Terms of Service
Access to the Site
Transmission of Information
Your Conduct on our Site
Creating an Account on our site
Terms of Sale
Community Marketplace Reserve
Community Marketplace Points
PAPP – Patrons as Promotional Partners
Modification of this Agreement
Ownership of the Site
Copyright and Trademarks
End User Communications
Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Disclaimer of Warranty
Limitation of Liability
Websites of Others
Choice of Law
License to Sell Travel Services
1. Permitted Uses
The Site provides an interactive online service operated by Community Marketplace, consisting primarily of: (i) promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users; and (ii) direct sales of products to End Users. Vouchers may be purchased by Community Marketplace account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
You are an individual person at least 18 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under law;
Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
You may create only one account for your personal use;
You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
You must safeguard your password and supervise the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it; and
You are responsible for updating and correcting information you have submitted to the Site.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
2. Access to the Site
Community Marketplace retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
3. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Community Marketplace and the Site while it is being transmitted. In addition, Community Marketplace is not responsible for any data lost during transmission.
4. Your Conduct on our Site
Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Community Marketplace account or in order to create multiple Community Marketplace accounts;
Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Community Marketplace;
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Community Marketplace;
Reselling or repurposing your access to the Site or any purchases made through the Site;
Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Community Marketplace to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Community Marketplace, including without limitation, aggregating current or previously offered deals;
Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
Collecting the Personal Information, Statements, data or content of any Site End Users or Merchants;
Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
Exceeding or attempting to exceed quantity limits when purchasing vouchers or products, or otherwise using any Community Marketplace account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
Acting illegally or maliciously against the business interests or reputation of Community Marketplace, our Merchants or our services; or
Hyperlinking to the Site from any other website without our initial and ongoing consent.
5. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Community Marketplace account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
6. Terms of Sale
Vouchers that you purchase through our Site as a Community Marketplace account holder are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Community Marketplace and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the goods or services it provides in connection with the voucher.
Descriptions of the products or services advertised on the Site are provided by the Merchant or other referenced third-parties. Community Marketplace is not responsible for any performance or quality claims associated with product or service descriptions.
Merchants may advertise services on the Site that may require an up-to-date regulatory authorization, license, or certification. Community Marketplace does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation or other resources that you deem necessary or appropriate before purchasing any Merchant’s promotional offers to determine if a Merchant is qualified to perform the advertised service. Merchant is solely responsible for the care and quality of goods and services being provided.
Community Marketplace is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products, or procedures to You that are advertised on the Site. The Site is not intended to be a substitute for professional advice, including medical and health advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a health condition. Never neglect to seek out, delay or disregard professional advice relating to your health because of something You have read on the Site.
Products that you purchase through our Site are subject to the special terms below.
If an offer becomes unavailable between ordering and processing, Community Marketplace will either cancel or not process the order and will notify you by email.
Community Marketplace does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Community Marketplace reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Community Marketplace will notify you by email. In addition, Community Marketplace reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Community Marketplace is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. For example, if you pay $20 for a voucher that entitles you to $50 of goods or services from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the voucher for at least the amount paid, even after the promotional value has expired.
If a Merchant or venue refuses to honor any voucher, Community Marketplace will refund the amount paid upon request in the original form of payment, or will credit the Community Marketplace account of the purchaser with an equivalent number of Community Marketplace “Bucks” for future purchases on the Site. Need a refund or have a question? Contact us here or call 1 (289) 222-6788 (Monday through Friday, 9-5 central time). Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited. All descriptions, content, Products, and prices of Products and services on the Site may change at any time in Community Marketplace discretion, without notice.
Additional terms applicable to traditional Community Marketplace vouchers. A “traditional Community Marketplace voucher” is any promotional voucher other than a ticket or a voucher redeemable for ticketed events (e.g., Community Marketplace Live and other ticketed event vouchers). The promotional value of a traditional Community Marketplace voucher will EXPIRE on the date specified on the face of the voucher, unless prohibited by law. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Community Marketplace voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Community Marketplace vouchers are not reloadable, meaning that the amount paid of the voucher cannot be increased, and are fully transferrable.
