Terms of Service

Last updated May 21, 2011

I. TERMS OF USE

1. Definitions.

Capitalized terms not otherwise defined herein have the following meaning:

"Agreement" or "Terms of Use" or "Terms" means the terms and conditions set forth herein, as may be modified or supplemented from time to time as further described below.
"End User", "you" or "your" means the user of this Site.
"Tippr" "we" or "our" means Tippr LLC.
"Privacy Policy" means the Tippr Privacy Policy (which is incorporated herein by reference), as may be modified or supplemented from time to time as further described therein and located at http://365austindeals.com/legal/privacy/.
"Site" means this Web site.
"Web" means the World Wide Web of the Internet.

2. General.

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY THE END USER. BY USING THIS SITE (OTHER THAN TO READ THIS AGREEMENT AND THE PRIVACY POLICY), YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION.

The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Tippr, and Tippr shall not be responsible for any data lost while transmitting information on the Internet. While it is Tippr's objective to make the Site accessible 24 hours per day, 7 days per week, 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 the control of Tippr, access to the Site may be interrupted, suspended or terminated from time to time.

Tippr shall have the right at any time to change or discontinue any aspect or feature on the Site, including, but not limited to, content, the products and services offered on the Site (collectively, the foregoing shall hereinafter be referred to as the "Services"), hours of availability and equipment needed for access or use, without notice. Further, Tippr may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Services or any portion of the Services.

We also reserve the right (but do not assume the obligation), in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.

3. Modified Terms.

Tippr reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy in our sole discretion without prior notification to you. Any such modifications shall be effective immediately upon Tippr's posting thereof and any such use of the Site thereafter by End User shall be deemed to constitute acceptance by End User of such modifications. Such changes may include, among other things, the adding of certain fees or charges. Accordingly, please read these Terms of Use and Privacy Policy prior to your use of the Site in order for you to stay informed as to any such changes.

4. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Tippr's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Tippr's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Tippr.

End Users who interact with each other, whether on or off of Tippr, are solely responsible for any and all transactions and other interactions with each other, including, without limitation, arranging for any applicable payments and the exchange of goods and services (if applicable), as well as for the performance and results of any transaction, interaction, or relationship entered into through or in connection with this Site or any of the Microsites. You acknowledge and agree that Tippr is not responsible or liable for any action or inaction of Tippr users in connection with any such transactions or other interactions for any failure to perform, to pay any amounts due, to deliver any goods or services, or for any other aspect of such transactions or other interactions.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of Tippr, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto (e.g., charges by internet service providers and wireless providers). Tippr shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

6. Intellectual Property.

All right, title and interest in the Site and the Microsites, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Tippr or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Microsites constitute a valuable trade secret and/or is the confidential information of Tippr or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or the Micorsites, in whole or in part. All content and materials included as part of the Site and Microsite, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Tippr or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Tippr or its licensors owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Site or the Services may cause Tippr and its licensors irreparable injury, which may not be remedied at law, and you agree that Tippr and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

The Tippr name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Tippr and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Tippr. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Tippr and may not be copied imitated or used, in whole or in part, without the express prior written permission of Tippr.

End User shall 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. Tippr does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Tippr the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Tippr the rights to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 6 apply equally to and are for the benefit of Tippr, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Copyright Policy.

We respect the intellectual property rights of others, and ask you to do the same. Our policy is to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on any of our Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice of copyright infringement can be reached at abuse@Tippr.com, or by sending postal mail to the following address

8. Monitoring.

Tippr shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Tippr, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Tippr shall have the right to remove any material that Tippr, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Tippr does not control or endorse the content, messages or information found in any Community, and, therefore, Tippr specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Tippr (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Tippr as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Tippr the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Tippr's Privacy Policy.

10. License Grant; Restrictions.

Subject to the terms and conditions of this Agreement, Tippr hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Site solely on a server controlled by Tippr and solely for your own internal business purposes within the United States of America. The license granted herein is conditioned on your continued compliance with the terms and conditions of this Agreement.

