/or access to this Website or any part thereof. By not complying with the Terms and Conditions, you acknowledge and agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar further access to the Website, user account, and related information and files. Further, you agree that INCENTREV shall not be liable to you or any third-party for any termination, cancellation, or denial of your access to or use of our Website or user account.
When you receive a user account for our Website, subscribe and/or utilize one of our services, or perform similar activities, you must provide us with the requested information, which must be current, complete, and accurate information, as prompted by the applicable inquiry form. You acknowledge that by providing any information to INCENTREV that is untrue, inaccurate, not current, or incomplete, INCENTREV reserves the right to terminate your continued access, use of the Website, Services, and user account.
You agree to: maintain all equipment required for your access and use of the Website; maintain the security and confidentiality and other confidential information relating to your user account; and to be accountable for all charges and/or activities resulting from access and use of the Website and/or your user account, including unauthorized use prior to your notification of unauthorized use to INCENTREV as well as prevention of further occurrences of unauthorized use by changing your access information. You are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your user account. You agree to notify INCENTREV immediately of any unauthorized use of your account or any other breach of security. INCENTREV will not be responsible for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You may be held liable for any losses incurred by INCENTREV or another party due to someone else using your account.
Limited License; Use of Website and Services
INCENTREV grants to you a limited, non-exclusive, non-transferable right and license to access the Website and to use the Services provided thereon. INCENTREV services ("Services") shall include, without limitation, providing users with information related to goods, services and gift certificates, the ability to bid and/or purchase a good, service or gift certificate, and other related information.
Eligibility Requirements
The use of this Website is available only to individuals located in the United States who can form legally binding contracts under the applicable law. Without limiting the foregoing, the Services are not available to minors or to temporarily or indefinitely suspended users of the Website. You must be 18 years of age to use this Website. If you do not qualify, please do not use the Services. In addition, your INCENTREV account and user ID may not transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
INCENTREV does not sell goods, services or gift certificates for purchase by children. By using this Website (providing information, purchases), you represent to INCENTREV that you are 18 years of age or older. If you are under 18, you may use an INCENTREV Website only with the involvement of a parent or guardian. INCENTREV reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for any reason.
Some Services may require consultation and qualification, including any procedures involving medical or health-related services. By using these services, any users attest that they have had the opportunity to seek medical advice and have been medically cleared to use the applicable Service. Appointments may be required for Services; neither INCENTREV nor the sponsoring media partner guarantee any particular availability.
User Regulations
You agree to use this Website only for lawful purposes and that you are responsible for your use and communication on the Website. You are prohibited from posting or transmitting on or through this Website, including, but not limited to, any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, indecent, offensive, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, infringes another’s intellectual property rights, or violates any local, state, national, or international law.
Further, in connection with your use of the Website, you acknowledge and agree that you will not access the Website by any means other than through the standard, industry-accepted or INCENTREV-provided interfaces. You acknowledge and agree that you will not impersonate any person or entity, including without limitation, an INCENTREV official or someone of similar position or falsely state or otherwise misrepresent your affiliation with a person or entity. You acknowledge and agree that you will not use the Website or the Services in a manner that adversely affects the normal operation or the availability of its resources to other users or any other user’s use and enjoyment of the Website or use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website or the Services in any manner that could damage, disable, overburden, or impair INCENTREV servers or networks or interfere with any other user's use and enjoyment of the Website and/or Services. You acknowledge and agree that you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services. You acknowledge that you will not inquire or attempt to inquire, provide or attempt to provide, register or attempt to register, subscribe or attempt to subscribe any party to the Website or for any INCENTREV product or Service if you are not expressly authorized by the party to do so.
You acknowledge and agree that you will not copy, reverse engineer, reverse assemble, otherwise attempt to discover source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, commercially exploit, or transfer or sell any information, software, products, or Services obtained through the Website. You acknowledge that you will not infringe, upload, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You acknowledge and agree that you will not manipulate or otherwise display the Website and/or Services by using framing or similar navigational technology.
