Terms of Use

Terms of Use with Offermation.com

Welcome to this website hosted by Crowds, Inc., d/b/a “Offermation” (“Company”).  Company maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website, and instead contact Company in writing or via telephone as set forth below for desired information. 

Company reserves the right to modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Site Information

Information displayed on this website is subject to modification without notice.  Company reserves the right to modify such information without any obligation to notify past, current or prospective website users.  Some services may not be available in certain areas.  Company makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States.  Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights

Copyright Crowds, Inc., d/b/a Offermation, 2011.  All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to Company appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Use of this Site

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Company.

No Liability

In no event shall Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages.  Your sole and exclusive remedy is to discontinue your access to and use of the website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

Company makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by Company on an “AS IS” basis.  Company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Company makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website.  Company does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free.  Company shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  Company does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  None of the parties involved in creating, producing, or delivering this website or its content, including without limitation Company, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Company or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Company.  Such links are provided only as a service to our visitors.  Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  Company has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site.  You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.Offermation.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Company; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Company’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of the Company Privacy Policy http://www.offermation.com/privacy, which are incorporated into these Terms of Use by this reference.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Company or any other person or entity.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Company in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Company may provide interactive areas for participation by its members in its discretion. 

All users of this website must also follow any other guidelines or rules provided by Company or posted on this website.  A failure to comply with any of those guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the site.  Please report any violations of these guidelines to Company, as provided for in the “Contacting Us” paragraph of these Terms of Use.

You and other users of the Company bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this site. You should exercise the utmost discretion before providing any personal information on this site. Although Company is not obligated to monitor content or the accuracy of information, you acknowledge and agree that Company, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this site.  Company also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.

You understand and agree that: (1) Company assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the site (including without limitation any bulletin boards, chat rooms, surveys on the site) by you or by any other users or third parties and (2) Company is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

Company respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Company the following information, in the form prescribed by Section 512 of Title 17, United States Code:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work or works that you claim have been infringed; 
  3. a description of the allegedly infringing material, including its location on the site;
  4. your address, telephone number, and e-mail address; 
  5. 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
  6. 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.

Company’s Copyright Agent for notice of claims of copyright infringement on its site is: info@offermation.com

Entire Agreement

By your access or use of this website, you hereby agree to these Terms of Use.  These Terms of Use, together with the Company Privacy Policy constitute the entire agreement between you and Company with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company.  These Terms of Use will inure to the benefit of Company’s successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

Crowds, Inc.
1925 E Kenilworth Place, Ste 620
Milwaukee, WI  53202
(855) 687-6333 (toll free)
info@offermation.com