The following sets forth the terms of use (also known as the “Terms”) for the Web site located at https://usapromotiongift.com (the "Site"), which is operated by Danaleads and supersedes any previous statement of such policies. By using the Site, you are consenting to these Terms. Usapromotiongift.com may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update.
The Site is provided on an “as is” basis for the convenience of customers and users, and the Site and the domain name(s) associated with them and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of Usapromotiongift.com. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by Usapromotiongift.com (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of viewing the Site and other services offered by the Site, receiving information about usapromotiongift.com’s business and products, communicating with usapromotiongift.com, or otherwise as stated on the Site. usapromotiongift.com hereby grants a limited, revocable, worldwide, revocable, non-exclusive, non-transferable license to you to use the Content solely for the purpose of utilizing the Site. You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of usapromotiongift.com and/or its licensors, each of whom reserves all rights with regard to such materials. You agree to and must use your own name and email address in the sign-up process and may not assume a false identity. Your computer must not be shared with another individual that has an existing account. You must maintain your email account that you used when signing up to usapromotiongift.com
You hereby grant usapromotiongift.com a worldwide, perpetual, non-exclusive, transferable, fully- paid license to use, copy, perform, edit, rerun, reproduce, syndicate, license, sublicense, print, distribute, exhibit or revise any content provided by you to usapromotiongift.com via the Site in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party (which is referred to in these Terms as “User Content”). Further, by submitting such User Content you agree that upon usapromotiongift.com’s request, you will, without charge, make, execute and deliver any and all other instruments that may be necessary or desirable, as determined by usapromotiongift.com in its sole discretion, for the purpose of ensuring that all rights in the User Content are transferred to usapromotiongift.com and become the sole and exclusive property of usapromotiongift.com. In connection with such User Content, you warrant and represent to usapromotiongift.com that you have all rights, title and interests necessary to provide such User Content to usapromotiongift.com, and that your provision of the User Content to usapromotiongift.com shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret and such submission will be compliance with all laws, rules and regulations. Usapromotiongift.com makes no warranties, express or implied, with regard to the Site, their operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. Usapromotiongift.com makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or other services that you may access via the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. Usapromotiongift.com reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while usapromotiongift.com utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL USAPROMOTIONGIFT.COM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF USAPROMOTIONGIFT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL USAPROMOTIONGIFT.COM AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT OF $15.00.
Usapromotiongift.com may provide links to third party Web Site or services from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by usapromotiongift.com of such Site or an affiliation between usapromotiongift.com and the owners of such Site, nor shall usapromotiongift.com be liable for the contents of such Site. Usapromotiongift.com will also not be liable for any errors in such links, or for any malfunction of such links.
Usapromotiongift.com may provide you with an opportunity to obtain software or other proprietary content owned by usapromotiongift.com or a third party, such content may be subject to its own license agreement, in addition to these Terms. By using this Site, you agree to indemnify and hold harmless usapromotiongift.com, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you, or an account or computer owned by you, or your provision of User Content to usapromotiongift.com.
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in San Francisco, California. The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to usapromotiongift.com in connection with these Terms shall be provided in writing, and any notice will be deemed to be provided on the date it is received.
By using this Site, you agree to indemnify and hold harmless usapromotiongift.com, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you, or an account or computer owned by you, or your provision of User Content to usapromotiongift.com. These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in San Francisco, California.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to usapromotiongift.com in connection with these Terms shall be provided in writing, and any notice will be deemed to be provided on the date it is received.
(a) Media partner and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction. This agreement to arbitrate otherwise includes, but is not limited to claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use. For purposes of this arbitration provision, references to " Media partner," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and Media partner are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms of Use or your relationship with Media partner for any reason.
(b) A party who intends to seek arbitration must first send to the
other, by certified mail, a written Notice of Dispute ("Dispute
Notice''). The Notice to Media partner should be addressed to the
following address ("Dispute Notice Address''):
Media partner Street Address City, State Zip code Attention: Legal
Department The Dispute Notice must describe the nature and basis of
the claim or dispute and set forth the specific relief you seek from
Media partner ("Demand''). If Media partner and you do not reach an
agreement to resolve the claim within 30 days after the Dispute Notice
is received, you or Media partner may commence an arbitration
proceeding.
(c) After Media partner receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms Of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Media partner and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise. Except as otherwise provided for herein, Media partner will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Media partner for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND Media partner AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Media partner makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the Media partner Sites, you may reject any such change and require Media partner to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to Media partner at the Dispute Notice Address in subsection (b) above.