If INCENTREV is notified of allegedly infringing, defamatory, damaging, illegal, or offensive conduct by you, INCENTREV may temporarily deactivate the user's account, investigate the allegation, if applicable, remove any allegedly infringing, defamatory, damaging, illegal, or offensive language or image, and determine in its sole discretion whether to permanently remove the user from access to the Website and to deactivate the user's account. Further, INCENTREV may disclose any content or communication of any kind: (1) to satisfy any law, regulation, or administrative or governmental request; (2) if the disclosure is necessary or appropriate, to operate the Website; or (3) to protect the rights or property of INCENTREV, its users, or providers.
INCENTREV reserves the right to prohibit conduct, communication, or content that it deems in its sound discretion to be harmful to its users, the Website, or any rights of INCENTREV or any third party, or that may violate any applicable law. Notwithstanding the foregoing, neither INCENTREV nor its providers can prompt removal of questionable content after online posting. Accordingly, neither INCENTREV nor its providers shall assume liability for any action or inaction with respect to its users and/or conduct, communication, or content posted by its users or any third party.
User Verification
INCENTREV utilizes many techniques to identify our users when they register on the Website. However, because user verification on the Internet is difficult, INCENTREV cannot and does not confirm each user's purported identity. INCENTREV reserves the right to contact you directly by any and all means of communication that you leave to us at the time of registration.
Online Venue
INCENTREV provides an online Venue. INCENTREV is not an Auctioneer. Although INCENTREV may be commonly referred to as an online auction website, it is important to realize that INCENTREV is not a traditional "auctioneer." Instead, the Website acts as a venue to allow anyone to purchase or bid on a good, service or gift certificate, at any time, from anywhere in the United States, in a variety of pricing formats, including a fixed price format and an auction-style bidding format. INCENTREV is not involved in the actual transaction between buyers and sellers. As a result, INCENTREV has no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. INCENTREV cannot and does not ensure that a buyer or seller will actually honor a transaction partially or completely.
Methods of Payment
Acceptable methods of payment are as follows:
- Visa
- MasterCard
Product Orders/Purchase Information/Shipping Information
Prices and availability of the gift certificates, products and services listed on this Website are subject to change without notice. The listing, description of, or reference to, a product or service on this Website does not imply that the product or service is presently available or that INCENTREV endorses that product or service. In the event that a gift certificate, product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, INCENTREV shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, INCENTREV shall promptly issue a credit to your credit card account in the amount of the incorrect price, and notify you of this occurrence.
Auction Regulations and Usage Requirements
Your registration as an Auction user and your “bid” indicate an agreement to certain usage requirements. If you wish to participate, the following regulations/usage requirements apply:
All notification about your bidding/payment/item claim is done via email. Please approve noreply@incentrevauctions.com in your spam filter to receive emails from us.
Once the auction has ended, you will be sent an email with a payment link. You may also pay by logging in to the site itself.
You will have 72 hours to pay for any items you have won. If you fail to pay within 72 hours, the item may be passed along to the next highest bidder.
All items are picked up at the station or retailer unless otherwise noted. We do not make arrangements for shipping and/or mailing of the items.
Product Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell. INCENTREV reserves the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. INCENTREV reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service, with notice to you if this should occur, and a credit to your credit card if applicable.
Lost or Stolen
INCENTREV is not responsible for lost or stolen gift certificates. Gift certificates will not be replaced if stolen or redeemed by an unauthorized user, including use as a result of inaccurate or incomplete delivery information provided by the buyer.
Credit Card Use / Billing Statement
If you wish to purchase gift certificates, goods, services or auction items featured on this Website, you will be asked to supply certain information including credit card information. By making such a purchase, you agree to pay all charges (including any applicable shipping, handling and/or sales tax) incurred by users of your credit card.
Sales Tax
Where applicable, you will be charged sales tax on your purchase. This will be calculated at check out and is added to your total purchase price or bid. Even if you are not charged a tax, you may be responsible to pay a sales (or use) tax to your state of residence. This will be noted to you at the time of purchase. If it is, you as the purchaser are responsible for reporting and paying any and all applicable sales tax or use tax to your state of residence.
