Rules of the Road
Terms & Conditions: In using this website you are deemed to have read and agreed to the following terms and conditions. If you do not agree, you should not use this site: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “End User”, “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Site”, “Ourselves”, “We” and “Us”, refers to our Company, Whooplon LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Whooplon LLC provides an interactive website offering coupons (“Coupons”) for sale and other content more fully described on the Site. You must be at least 18 years of age to use this Site. If you are at least 13 years of age but not yet 18, you may use this Site under parental supervision. If you are under the age of 13, you may not use this Site.
Confidentiality Client records are regarded as confidential and therefore will not be divulged to any third party without your express permission and unless legally required to do so to the appropriate authorities. You will create a password and account during the registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
DISCLAIMER Exclusions & Limitations The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
In no event will Whooplon LLC be liable for any indirect, incidental, special or consequential or punitive damages arising out of or related to this Agreement. In no event will Whooplon LLC liability in connection with a Whooplon exceed the amounts paid for such Whooplon, and total aggregate liability arising out of or related to this Agreement shall not exceed the amounts paid by end user during the six months preceding the bringing of any claim.
You are required to create an account in order to purchase any Coupon. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Coupon. The Coupon you purchase through Whooplon LLC is redeemable for goods or services by the Merchant. The Merchant, not Whooplon LLC, is the seller of the Coupon and the goods and services and is solely responsible for redeeming any Coupon you purchase. Whooplon LLC sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.
- The holder and issuer of the Coupon is the Merchant, not Whooplon LLC.
- Merchant Coupons are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
- Coupons cannot be combined with any other Coupons, third party certificates, vouchers, or promotions, unless otherwise specified by Merchant.
- Neither Whooplon LLC nor the Merchant is responsible for lost or stolen Coupons or reference numbers.
- If you redeem the Coupon for less than its face value, you will be entitled to a credit or cash from the Merchant, equal to the difference between the face value and the amount you redeemed.
- Limit one (1) Coupon per redemption. Only one Coupon can be used per order unless otherwise specified by Merchant.
- According to applicable law, the Merchant may be responsible for allowing you to redeem your Coupon for the cash value based on the money you actually paid for your Coupon, for a period of time that extends beyond the expiration date on the Coupon. Please contact the Merchant. If the Merchant refuses to redeem your coupon, please contact Whooplon LLC in writing at email@example.com.
Termination of Agreements and Refunds Policy Whooplon LLC has the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Whooplon LLC may terminate any account at any time for any reason.
Availability You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this Website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website, which is the exclusive property of Whooplon LLC. End User may not modify, publish, sell, or in any way exploit any of the content on this Site.
Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number. This company’s mailing address is 2885 Sanford Avenue SW #17290, Grandville, MI 49418.
Equipment You are 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. Whooplon LLC is not liable for any damages to the End User’s equipment resulting from the use of this Site.
Indemnification and Release End User agrees to defend, indemnify and hold harmless Whooplon LLC, its 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 End User in connection with the Site. End User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, End User hereby releases Whooplon LLC from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Coupon, and any conduct or speech, whether online or offline, of any other user.
Arbitration By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Whooplon arising out of, relating to, or connected in any way with this Agreement, this Site, or the purchase or sale of any Coupon(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”); (2) 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 End User), or at such other location as may be mutually agreed upon by End User and Whooplon LLC; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Whooplon LLC individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Whooplon LLC will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) 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 (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Whooplon LLC shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. © Whooplon LLC 2011 All Rights Reserved