By posting communications on or through this Site, End User shall be deemed to have granted to Tippr a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication 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 sublicensees.

You must comply with all applicable laws when using the Site, our products and Services. You acknowledge and agree that:

a. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Site or the Microsites;

b. You shall not access the Site for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site, (c) copy any ideas, features, functions or graphics of the Site, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;

c. You shall not access the Site if you sell or provide any service or software that may compete with Tippr's Services or products (a "Competitor");

d. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Tippr or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;

e. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of Tippr or any of its customers or suppliers, any Tippr product or service, or those of any other party;

f. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that "crack," or make unauthorized changes to, the software;

g. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Tippr or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;

h. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;

i. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Site or any Tippr (or Tippr supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Tippr (or Tippr supplier) facilities used to deliver the Site; and

j. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Site.

In addition, except as may be expressly permitted by applicable law or as may be authorized by Tippr in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Site (including, without limitation, any such information, works, and other content that we may make available in RSS feeds, Java Script or in other "push" methods ) (collectively, "Services Content") or compile or collect any Services Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders, or automated posting scripts or robots) to use the Site or store, copy, modify, distribute, gather, extract, or resell any Services Content; (iii) rent, lease, or sublicense your access to the Site to another person; (iv) use the Site or Services Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (vi) use the Services in a manner that threatens the integrity, performance, or availability of the Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or Services Content. We provide a limited exception to item (ii) above to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided that all calls to our Services are from a stable IP address or range of IP addresses and comply with our robots.txt file. For purposes of the preceding sentence, a "general purpose Internet search engine" does not include any Web site or service that is in the business of providing listings for items, products, or services.

11. Indemnification.

You shall defend, indemnify and hold Tippr harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys' fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Site or the Microsites or (ii) your breach or violations of this Agreement.

12. Term and Termination.

The term of this Agreement commences on your first use of the Site and continues through any subsequent use of the Site thereafter. Any unauthorized use of the Site will be deemed a material breach of this Agreement. Tippr, in its sole discretion, may, in addition to any other remedies it has in accordance with applicable law, terminate your password, account or use of the Site if you breach or otherwise fail to comply with this Agreement or the Privacy Policy. In addition, Tippr may terminate a free account at any time in its sole discretion. The provisions of Sections 1-4 and 6-20 of this Article I will survive termination of this Agreement.

13. Linking to Site.

You are permitted to link to the home page of our Web site at Tippr.com and, unless we indicate otherwise, to deep link to internal pages of our Web site on which the Services are provided. You are permitted to utilize any widgets, code generation, short linking service or other linking tools provided on the Service for the purpose of sharing content as part of the Service. Notwithstanding the foregoing, framing of the Services as part of any other Web site or service, or any other manner of incorporating all or any portion of our Services or the Services Content (as defined below) as part of another Web site or service, is not permitted without our prior written consent.

14. Third Party Content.

Tippr, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Tippr has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Tippr. Neither Tippr nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 17 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Tippr. Tippr neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Tippr by anyone other than authorized Tippr employee spokespersons while acting in official capacities. Under no circumstances will Tippr, its shareholders, directors, officers, employees, agents, or representatives be liable for any loss or damage caused by an end user's reliance on information obtained through Tippr. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Tippr.

Tippr contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Tippr of the contents on such third-party sites and Tippr hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Tippr expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Tippr reserves the right to revoke its consent to any link at any time in its sole discretion.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

15. Mobile Services.

The Services may include certain services and features that are available via your mobile phone or other mobile device, including the ability to receive Tippr messages (hereinafter, the "Mobile Services"). We may charge for Mobile Services. In addition, your carrier's normal messaging, data, and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you (including, without limitation, by way of third-party messaging services) regarding Tippr and other entities by SMS, MMS, text messages, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tippr account information to ensure that your Tippr-related messages are not sent to the person who acquires your old number.