Shipping and Handling
Any and all shipping and handling charges are the sole responsibility of the user, bidder, or buyer of the gift certificates, goods, services or auction items featured on this Website. Any and all charges will be disclosed to you prior to your purchase.
Third Party Links
This Website may contain links to third party websites (each a "Linked Site"). Linked Sites are offered and provided to you for your convenience. If you use any of the Linked Sites, you leave this Website; INCENTREV is not responsible for any content, material, or information located on or accessible from any other website. INCENTREV does not endorse, guarantee, or make any representations, or warranties regarding the Linked Sites or the content, materials, or information located on or accessible from any other Linked Site or third party website. If you decide to access a Linked Site or a third party website, you do so entirely at your own risk, and INCENTREV encourages you to read the terms and conditions and Privacy Policy applicable to the websites.
Privacy
In the course of your use of the Website, you may be asked to provide certain information to INCENTREV and the sponsoring media partner. We may use the information you provide about yourself to fulfill your requests for our Services, assist in transactions, to respond to your inquiries, and to offer you other products or programs that we believe may be of interest to you.
INCENTREV’s use of any information that you provide via the Website shall be governed by our Privacy Policy available at Privacy Policy. Please review our Privacy Policy so that you may better understand our information practices and the choices you can make about the way your information is collected and used by INCENTREV.
Use of Cookies
INCENTREV uses cookies to personalize user experience on the Website (e.g. to recognize you by name when you return to the Website or save your password in password-protected areas), to understand internet usage and to improve our content, offerings, and advertisements.
You do not have to accept INCENTREV’s use of cookies and consent can be withdrawn at any time. INCENTREV’s use of cookies is governed by our Cookie Policy available at Cookie Policy.
Accuracy of Information
INCENTREV and the sponsoring media partner attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. INCENTREV and the sponsoring media partner make no warranty as to the completeness, accuracy, or timeliness of any information on the Website.
Some content contained on or provided on or through the Website or Services is supplied by third parties. INCENTREV and the sponsoring media partner neither endorse nor are responsible for the accuracy, completeness, or usefulness of the content. INCENTREV and the sponsoring media partner neither endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on or through the Website or Services by anyone other than any authorized INCENTREV or the sponsoring media partner representative.
Representation of Gift Certificates/Goods/Services for Sale
INCENTREV and the sponsoring media partner has not verified and make no representation or guarantees as to the description of any goods, services, or gift certificate sold or offered for sale on the Website. The buyer assumes all of the responsibility to verify all of the provider’s representations, warranties and descriptions.
Buyer agrees that all representations concerning the goods, services, or gift certificates are solely the responsibility of the seller, whether made on the auction, after the sale, on this Agreement, or otherwise, and acknowledge and agree that INCENTREV and sponsoring media partner have made no binding representations whatsoever about the gift certificates, goods or services on the Website.
INCENTREV offers third party gift certificates for sale. The certificates are sold at prices less than the face value of the gift certificate and cannot be redeemed for cash. These certificates will expire and that expiration date is clearly noted on the certificate. INCENTREV and sponsoring media partner are not responsible for the actual available usage or duration of any certificate, or the policies of the various businesses providing the gift certificates. Please contact the retailer or service provider directly to confirm restrictions, if any. INCENTREV and sponsoring media partner are not responsible for any goods or services purchased with gift certificates. Please contact the retailer or service provider directly. There are no refunds or returns.
INCENTREV and sponsoring media partner are not responsible for any business or restaurant that may close. If you purchased a product, service or gift certificate for a business or restaurant that closes, INCENTREV and sponsoring media partner are not obligated in any way to refund your money. However, INCENTREV may, at INCENTREV’s sole discretion, decide to work with you to provide an even exchange with another operating business or restaurant that has open and available inventory on our Website.
Buyer and recipient/user (if different from Buyer) agree to indemnify and hold INCENTREV and the sponsoring media partner harmless from any liability, loss, costs, damage or expense, including attorney’s fees that may arise either directly or indirectly from the sale and purchase of the goods, services, or gift certificates. Please see the Section on INDEMNIFICATION.
