Agreement made between Shoutback Concepts, LLC, DBA: Shoutback whose principal place of business is at Commerce Park IV, 23240 Chagrin Blvd, Suite 802, Beachwood, OH 44122 United States, hereinafter as referred to as "Shoutback Concepts, LLC" and/or “Site” and the User of the Shoutback Concepts, LLC site hereby agrees to abide by these terms and conditions. By accessing the Shoutback site, a dba of Shoutback Concepts, LLC, and whose affiliates include Sugarplum Deals, you agree that you have read, understood and agreed to the following Terms and Conditions and consent to be bound thereby, including any future amendments or updates thereto.
I. Eligibility & Responsibility.
In order to use the Site and participate in the Shoutback Concepts, LLC program described below, you must:
- Be human. No machines, scripts, or automated services may be used to accumulate any reward benefits derived from the use of Shoutback Concepts, LLC. You may maintain only one account; any duplicate accounts will be subject to cancellation.
- Be 18 years of age or older.
- Have Internet access and a valid, working email address to be able to receive the privileges and benefits of membership. Shoutback Concepts, LLC is not responsible for your inability to connect to the Internet, log onto the Shoutback Concepts, LLC Site, or access your Shoutback Concepts, LLC account.
- Reside in the United States of America (U.S.A.) or Canada.
By registering for a Shoutback Concepts, LLC account, User will be allowed to save and personalize Site content, view offers from businesses listed on the Site, purchase promotional vouchers listed on the Site. By registering with the Site, User agrees that it is your responsibility for maintaining the confidentiality of your account user-name, password and all related activities that occur under your account user-name.
II. General Provisions
1. Use of Online Promotional Vouchers, Deals and Special Offers.
Shoutback Concepts, LLC permits online promotional vouchers, deals, and special offers to be provided as a free service to its Users. Promotional vouchers, deals, and special offers are provided by Merchants and/or Advertisers and other online sources. Shoutback Concepts, LLC is not responsible for the redemption, errors/omissions or expiration of promotional vouchers, and it is the User's responsibility to make sure that a promotional voucher, discount, special pricing, or free offer is presented during the checkout process of a Advertiser. All offers and promotions on Shoutback Concepts, LLC are subject to change without notice. Shoutback Concepts, LLC has no control over the legality of any promotional voucher or other offers made by Advertisers, the ability of any of the Advertiser to complete the sales in accordance with the offers, or the quality of the goods offered by the Advertiser. Shoutback Concepts, LLC has no control over whether Advertiser will honor the offers shown on the Shoutback Concepts, LLC Site, and does not guarantee the accuracy or completeness of the information contained on the Shoutback Concepts, LLC Site. In the event that you have a dispute with a Advertiser in any way relating to the Shoutback Concepts, LLC Site or the use of information from the Site, User agrees to waive and release Shoutback Concepts, LLC from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. Promotional vouchers purchased on the Shoutback Concepts, LLC Site by said Users will be fulfilled directly by the Merchant, and all purchases made will appear on Users credit card bill under Shoutback Concepts, LLC. When purchasing promotional vouchers you will be asked to provide certain information, including credit card information and shipping address. By completing these purchases, User agrees to pay all charges incurred by Users credit card.
Promotional vouchers cannot be redeemed for cash. Prices and availability of the products and services listed on the Shoutback Concepts, LLC Site are subject to change without notice. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Merchant and/or Advertiser, Shoutback Concepts, LLC and/or Merchant/Advertiser reserves the right to refuse or cancel any order placed for a promotional voucher at the incorrect price, even if the order has been confirmed and/or a credit card has been charged. If a User’s credit card has already been charged for the purchase and the order is canceled, user will have to notify the Merchant and/or Advertiser directly for a credit to User credit card account in the amount of the incorrect price, and notify said User of this occurrence. Promotional vouchers expire on the date stated on the website and on the printed promotional vouchers, except in California and where otherwise prohibited by law.