Certain Community Marketplace offers, designated with a clock icon Community Marketplace Now! on the Site can only be redeemed for the full value between the hours specified on the Site. The promotional value of these vouchers will EXPIRE on the date and time specified on the voucher. The voucher may still be redeemed for the amount paid outside the specified dates and times. The promotional value of this type of voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. These types of vouchers are not reloadable and are fully transferrable.
Special terms for tickets or vouchers redeemable for tickets to live events.
Tickets and Vouchers. Some vouchers are Community Marketplace-brand tickets or Community Marketplace vouchers redeemable for a ticket for admission to a specific ticketed event at a named venue, sometimes branded. Tickets and vouchers have no value once the event date and time has passed. Tickets and vouchers are refundable to the purchaser in the original form of payment ONLY: (i) upon request until midnight on the day of purchase, (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if the event is rescheduled. Tickets and vouchers are sold inclusive of all taxes and additional fees unless otherwise noted and may not be combined with other offers. Tickets and vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickets and vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. A Ticket or voucher obtained from unauthorized sources may be lost, stolen or counterfeit, and if so is void.
Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission, ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to the event for which the Ticket or voucher is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Community Marketplace, the venue, the issuer of the tickets and all of their respective affiliates, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of any event for which you purchase a Ticket or voucher. You agree that the event for which you purchase an Ticket or voucher is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
Additional terms for Community Marketplace Local Products ("Local Pick-up" and "Local Shipping"). For some deals, Community Marketplace will provide you with two options for receipt of your goods: Local Pick-up and Local Shipping. Options may vary based on a specific deal. The local merchant selling these goods retains all legal title for the goods sold. All deals are subject to the local merchant’s related terms and conditions, including the applicable return policy. Taxes and fees are included in the purchase price.
Local Pick-up. When you opt to purchase a voucher with Local Pick-up you agree to pick-up the good at the local store listed on the voucher and deal page. Information about store hours, locations, and contact information is available on the voucher. A voucher for Local Pick-up is different than a traditional Community Marketplace voucher, a ticket, or a voucher redeemable for a ticketed event, in each case, a voucher that is redeemable for a specific Good or Service. Local Pick-up vouchers are redeemable at the physical store location for in store pick-up as identified on the Local Pick-up voucher and expire on a date certain when the goods are no longer available for pick-up. Community Marketplace will automatically refund you if you are unable to redeem your voucher before the expiration date.
Local Shipping. When you purchase a deal with Local Shipping you agree to receive goods by shipment to the address you provide. Following your purchase, no further action is required. The local merchant selling the goods will ship the goods directly to you.
Special terms for Getaway Deals. A Community Marketplace “Wifi Gateway Deals” is a Community Marketplace-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time. Gateway Deals are non-transferrable, and may not be sold, auctioned, or bartered. Cancellations to Getaways Deals may only be made through Community Marketplace through the deadline specified in the Fine Print and Details of the Getaways Deal. Cancellations to any Gateway Deal after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not Community Marketplace. Community Marketplace does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Community Marketplace strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Gateway Deal. There are two types of Deals:
A “voucher” is a voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property. The promotional value of a voucher will EXPIRE on the book by date specified on the face value of the voucher, unless prohibited by law. The promotional value can’t be combined with other offers. Travel must be booked by the book by date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the voucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the voucher for at least the amount paid towards the advertised experience of the Flash Deal. If the Merchant refuses to honor the voucher, Community Marketplace will refund the amount paid upon request in the original form of payment, or will credit the Community Marketplace account of the purchaser with an equivalent number of Community Marketplace points for future purchases on the Site. Vouchers are not valid for existing reservations or for group bookings. Vouchers are not reloadable. Vouchers are fully transferable. Unless otherwise specified, vouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
A “Marketplace Bookings” is a travel reservation for a specific check-in date, length of stay, and room type at a named Merchant property. Bookings have no value once the check-in date has passed. Unless otherwise specified, Bookings include all taxes and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
Special terms for Market Place hotels. A “Marketplace hotel” is a reservation for a specific check-in date, length of stay, and room type at a named Merchant property. Marketplace hotels are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Unless otherwise specified, Marketplace hotels include tax recovery charges and service fees and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons. The tax recovery charge is assessed to recover the amount we pay to the merchant in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a service fee we charge in connection with handling your reservation. Community Marketplace does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Cancellations to Getaways Market Pick hotels may only be made through Community Marketplace through the deadline specified in the Fine Print and details of the Marketplace hotel. Cancellations to any Marketplace hotel after the cancellation deadline are at the discretion of the Merchant and not Community Marketplace. Community Marketplace strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Marketplace hotel.