Additional Terms and Conditions for Users/Buyers
User/Buyer understands and agrees that it may not retract any bids to purchase a good, service or gift certificate via the Website without INCENTREV's express written permission.
By clicking the "Submit" button and/or any "Make a Bid" button, you, or someone on behalf of you, are agreeing to all the applicable policies, these Terms and Conditions, the terms and conditions of any applicable Purchase Terms and agree that each INCENTREV sale transaction you engage in will be governed by such terms and conditions. The Terms and Conditions, policies and any Purchase Terms will be enforceable against you like any written negotiated agreement signed by you. If you do not agree to these Terms and Conditions, policies and/or any Purchase Terms, do not click the "I Agree" checkbox or any “Submit” button.
Buyer further agrees not to participate in or encourage separate or side deals with sellers. By agreeing to these Terms and Conditions and utilizing the Website and Services, buyer agrees not to encourage or participate in any deals pertaining to the goods, services, or gift certificates listed on the Website outside of those regulated by INCENTREV.
You represent and warrant that you have all rights necessary to purchase the goods, services, or gift certificates for which you submit bids within the Website marketplace, and that these purchases, as contemplated by this Agreement will not violate any applicable law, rule or regulation. You will indemnify and hold INCENTREV harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties.
BUYER AND/OR SELLER ASSUME ALL LIABILITY FOR THE GOOD, SERVICE, OR GIFT CERTIFICATE DURING THE TRANSFER OF POSSESSION OF THE GOOD, SERVICE, OR GIFT CERTIFICATE, INCLUDING, BUT NOT LIMITED TO, THE TRANSFER OF THE GOOD, SERVICE, OR GIFT CERTIFICATE FROM THE SELLER TO THE BUYER. ONCE THE ITEM HAS BEEN PICKED UP BY THE BUYER AND IS IN THE POSSESSION OF THE BUYER, LIABILTY WILL THEN TRANSFER TO THE BUYER FROM THE SELLER AND THE BUYER WILL BE RESPONSBILE FOR THE GOOD, SERVICE, OR GIFT CERTIFICATE. AT NO TIME DURING THE TRANSFER OF OWNERSHIP AND POSSESSION OF THE GOOD, SERVICE, OR GIFT CERTIFICATE, SHALL INCENTREV BE HELD LIABLE.
Intellectual Property Rights
This Website contains material that is protected by United States copyright, trademark, trade secret, and other intellectual property laws, and by international treaty provisions. All rights not specifically granted to you herein are reserved to INCENTREV and to any third party with ownership rights in this Website.
You acknowledge and agree that the Website and Services contain proprietary and confidential information, including without limitation, all website design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, sound, software, and other related content. INCENTREV and the sponsoring media partner (as applicable) own all trademarks used in connection with the Website, and no license to use any such trademarks is provided hereunder. The look and feel of the Website, including without limitation its color combinations, logos, button shapes, and other graphical elements, also are INCENTREV or sponsoring media partner trademarks. You further acknowledge and agree that the selection, arrangement, and use are the exclusive property of INCENTREV, its licensors, or third party owners and may be protected by state, national, and international intellectual property and other laws. All rights are reserved to their respective intellectual property owners. INCENTREV and the sponsoring media partner (as applicable), and their licensors, enforce proprietary interests to the fullest extent permitted under the law and shall seek civil and criminal remedies where appropriate.
The materials found on the Website are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © November 01, 2006, incentRev, Inc. Permission is granted to view and print materials from this Website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this Website, whether in electronic or hard copy form, without the express prior written permission of IS Consulting, Inc., is strictly prohibited.
Any other use of materials on this Website, including without limitation, reproduction, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of INCENTREV and the sponsoring media partner (as applicable) is unauthorized.
You may not remove any proprietary notice of INCENTREV or any other party from the Website. All logos, page headers, custom graphics, and icons are service marks, trademarks, and/or copyrighted works of INCENTREV and the sponsoring media partner (as applicable) and their licensors. All other trademarks, service marks, product names, and company names or logos that appear on the Website are the property of their respective owners.
