Terms & Conditions

These Terms of Use govern your use of the SenditSocial.com website (this “Site”) provided by Witslab, Inc. (dba Send it Social) or one of its affiliates (“Send it Social,” “we,” “our,” and “us”). BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE. These Terms of Use apply to registered users of the Site (“User,” “you,” and “your”), and to anyone else who visits or otherwise uses the Site.

UPDATES AND GUIDELINES

We may update these Terms of Use from time to time without notice to you. You can review the most current version of the Terms of Use at any time at http://www.SenditSocial.com. When using certain services on the Site, you will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Send it Social, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old.

MEMBER ACCOUNTS, PASSWORD AND SECURITY

Certain portions of the Site are available only to Users, each of whom will receive a password and account designation upon completing our 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. You agree to immediately notify Send it Social of any unauthorized use of your password or account or any other breach of security. Send it Social will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.

USE OF OUR SITE

The Site provides an interactive online service operated by Send it Social, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making offer codes for goods, services, and/or experiences (“Offers”) available to Users. Offers may be purchased by Send it Social Users and exchanged for goods and/or services from the issuing Merchants or other parties identified in the terms of the Offer and subject to the terms set forth in the subject Terms of Use agreement. As a condition of your use of this Site, you agree that:

You are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or any other applicable law;

If you are using the Site on behalf of your employer, you are authorized to do so;

If you purchase any alcoholic beverages on the Site, you are at least twenty one (21) years old;

If you purchase any alcoholic beverages for another via the Site, the recipient is at least twenty one (21); and

If you elect to create an account:

You may create only one account for your personal use;

You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective Offers;

You will provide true, accurate, current and complete information as prompted by the Site’s registration form;

You will maintain and promptly update your registration data to keep it true, accurate, current and complete; and

AVAILABILITY OF THE SITE

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, 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 our control, Site access may be interrupted, suspended, or terminated.

CONDUCT ON OUR SITE

Our site is private property. All interactions on this site must be lawful and must comply with these Terms of Use. You agree to abide by the following rules for use of the Site.

You may not use the Site in such a manner as to violate any applicable law.

You may not use the Site or any hardware, software, or equipment of Send it Social for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Send it Social or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Send it Social.

You agree not to use the Site or any of its contents to advertise or solicit, for any other commercial, political, or religious purpose, or to compete, directly or indirectly with Send it Social.

You agree not to sell or transfer your access to the Site.

TERMS OF SALE

Offers you purchase through our Site as a User are offers that you purchase from participating Merchants through our service. The Offers are redeemable for certain goods, services and/or experiences offered by, or facilitated through, the Merchant identified on the Offer. The Merchant is solely responsible for redeeming the Offer. The Merchant is the issuer of the Offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) such goods and/or services may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not. You waive and release Send it Social and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission by you in connection with your use of an Offer or the service/goods it provides in connection with it.

By purchasing any Offer, you agree to the terms of this agreement and these Terms of Use. By purchasing, viewing a mobile version, printing, accepting, using, or attempting to use any Offer, you agree to these Terms of Use, specifically the terms on the Offer itself and any additional, deal specific terms advertising the Offer at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all Offers that we make available, unless a particular Offer’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an Offer’s fine print, the Offer’s fine print will control.

If a Merchant or venue refuses to honor any Offer, discontinues participation, or if the recipient does not accept a purchased gift, Send it Social will refund the amount paid upon request in the original form of payment, or will credit the Send it Social account of the purchaser with an equivalent amount for future purchases on the Site. Refunded amounts will not expire. Unauthorized or unlawful reproduction, resale, modification, or trade of Offers is prohibited.

We reserve the right to modify any features of the Site at any time without advance notice. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR REGISTERED USERS AND OTHER USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER REGISTERED USERS OR USERS OF THE SITE, Send it Social, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

OWNERSHIP

All materials that are created by, or related to Send it Social, including text, graphics, logos, icons, and images, are the property of Send it Social, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Send it Social and is also protected by United States and foreign intellectual property laws. You may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of Send it Social. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

SEND IT SOCIAL, is a trademark of Witslab, LLC, pending registration. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Send it Social shall not be deemed to be in the public domain, but rather the exclusive property of Send it Social, unless such mark or Site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Send it Social unless otherwise stated.

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. Send it Social 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 Send it Social 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 User’s personal use. You also grant Send it Social the right to edit, copy, publish and distribute any material that you make available on this Site.

EQUITABLE RELIEF

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Send it Social shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SEND IT SOCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE, AND, UNLESS OTHERWISE SPECIFIED IN WRITING, WITH RESPECT TO ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE. SEND IT SOCIAL MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of Send it Social, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Send it Social assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL SEND IT SOCIAL’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL SEND IT SOCIAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON SEND IT SOCIAL IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; AND (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

Send it Social shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Send it Social’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

THIRD PARTY WEBSITES

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk

INDEMNITY

You agree to indemnify and hold harmless Send it Social, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW

This contract shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Cuyahoga County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

GENERAL PROVISIONS

These Terms of Use are not assignable by you without Send it Social’s prior written consent. The waiver by Send it Social of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use are held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

Send it Social
635 Lakeside Avenue #302
Cleveland, Ohio 44113
© 2012 Send it Social