Special terms for Community Marketplace Goods products.
When you purchase an item sold by Community Marketplace Goods, Inc. (“Community Marketplace Goods”), clicking the “Buy” button constitutes an offer to buy the products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
If you wish to cancel your order before delivery or change the quantity of items purchased or the delivery address, please contact us within 2 hours of your purchase. Once that window closes, we cannot make changes to your order, although you are still eligible to make returns as outlined in these Terms of Sale, the Community Marketplace Goods Return Policy.
Shipping and Delivery.
Shipment and tracking options and applicable charges will be stated in the fine print and will vary by offer. Shipment may be limited to specific geographic locations.
Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
We may have to cancel an order before your products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.
When products are delivered to the delivery address provided at checkout, legal title to those products will transfer to the recipient (i.e. the products will become the recipient's personal property).
Most items sold by Community Marketplace Goods may be returned to us, subject to the Community Marketplace Goods Return Policy, but certain items are final sale and may not be returned unless defective, as set forth in the Return Policy and the offer’s fine print.
Community Marketplace Goods takes legal title to returned items only after the items arrive at the designated returns destination. Community Marketplace Goods reserves the right, but has no obligation, to issue a refund without requiring a return. In this situation, Community Marketplace Goods does not take title to the returned Goods.
For purchases that qualify for a refund, Community Marketplace Goods will issue a refund within 14 days after processing of a properly returned shipment. If stated, applicable shipping charges and restocking fees may be deducted from your refund.
We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any items you return: (i) are not eligible for return, in accordance with the Community Marketplace Goods Return Policy or the offer’s fine print, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the product directions or instructions.
Items sold by Community Marketplace Goods and shipped are subject to applicable sales and boarder taxes, which will be added at checkout.
Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be disclosed in the fine print and added at checkout.
Advertised “list prices” may be based on a survey of other online merchants, tied to a particular merchant’s current or former price or suggested by either the manufacturer or our supplier; they are not necessarily representative of current prices of other online merchants or the prevailing retail price in every area.
Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
Warranties and Other Information.
All products are sold AS IS. See the Disclaimer of Warranty section below.
We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.
While we work to ensure that the product information on the Site is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the items before use.
We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items.
For healthcare products, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Please contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
7. Community Marketplace Reserve
Community Marketplace Reserve is a feature within the Site that makes available reservations with Merchants, which may include a discount, and voucher deals for certain Merchant goods and services. Community Marketplace, through Community Marketplace Reserve, provides the reservation program but does not guarantee the reservations or discounts provided by the Merchant. Community Marketplace is not responsible for the service, eligibility, or termination of the Merchant or the Merchant’s reservation. Community Marketplace may terminate your use of Community Marketplace Reserve and prohibit you from making further reservations for any reason and at sole discretion of Community Marketplace. Such actions include but are not limited to: changing the time or date of a reservation more than five times; contacting Merchants directly to attempt to modify the time, date or other parameters of a reservation; arriving at a Merchant’s business at a time or with a party size other than that specified in your reservation confirmation and requesting a discount; failing to cancel a reservation which you do not plan to attend; committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
8. Community Marketplace Points
”Community Marketplace Points” are a form of Site credit redeemable only toward future Community Marketplace purchases. Community Marketplace reserves the right to discontinue Community Marketplace Points and may modify these terms at any time. To accumulate and redeem Community Marketplace Bucks, you must create and maintain in good standing a Community Marketplace customer account registered with a valid credit card. Unless required by law, Community Marketplace Points are non-transferrable and are not redeemable for cash.