Shoutback Concepts, LLC offers third party promotional vouchers and merchandise for sale. Shoutback Concepts, LLC is not responsible for the actual available usage or duration of any certificate, or the policies of the Merchant and/or Advertisers who provide the certificates. Contact the Merchant/Advertiser directly to confirm restrictions. Shoutback Concepts, LLC is not responsible for any goods or services purchased with promotional vouchers. Contact the Merchant/Advertiser directly. Shoutback Concepts, LLC is not responsible for Merchant/Advertisers that are no longer in business or change location(s). There are no refunds or returns.
2. Disclaimers and Limitations of Liability.
THE Shoutback Concepts, LLC SITE IS BEING PROVIDED BY Shoutback Concepts, LLC "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW, Shoutback Concepts, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
USER AGREES THAT Shoutback Concepts, LLC WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY MERCHANT, AND THE USER HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST Shoutback Concepts, LLC AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, AND REPRESENTATIVES. Shoutback Concepts, LLC DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SPONSORS OR SUPPLIERS. Shoutback Concepts, LLC DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Shoutback Concepts, LLC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE Shoutback Concepts, LLC SITE. IN NO EVENT SHALL Shoutback Concepts, LLC BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH USERS USE OF Shoutback Concepts, LLC; ANY ACT OR OMISSION BY Shoutback Concepts, LLC IN ADMINISTERING THE Shoutback Concepts, LLC SITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF Shoutback Concepts, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Shoutback Concepts, LLC SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADVICE RECEIVED VIA THE Shoutback Concepts, LLC SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCED MAJEURE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Shoutback Concepts, LLC SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, USERS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Shoutback Concepts, LLC SITE.
II. Permitted Use.
User agrees that they will not use the Shoutback Concepts, LLC Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. User may not use the Shoutback Concepts, LLC Site in any manner, which could damage, disable, overburden, or impair the Shoutback Concepts, LLC Site or interfere with any other party's use and enjoyment of the Shoutback Concepts, LLC Site. User may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Shoutback Concepts, LLC Site. User is only authorized to visit, view and retain copy of pages of the Shoutback Concepts, LLC Site for his/her own personal use, and that User shall not duplicate, download, publish, modify, or otherwise distribute the material on the Site for any commercial use, or for any purpose other than described in these Terms and Conditions of Use, or unless specifically authorized by Shoutback Concepts, LLC.
III. Materials Provided or Posted on Shoutback Concepts, LLC.
While Shoutback Concepts, LLC may monitor the content and appearance of events, message, and other information posted on the Shoutback Concepts, LLC Site, User acknowledges that Shoutback Concepts, LLC is under no obligation to do so. Considering the real-time nature of the Shoutback Concepts, LLC Site, it is impossible for Shoutback Concepts, LLC to monitor or review every posting. User agrees that neither Shoutback Concepts, LLC, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness, or validity of any information posted on the Shoutback Concepts, LLC Site. User agrees that he/she will not use the Shoutback Concepts, LLC Site to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, racist, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violating of any law. User agrees that he/she will not post promotional information for a website or entity with which User is an affiliate, employee, owner, or otherwise receive any benefit from. User agrees he/she will not post any copyrighted material without the express permission of the copyright holder, unless the User owns such copyright.
User hereby grant Shoutback Concepts, LLC a perpetual, worldwide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use content and information User posts on the Shoutback Concepts, LLC Site for any purpose and in any media now known or hereinafter developed. User expressly agree that Shoutback Concepts, LLC is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication User send to us, without compensation, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services and using such information.
Advertisements, chain letters, pyramid schemes, and solicitations are not permitted on Shoutback Concepts, LLC. Any User who believes that a posted review or comment is objectionable is encouraged to contact Shoutback Concepts, LLC immediately by using the "Contact Us" link at the bottom of every page or by emailing Shoutback Concepts, LLC at support@Shoutback Concepts, LLC.com. Upon receipt of such notification, we will make every reasonable effort to take action as we deem necessary within a reasonable period of time. Shoutback Concepts, LLC reserves the right to delete any postings for any reason whatsoever, at our sole discretion. User agrees that he/she are solely responsible for the content of your postings, and that User will indemnify and hold harmless Shoutback Concepts, LLC and their agents and employees with respect to any claim based upon the appearance and/or transmission of User postings.
