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Terms of Use Agreement

Terms
Isleptthroughclass.com LLC DBA wisecampus.com

TERMS OF USE AGREEMENT ACCEPTANCE AND CONDITIONS
Last Modified June/14/2011

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement ("Agreement") for www.WiseCampus.com, wisebuys.wisecampus.com  and isleptthroughclass.com ("Site," "we," "us," or "our"), Internet websites offered by WiseCampus.com LLC ("RMP").This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any other programming channel unless specifically stated.

I.TERMS OF USE

This Site is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions ("U.S."). If you are not yet 18 years old, or do not reside in the United States, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.

1. General
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and the Parent Companies. In this Agreement, the term "Site" includes all websites and webpages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and webpages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The Site provides an interactive online service operated by Wisecampus, Inc. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Wisecampus, affiliates of Wisecampus 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 Wisecampus, and Wisecampus shall not be responsible for any data lost while transmitting information on the Internet. While it is Wisecampus’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 Wisecampus, access to the Site may be interrupted, suspended or terminated from time to time.

Wisecampus 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, Wisecampus 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. Further Wisecampus owns all content an individual (a "user") submits and once points are reward to individual the individual can not post the content on another site. An individual (a "user") in no case can they download any Wisecampus content and submit it to another site especially in the case of monetary gain unless Wisecampus gives direct permission through written email.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

2. Modified Terms.
Wisecampus reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If Wisecampus makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. 

3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Wisecampus shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Wisecampus’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Wisecampus’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Wisecampus. The foregoing provisions of this Section 4 apply equally to and are for the benefit of Wisecampus, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. REGISTRATION
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

6. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of WiseCampus.com LLC, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of WiseCampus.com LLC. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

7. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

8. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

  • be libelous, defamatory, indecent, vulgar or obscene, pornographic,sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
  • be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
  • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.


9. SHOPPING
If we offer e-commerce on the Site, any e-commerce on the Site is brought to you by WiseCampus.com LLC., an operational service provider and affiliate under this Agreement. All goods and services offered for sale on the Site ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact support@WiseCampus.com and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).

Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.

10. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
The Site may provide its website users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from the Site, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided by Affiliates for RMP. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site's Agreement, including, without limitation, its Privacy Policy and Terms of Use Agreement. 

Users that register for the Site's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from the Site. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, RMP, the Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

A user understands, acknowledges and agrees that the Site may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. The Site may provide notice of terminations or changes in services on this Site.

11. POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, WiseCampus.com LLC, the Parent Companies or the Affiliates. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site, WiseCampus.com LLC, the Parent Companies or any of their Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. 

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Site, WiseCampus.com LLC, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant the Site, WiseCampus.com LLC and their Affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

There are various parental control and filtering products and services commercially available that may assist you in limiting access that is harmful to minors. The following links/organizations provide information related to these products and services:
The Federal Trade Commission's e-commerce and internet safety website, accessible at www.onguardonline.gov;
The National Center for Missing and Exploited Children, accessible online at www.missingkids.com;
Net nanny, accessible at www.netnanny.com; and
Cybersitter, accessible at www.cybersitter.com.
12. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, RMP, the Parent Companies, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

13. PODCASTING
The Site may provide podcasts ("Podcasts") consisting of selected audio content from the Site that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play Podcasts.

Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Podcasts are reserved to RMP or the content provider. Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Podcasts except as expressly authorized in this Section 10. You also may link to Podcasts from your website, weblog or similar application, as long as the linking does not (a) suggest that WiseCampuss.com LLC promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use WiseCampus.com LLC content for inappropriate or commercial purposes, or (c) or otherwise violate this Agreement. WiseCampus.com LLC reserves the right to discontinue providing Podcasts and to terminate your subscription or otherwise disable your access to or use of the Podcasts, or any content contained in the Podcasts, at any time for any reason.

By your access to and use of Podcasts, you understand, acknowledge and agree that the Site, WiseCampus.com LLC, the Parent Companies and their Affiliates do not warrant that its podcasting service will operate on all user equipment. Please see our "Disclaimer and Limitations of Liability" section for further details. 

14. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, WiseCampus.com LLC, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, WiseCampus.com LLC, the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how RMP collects and uses your Personal Information and co-branding relationships. 

15. HYPERLINKS TO THIRD PARTY SITES
You may deactivate your account on the Site, at any time and for any reason, by Contact Us. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. 

16. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site. 

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, RMP, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. 

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you. 

17. Copyright Policy.
Wisecampus reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Wisecampus by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Wisecampus with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Wisecampus’s Copyright Agent for notice of claims of copyright infringement is as follows:

Wisecampus.com LLC.
Attn: DMCA/Copyright Agent
8070 Castleton Road
Indianapolis, IN 4650
support@wisecampus.com

18. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER WISECAMPUS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISECAMPUS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

19. Limitation of Liability.
IN NO EVENT SHALL WISECAMPUS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL WISECAMPUS’S LIABILITY IN CONNECTION WITH A WISECAMPUS EXCEED THE AMOUNTS PAID FOR SUCH WISECAMPUS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

20.INDEMNIFICATION
You agree to indemnify, defend and hold the Site, WiseCampus.com LLC, the Parent Companies, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings. 

The Parent Companies reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies. 

21. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Wisecampus a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

22. Termination.
Wisecampus may terminate this Agreement at any time. Without limiting the foregoing, Wisecampus shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Wisecampus, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 9,11, 17, 18, 20, 21, and 23 will survive termination of this Agreement.”

23. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy, for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.  Privacy Policy

24. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). 

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. 

If you have any questions or comments regarding these Terms of Use or the Site (except for all notifications of claimed copyright infringement), please support@wisecampus.com. All notifications of claimed copyright infringement should be sent as provided in Section 3 under "Notice and Procedure for Making Claims of Copyright Infringement".

25. Arbitration.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Wisecampus arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Wisecampus; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Wisecampus’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wisecampus will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Wisecampus shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

26. Disclosures.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.

Wisecampus LLC is located at 8070 Castleton Road, Indianapolis, IN 46250. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at            (800) 952-5210      . You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

This Terms of Use Agreement are effective immediately.
II.TERMS OF SALE
All vouchers printed from the Site or any Microsite, or any other website associated with Wisecampus (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through Wisecampus to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through Wisecampus, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher. The Voucher you purchase through Wisecampus is redeemable for goods or services by the Merchant. The Merchant, not Wisecampus, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Wisecampus sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
  • Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
  • Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
  • Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
  • Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Valid for dine in only unless otherwise stated.
  • The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law. Neither Wisecampus nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers. Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
  • Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
  • Void to the extent prohibited by law.
  • If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
  • All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Wisecampus’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Wisecampus has no role in such determination or action on the part of the Merchant.


2. Terms and Conditions for Non-Restaurant Merchant Vouchers
  • Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges. Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
  • The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
  • Neither Wisecampus nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
  • Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
  • Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
  • Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
  • Void to the extent prohibited by law.
  • If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All Wisecampus Vouchers (wisebuys is the name of the program and ran through wisecampus.com LLC).
All Vouchers shall be subject to the terms and conditions of Wisecampus and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing. The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Wisecampus and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Wisecampus, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Wisecampus [and explain your situation in writing] and Wisecampus will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Wisecampus (presently known as “Gs”).