You can earn Community Marketplace Points by participating in various promotional activities and responding to certain offers (“Promotional Activity”). In order to earn Community Marketplace Points indicated in the Promotional Activity materials, you must comply with the terms of the applicable Promotional Activity. Community Marketplace may also credit Community Marketplace Bucks to your account for returns or refunded purchases, or for other reasons within our discretion. Community Marketplace Points may also be purchased in various increments on Community Marketplace gift cards or promotional codes. Community Marketplace gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code. Community Marketplace Points, including those issued as part of a Promotional Activity, will expire one-year after the issue date, unless otherwise noted at time of issuance. Notwithstanding the foregoing, Community Marketplace Points received as a refund of the original purchase amount do not expire.
You are responsible for ensuring that Community Marketplace Points you earn or are awarded as credits are added to your Community Marketplace account. Community Marketplace Points Bucks may not appear in your account for up to ten business days if a Promotional Activity must be validated. Community Marketplace Points in your account will automatically be the first form of credit to be applied toward future Community Marketplace purchases.
Your Community Marketplace Points cannot be resold. Your Community Marketplace Points cannot be combined or merged with Community Marketplace Points in any other account registered to you or another End User. Access to Community Marketplace Points or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue Community Marketplace Points for that account. Unauthorized or fraudulent use, resale, or distribution of Community Marketplace Points is prohibited. Community Marketplace reserves the right to cancel, revoke, or otherwise prevent the issuance of Community Marketplace Points in cases of mistake and in any suspected case of unauthorized or fraudulent use.
9. PAPP - Patrons As Promotional Partners
Community Marketplace Points Patron as Promotional Partner (“PAPP Program”) is a Promotional Activity by which you may earn Community Marketplace Points if a non-Community Marketplace customer you refer makes a qualifying purchase on the Site. You may earn Community Marketplace Points over the lifetime of your participation across all referrals (“Lifetime Program Limit”). In order to be eligible to earn Community Marketplace Points through the PAPP Program, you must be eligible to accumulate and redeem Community Marketplace Points, maintain a Community Marketplace Points account in good standing, and be under the Lifetime Program Limit.
To participate, refer friends who are not current Community Marketplace subscribers and who have never purchased a voucher from the Site (“New User”) by sending them your personal referral link (“unique link”), available on the Site or provided to you as a recipient of an invite-only special offer. For a New User who accesses your unique link and, within the following 72 hours: (i) registers on the Site, and (ii) makes an initial purchase of a Community Marketplace Points offer priced at ten dollars ($10) or more (“Eligible Offer”), Community Marketplace Points will post to your account any Community Marketplace Points you are eligible to receive, up to the Lifetime Program Limit, within a reasonable amount of time.
Community Marketplace may provide various tools to help you disseminate your unique link. You may also share your unique link via email and social media. PLEASE NOTE THAT WHENEVER YOU DECIDE TO SHARE YOUR UNIQUE LINK, YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE COMMUNITY MARKETPLACE POINTS (STORE CREDIT) IF THEY SIGN UP AND MAKE A QUALIFYING PURCHASE. Failure to disclose this information is a violation of this Agreement and Community Marketplace Points may terminate you immediately from the PAPP Program, disqualify you from participating in the RAF Program in the future, and cause the forfeiture of any Community Marketplace Points in your account.
Community Marketplace Points reserves the right at any time to modify or discontinue the PAPP Program, either temporarily or permanently (or any part thereof), with or without notice. Community Marketplace Points will not be liable to you in the event of any modification, suspension or discontinuance of the PAPP Program.