16. Sharing Services.

Our Services may include services and features whereby users can share with others, or post to their profiles or other portions of the Services, videos, articles, and other Services Content, and links to information, content, materials, and software applications (collectively, "Content") on third-party sites and services (such features, "Sharing Services"). You acknowledge and agree that your use of the Sharing Services and all links, and Content that you share through the Sharing Services are subject to, and must comply fully with, this Agreement.

17. Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER TIPPR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS 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, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT TIPPR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER TIPPR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

TIPPR IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY TIPPR. MOREOVER, TIPPR RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, TIPPR, DEEMS UNSUITABLE.

IN NO EVENT SHALL TIPPR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF TIPPR IN CONNECTION WITH THE SITE AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PAYMENT MADE BY YOU TO TIPPR FOR THE SPECIFIC VOUCHER GIVING RISE TO SUCH CLAIM.

YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE DISCLAIMERS AND LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE USE OF THE SITE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

18. Miscellaneous.

This Agreement and the Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

By using the Site, you represent and warrant that you (i) are at least 18 years old, (ii) are of legal age to form a binding contract, (iii) have not been removed or suspended from the Site by Tippr, and (iv) will only use the Site for purchases within the United States of America. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, you must immediately stop using the Site.

Tippr's headquarters are in Seattle, Washington. Enforcement of these Terms, and any action arising out of or relating these terms, will be governed by the laws of the State of Washington, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services will lie in the State and Federal courts located in King County, within the State of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or to your use of the Services must be filed within one year after such claim or cause of action arose or be barred forever.

For Florida residents purchasing Vouchers where the Merchant (as defined below) is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software

19. Notice and Assignment

Tippr may give notice by means of a general notice via the Site, electronic mail to your e-mail address on record in Tippr's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Tippr's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Tippr via email to legal@tippr.com. This Agreement may not be assigned by you without the prior written approval of Tippr but may be assigned without your consent by Tippr to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

20. Feedback

We may provide you with means to provide feedback, suggestions, and ideas, if you choose, about the Site, our products and Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the Services.

Further, by providing us with any Feedback, you hereby irrevocably transfer and assign to Tippr and agree to irrevocably assign and transfer to Tippr all of your right, title, and interest in and to all of your Feedback, including all intellectual property rights therein. At Tippr's request and expense, you will execute documents and take such further acts as Tippr may reasonably request to assist Tippr in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for your Feedback.

Additionally, you hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display any and all such Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

21. Liquidated Damages

You understand and agree that, because damages are often difficult to quantify for certain violations of these Terms, if it becomes necessary for Tippr to pursue legal action to enforce these Terms, you will be liable to pay Tippr the following amounts as liquidated damages, which you accept as reasonable estimates of Tippr's damages for the specified breaches of these Terms:

a. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Tippr's express written permission, you agree to pay Tippr three thousand dollars ($3,000) for each day on which you engage in such conduct.

b. If you violate Section 10, without Tippr's express written permission, you agree to pay Tippr one thousand dollars ($1,000) for each day on which you engage in conduct that violates the terms of Section 10.

c. If you send unsolicited email advertisements to Tippr End Users or through Tippr's computer systems, you agree to pay Tippr twenty five dollars ($25) for each such email.

Otherwise, you agree to pay Tippr's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Tippr retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of this Agreement or in aid of the exercise of any power granted in these Terms, or any combination thereof.

II. TERMS OF SALE

General.

By placing an order for a voucher (the "Voucher") for a Merchant's good or service, you make an offer to Tippr to purchase the Voucher(s) you have selected on the terms and conditions stated in this Agreement and the Voucher. For example, the final sale of a Voucher may be conditioned on a certain number of end users of the Sites offer to purchase the Voucher. The sale of the Voucher will not be final until such conditions (if any) are satisfied.

