The Site provides an interactive online service operated by 11th Avenue, Inc. on the World Wide Web of the Internet (the Web), consisting of information services, content and transaction capabilities facilitated through 11th Avenue, Inc., affiliates of 11th Avenue, Inc. or merchants (Merchants) offering vouchers for sale (Vouchers) which may be exchanged for goods/services at Merchants and other third parties.
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 for the first time), End User agrees to comply with all of the terms and conditions hereof. 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 11th Avenue, Inc. , and 11th Avenue, Inc. shall not be responsible for any data lost while transmitting information on the Internet. While it is 11th Avenue, Inc.’s objective is 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 11th Avenue, Inc., access to the Site may be interrupted, suspended or terminated from time to time.
11th Avenue, Inc. shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, 11th Avenue, Inc. 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.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
Licenses and Restrictions
This site is owned and operated by 11th Avenue, Inc. You may view material from this site only for your personal, noncommercial use. You agree not to: post material from this site on another web site; scrape or extract data, business names, deals, or other pertinent information from this site; transmit or redistribute material from this site; or link to this site within a framed webpage. If you choose to register as a user or make a purchase from this site, you agree to comply with all applicable laws and to provide only truthful and accurate information as requested.
LIMITATIONS OF LIABILITY
11th Avenue, Inc. is not liable for any special or consequential damages resulting from your use of, or your inability to use, the materials in this site, any linked site, or any voucher purchased via this site. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or, if a potential claim relates to a specific voucher, the total amount that you paid for that voucher.
THE CONTENT OF THIS SITE AND ANY LINKED SITE ARE PROVIDED "AS IS" AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COPYRIGHT AND TRADEMARKS
Everything located on or in this Site is the exclusive property of Eleventh Avenue or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ELEVENTH AVENUE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. 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 as a collective work under the United States copyright laws. Eleventh Avenue 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, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Eleventh Avenue or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to 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. 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. Eleventh Avenue 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. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Eleventh Avenue 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. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Eleventh Avenue the right to edit, copy, publish and distribute any material that you make available on this Site.
11th Avenue, Inc. and the Eleventh Avenue logo design are trademarks of 11th Avenue, Inc. If you feel any part of the Eleventh Avenue site infringes a copyright that you own, please send a notice to:
11th Avenue, Inc.
10813 South River Front Parkway
South Jordan, UT 84095
JURISDICTION AND APPLICABLE LAW
This agreement shall be governed by the laws of the State of Utah, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected, unless we determine that the invalid or unenforceable provision is an essential term to the agreement, in which case we may at our sole discretion amend the agreement.