10. Modification of this Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
11. Ownership of the Site.
12. Copyright and Trademarks.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Community Marketplace Points owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Community Marketplace Points or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Community Marketplace Points does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"Community Marketplace ", the Community Marketplace logos, and variations thereof found on the Site are trademarks owned by Community Marketplace and all use of these marks inures to the benefit of Community Marketplace. Other marks on the site not owned by Community Marketplace may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Community Marketplace unless otherwise stated, or may be the property of their respective owners. You may not use Community Marketplace's name, logos, trademarks, or brands without Community Marketplace's express permission.
13. End User Communications.
Community Marketplace in some instances allows you and other End Users to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, "Statements") through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, “Communities”). In most instances, you will be required to have a Community Marketplace user account in order to make Statements.
In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Community Marketplace shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Community Marketplace, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Community Marketplace shall have the right, but not the obligation, to remove any material from the Communities that Community Marketplace, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Community Marketplace assumes no liability for any Statements or other information removed from the Communities. Community Marketplace is under no obligation to use your Statements and may not use or post them at all.
In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Community Marketplace makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.
Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any and all Statements you post to the Site are not confidential. Any other person (whether or not a user of Community Marketplace’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements that you do not wish to be publicly disclosed. Community Marketplace is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Statements.
Some Statements you make to Communities will give you the option to list your Personal Information, or portion of your Personal Information, including your name, initials, username, social networking website user account name, image, likeness, voice, and location, in connection with your Statements. You grant Community Marketplace a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide, right to use, display, distribute, offer to sell and sell the Personal Information you list in connection with your Statements, whether the Statements appear alone or as part of other works, and in any form, media, or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub licensees, all without compensation to you. Community Marketplace shall have no obligation to use your Personal Information in connection with any Statements you submit or post, and may not do so at all.
Any Statements of any kind made by you or any other End Users to the Communities are those of the respective author(s) or distributor(s) and not of Community Marketplace. Other End Users may post Statements that are inaccurate, misleading, or deceptive. Community Marketplace does not endorse and is not responsible for any Statements made by End Users, and will not be liable for any loss or damage caused by your reliance on such Statements. The Statements expressed by other End Users reflect the opinions of the End Users who submitted them and may not reflect the opinion of Community Marketplace. Community Marketplace does not control or endorse any Statements found in any part of the Communities, and Community Marketplace specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.
As between you and Community Marketplace, you shall retain all of your ownership rights in and to the Statements you submit or post. However, by contributing Statements or other information on or through the Communities, you grant Community Marketplace a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees, and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Statements that you may have under any applicable law under any legal theory. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
Community Marketplace reserves the right to terminate the right to use the Site by an End User who infringes the copyrights of another.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, and you would like to bring this material to Community Marketplace's attention, you must provide Community Marketplace's DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Community Marketplace’s DMCA Agent for notice of claims of copyright infringement is:
Community Marketplace, Inc. Attn: Copyright Agent
15. Unsolicited Ideas
We do not accept or consider, directly or through any Community Marketplace employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
Community Marketplace has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
Community Marketplace will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
16. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMMUNITY MARKETPLACE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS, VOUCHERS, OR STATEMENTS (AS DEFINED ABOVE) PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMUNITY MARKETPLACE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
17. Limitation of Liability.
We will make every reasonable effort to resolve any disagreements that you have with Community Marketplace. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Community Marketplace arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Community Marketplace; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Community Marketplace’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Community Marketplace will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Community Marketplace shall be entitled to arbitrate their dispute.
19. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You agree to defend, indemnify and hold harmless Community Marketplace, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Community Marketplace from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Community Marketplace, and any conduct, speech, or Statements, whether online or offline, of any other user.
22. Choice of Law.
23. License to Sell Travel Services.
Community Marketplace does not holds a license to sell travel services
24. Additional Disclosures.
No waiver by either you or Community Marketplace of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
You are contracting with Community Marketplace.