IV. Links and Search Results.
The Shoutback Concepts, LLC Site may automatically produce search results that reference or may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Shoutback Concepts, LLC and Shoutback Concepts, LLC is not responsible for the contents of any Linked Site, including without limitation a link contained in a Linked Site, or any changes or updates to a Linked Site. Shoutback Concepts, LLC cannot guarantee, represent or warrant that the content contained in these Linked Sites is accurate, legal and/or inoffensive. Shoutback Concepts, LLC does not endorse the content of these Linked Sites, nor can we guarantee that it will not contain viruses or otherwise impact a User’s computer. By using the Shoutback Concepts, LLC Site to search for or visit a Linked Site, User agrees and understands that User may not make any claims against Shoutback Concepts, LLC for any damages or losses, resulting from Users use of Linked Sites. If a User have a problem with a Linked Site, please notify Shoutback Concepts, LLC at support@Shoutback Concepts, LLC.com and Shoutback Concepts, LLC will investigate your claim and take any actions it decides is necessary and appropriate. Shoutback Concepts, LLC is not responsible for web casting or any other form of transmission received from any Linked Site. Shoutback Concepts, LLC is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Shoutback Concepts, LLC of the site or any association with its operators.
V. Violation of Terms
If User violate these Terms and Conditions of Use, whether Users are a registered Shoutback Concepts, LLC user or not, the Shoutback Concepts, LLC Site reserves the right to terminate Users access to any or all services at any time without notice and/or take any other action that Shoutback Concepts, LLC deems necessary and appropriate. User agrees that monetary damages may not provide sufficient remedy to Shoutback Concepts, LLC for violations of these Terms and Conditions of Use and you consent to injunctive or other equitable relief for such violations.
VI. Termination or Access Restriction.
Shoutback Concepts, LLC reserves the right, at its sole discretion, to terminate Users access to the Shoutback Concepts, LLC Site and the related services or any portion thereof at any time, without notice. The Site also reserves the right, at any time and for any reason, to delete any and all communications, postings or other content placed on the Site by User, without notice, for conduct violating these Terms and Conditions of Use. To the maximum extent permitted by law, this agreement is governed by and constructed in accordance with the laws of the State of Ohio, U.S.A. and User hereby consent to the exclusive jurisdiction and venue of state courts in Cuyahoga County, Ohio, or the United States Federal District Court, Northern District, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. User agrees that no joint venture, partnership, employment or agency relationship exists between User and the Shoutback Concepts, LLC Site as a result of this agreement or the use of the Site. The Site's performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement shall be construed to be in derogation of the Site's right to comply with governmental, court and law enforcement requests or requirements related to Users use of the Site or information provided to or gathered by the Site with respect to such use. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provisions and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and the Site with respect to the Site and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral, or written, between the User and the Site with respect to the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Agreement and all related documents are drawn up in English.
User agrees and shall indemnify, defend and hold Shoutback Concepts, LLC and all of its agents, directors, employees, information, providers, licensors and licensees, officers and parent companies (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation to attorney fees), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. User will cooperate as fully and reasonably required in the defense of Shoutback Concepts, LLC should any claims be made. Shoutback Concepts, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent from Shoutback Concepts, LLC.
The trademarks, logos and service marks ("Marks") displayed on the Site of the property of Shoutback Concepts, LLC and other parties. Users are prohibited from using any Marks for any purpose whatsoever, including, but not limited to, used as meta tags on other pages or sites without the written permission of Shoutback Concepts, LLC, or such third party which may own the applicable Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available through the Site for commercial or public purposes. Shoutback Concepts, LLC avails itself of the protections under the Digital Millennium Copyright Act. Shoutback Concepts, LLC reserves the right to remove any content on the Site, which allegedly infringes another person's copyright. Notices to Shoutback Concepts, LLC regarding any alleged copyright infringement on the Site should be directed to support@Shoutback Concepts, LLC.com.