You are required to create an account, including the establishment of a password, in order to purchase a Voucher. An account is required to use the Site. You are responsible for all activity occurring when the Site is accessed through your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site. You shall: (i) notify Tippr immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) keep all of your profile information current. You will be responsible and liable for all communications and actions that take place through the use of your account, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

The Voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Tippr, is the seller of the goods and services that is the subject of the Voucher and the Merchant is solely responsible for redeeming any Voucher you purchase. For clarity, Tippr sells the Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

Terms and Conditions for Restaurant-Specific Vouchers

For this section, Restaurant shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of certain Vouchers (each a "Restaurant-Specific Voucher").

Redemption frequency is determined by restaurants, and shall be contained in the Restaurant-Specific Voucher offer on Tippr.
Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant subject to applicable law. Restaurant-Specific Vouchers may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Restaurant, and the Restaurant agrees to comply with all state laws pertaining to the same. Our sole role in the transaction is as a marketing agent for the Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Restaurant, and we have no role in such determination or action taken on the part of the Restaurant.
It is at the discretion of the Restaurant to determine whether Tippr's Restaurant-Specific Voucher can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant and is permitted by applicable law.
Restaurant-Specific Vouchers are valid for dine in only unless otherwise stated on the Restaurant-Specific Voucher.
The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
Neither Tippr, nor the Restaurant is responsible for lost or stolen Restaurant-Specific Voucher.
Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption of a Restaurant-Specific Voucher not consistent with this Agreement will render the Restaurant-Specific Voucher void.
The Restaurant-Specific Voucher expires on the date specified on the Restaurant-Specific Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Restaurant-Specific Voucher (which is usually less than the original face value of the Tippr) to the extent required by applicable law.
If you redeem the Restaurant-Specific Voucher for less than its face value, you will not be entitled to a credit, cash or new Restaurant-Specific Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Restaurant-Specific Voucher exceeds the amount you redeemed. For example, if you paid $20 for Restaurant-Specific Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Restaurant-Specific Voucher.

Terms and Conditions for Non-Restaurant-Specific Vouchers

Vouchers purchased on the Site may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
Limit one (1) certificate per redemption. Only one certificate can be used per order unless otherwise specified by Merchant.
The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
Neither Tippr nor the Merchant is responsible for lost or stolen Vouchers.
Vouchers cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with this Agreement will render the Voucher null and void.
The Voucher (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Voucher (which is usually less than the original face value of the Voucher) to the extent required by applicable law.
If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
Redemption of Vouchers for alcoholic beverages may be limited by state and federal law, compliance with which is the responsibility of the Merchant. By redeeming any Voucher for alcoholic beverages, you swear and affirm that you are over the age of 21, and you acknowledge that the person receiving a shipment of alcoholic beverages as a result of such redemption is over the age of 21. Further, you agree that any alcohol purchased upon redemption of a Voucher is intended for personal consumption and not for resale. If you do not agree with these conditions you may not purchase Vouchers for alcoholic beverages.

Additional Terms and Conditions for All Tippr Vouchers

All Vouchers printed from the Site or any website associated with Tippr are promotional vouchers that are offered to you below their face value and shall be subject to the terms and conditions of this Agreement and the participating Restaurant or Merchant. The Merchant is the seller of the goods or services which you are purchasing.

The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of all other Vouchers is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. All Vouchers (including Restaurant-Specific Vouchers) are redeemable in their entirety only and may not be redeemed incrementally.

According to the laws of the respective states in which you purchased your Voucher, and in which you wish to redeem your Voucher at the Merchant, the Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer which is stated on the Voucher, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Tippr, as Tippr is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.

Notwithstanding the foregoing, If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Tippr, explain your situation in writing, and Tippr will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Tippr.

Tippr and its Merchants reserve all rights and remedies against you to the extent you violate these Terms of Sale, including without limitation counterfeiting Vouchers or otherwise engaging in fraudulent conduct.

Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@tippr.com or at Tippr.com, LLC, Attn: Terms of Use, 127 Broadway East Seattle, WA 98102.

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