Monitoring
INCENTREV has no obligation whatsoever to monitor any of the content on the Website. However, you acknowledge and agree that INCENTREV has the absolute right to monitor at our sole discretion. In addition, INCENTREV reserves the right to alter, edit, refuse to post, or remove any content, in whole or in part, for any reason and to disclose materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental or administrative request and to protect ourselves and our clients, sponsors, users, and visitors.
Disclaimers
INCENTREV is providing this Website and its contents and the Services, information, and products provided on or through this Website or any Linked Site on an "as is" and "as available" basis, without any warranties of any kind, either express, implied, or statutory, including without limitation, warranties of title, infringement, merchantability, or fitness for a particular purpose, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Further, INCENTREV makes no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of this Website, including without limitation, that the Website will operate; that defects on this Website will be corrected; that any of the information, content, materials, or products included or listed on this Website are accurate, reliable, or complete; or that any software, services, sites, or servers on which the services and sites are hosted are free of viruses or other harmful components. INCENTREV expressly disclaims ALL REPRESENTATIONS and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement. INCENTREV does not warrant that the Website, files, information, or products available on the Website will be free from corrupted data, computer viruses, or similar destructive or contaminating code. No oral or written statements by INCENTREV will create any warranty not expressly set forth herein. Use of this Website and any Linked Site is at your sole risk.
INCENTREV and the sponsoring media partner are not responsible for any product or service sold on or through this Website or any claims of quality or performance made on or through this Website or any Linked Site. You are advised that other websites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights, or otherwise unlawful. INCENTREV and the sponsoring media partner expressly disclaim any responsibility for the content, legality, decency, or accuracy of any information, products, or services that appear on this Website, any Linked Site, or any other website.
INCENTREV and the sponsoring media partner do not endorse, recommend, or sponsor and is not affiliated with any individuals or entities that appear or are linked to this Website, unless that fact is expressly stated.
Limitation of Liability
INCENTREV, INC. AND THE SPONSORING MEDIA PARTNER AND ANY AND ALL OF THEIR AFFILIATES, SUBSIDIARIES, SUB-DOMAINS AND ANY PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF INCENTREV, INC., OR THE SPONSORING MEDIA PARTNER, WHETHER BY OWNERSHIP MEANS OR OTHERWISE, (COLLECTIVELY, “INCENTREV” IN THIS SECTION) SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, WITHOUT LIMITATION: (i) THE USE OF OR INABILITY TO USE THIS WEBSITE; (ii) ANY CONTENT CONTAINED ON THE WEBSITE, LINKED SITES, SERVICES, AND/OR INFORMATION CONTAINED THEREIN; (iii) INFORMATION, STATEMENTS, OR CONDUCT POSTED OR OTHERWISE CONTAINED ON THE WEBSITE THAT IS INCORRECT OR INACCURATE; (iv) INFORMATION, STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA, NETWORK ID, OR USER ACCOUNT INFORMATION; (vi) ITS POSITION AS THE PROVIDER OF THE WEBSITE, WHICH IS NOT AS A PUBLISHER OF INFORMATION; (vii) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE; (viii) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (ix) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (x) ANY OTHER MATTER RELATING TO THIS WEBSITE, ANY LINKED SITE, OR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INCENTREV AND THE USER. PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. AS LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES.
Notwithstanding the foregoing, in no event shall INCENTREV's or the sponsoring media partner’s total liability to you for any reason, damages, losses, or causes of action exceed the amount paid by you, if any, for using the Website and any of its information, products, or services.
Indemnification
Upon request by INCENTREV and/or the sponsoring media partner, you agree to indemnify, defend, and hold harmless INCENTREV and the sponsoring media partner from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys' fees, resulting from, arising out of, or relating to your use of or conduct on the Website, any activity, information, or material that you submit to, post on, or transmit on or through the Website; any activity, information, or material related to your user account; your violation or breach of these Terms and Conditions; your infringement or breach of these Terms and Conditions; your infringement or violation of any rights of another; or termination of your access to this Website, and/or user account.
Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with INCENTREV and the sponsoring media partner in connection with our defense.
No Agency
You and INCENTREV are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Access from Outside North America
INCENTREV controls and operates the Website from its office in the United States. We make no representations that the Website, including without limitation, any materials, products or services available on, from, or through the Website, are appropriate or available for use in other locations outside of the United States. In any event, the Website and the Services are intended for users based in the United States only. You acknowledge and agree that you will not access the Website from any territory in which its contents are illegal. Users of the Website outside of the United States do so at their own risk and individually and entirely bear the responsibility for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website and acknowledge that if you access the Website from outside of the United States, information that you provide to us will be transferred to servers in the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area. By allowing INCENTREV to collect information about you, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection, such transfer and processing of your data as described in the Privacy Policy.
Applicable Law; Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Ohio and further agrees that any cause of action arising from or relating to the use of this Website or the Terms and Conditions shall be brought exclusively in federal or state courts in Ohio.
General Arbitration Policy
Pursuant to this Agreement, and with the prior agreement of INCENTREV and/or the sponsoring media partner, any claim, dispute, or controversy arising or concerning this Website and/or the performance or interpretation of this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted in the United States in such forum and pursuant to such rules as the parties agree upon, and failing agreement shall be conducted by one arbitrator in the state and county in which INCENTREV and/or the sponsoring media partner is located who is knowledgeable about wholesaling, retailing and purchasing and sale of consumer note and installment note contacts, pursuant to the commercial arbitration rules of the American Arbitration Association that are in effect on the date of the notice to arbitrate. Discovery shall be allowed in such proceeding according to the federal rules of civil procedure and the decision of the arbitrator shall contain findings of fact and conclusions of law. Any decision rendered in such an arbitration proceeding shall be final, binding and conclusive upon all parties involved as well as any award of the arbitrator. This provision shall be specifically enforced by a court of competent jurisdiction.
Waiver
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Severability
If any term or provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason, unenforceable by a court of competent jurisdiction, that term or provision shall be construed to reflect the parties' original intent, and the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement
The Terms and Conditions constitute the entire and only agreement between INCENTREV and each user of this Website and supercedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Website.
Changes to Terms of Use Agreement and Other Policies
This information was last updated on October 25th, 2019. INCENTREV may, in its sole discretion, amend the Terms and Conditions from time to time. Please check the Terms and Conditions periodically for changes.
INCENTREV may also make changes to our Privacy Policy and Cookie Policy from time to time, so please also check these regularly to see whether any changes have been made.
Termination
This Agreement and the applicability of the Terms and Conditions shall remain effective, unless and until terminated by either you or INCENTREV in accordance with the Terms and Conditions. You acknowledge and agree that INCENTREV, in its sole discretion, may terminate or suspend your user account (in whole or in part), or use of the Website and/or Services and remove and discard any content within the Website, at any time and for any reason, with or without notice. INCENTREV also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Website, if, in INCENTREV's sole discretion, you fail to comply with any of the identified Terms and Conditions or any applicable law or are harmful to the interests of another user or INCENTREV. Upon any termination of the Agreement by either you or us, you agree to promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise. You acknowledge and agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, Sections of this Agreement that provide for continuing obligations on your part, shall survive indefinitely.
Miscellaneous
The failure of INCENTREV to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of any term and shall not be considered a waiver or limit INCENTREV's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. The "Disclaimers," "Limitation of Liability," and "Indemnification" provisions of this Agreement are for the benefit of INCENTREV, and INCENTREV shall have the right to assert and enforce these provisions directly against you on its own behalf.
Additional Assistance
If you have any questions or concerns about the INCENTREV, Inc. Terms and Conditions or its implementation please contact us via email at info@incentrev.com or at the following address:
incentRev, Inc.
3280 Peachtree Rd, Ste. 2200
Atlanta, GA 30305
www.incentrev.com
UTILIZATION OF THE WEBSITE SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE OUR WEBSITE.
