RestaurantsPDX

Subscriber Terms of Service

 

1.  User Acknowledgment & Acceptance of Terms

RestaurantsPDX.net provides the RestaurantsPDX.com website and related services (collectively, the “service”) to you, the user, subject to your acceptance and compliance with all the terms, conditions, and notices contained and referenced herein (the “Terms of Service), as well as any other written agreement(s) entered into between us.

By subscribing to and using the service and website, you agree to be bound by these Terms of Service.  If you do not wish to be bound by these Terms of Service, then do not enter a subscription for the service. Your sole remedy for dissatisfaction with the service, the websites, or any ancillary products, services or content, is to discontinue using the service and/or the websites.  Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon receipt of your enlisted subscription to the service.

We expressly reserve the right to change these Terms of Service from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review the Terms of Service from time to time that are posted to this website to familiarize yourself with any modifications.  Your continued use of the service will constitute your acknowledgment and acceptance of any modified language to the Terms of Service.

2.  Description of Service

The service provides subscriber coupon advertising listings through the RestaurantsPDX.com website platform, as well as through the FREECOUPONS.COM website advertising platform.  Additionally, the service provides various ongoing coupon publishing agendas on behalf of its registered subscribers. 

In directly benefiting subscribers, it is afforded at no added charge that the service provides once-quarterly (i.e., once every three months), revisions and edits of published coupons to be made at the subscribers' request.  The subscribed republishing time line for revisions and edits to be made to published coupons is on the 1st day of the month for January, April, July and October.  Such requests for updates to be made to published coupons must be received no later than the 1st day of the previous month (e.g., December 1st for republishing on January 1st) for inclusion into the following quarterly publishing agenda.  Requests for revisions that are received after the 1st day of the preceding month deadline date in any quarter will be completed to reflect the succeeding publishing quarter. 

Requests for updates to coupons must be delivered electronically through this website's prescribed contact method by clicking on the "COUPON UPDATE" link shown in the website's page menu listing.  The "COUPON UPDATE" document is a password-protected page for use only by registered subscribers of the service.  Password information needed to access the page is subsequently delivered to subscribers via email following subscription activation.

Subscribers are allowed only one published coupon document per subscription account; however, the subscriber may include publishing of up to three separate coupon-styled incentives on the same document.  As a condition of enlisting a subscriber advertising account, you are giving your permission for the service to create, publish and otherwise edit coupon documents on the behalf of your business at your request.  New subscribers must submit an initial request to have a new coupon created by completing the "CREATE COUPON" request document that is linked to through the website's page menu listing.    

The service has no ability to track resulting sales from your online advertising and marketing agenda, which in simple terms is due to the broad nature of users’ activity on the Internet and whereby the fact of viewing any given website advertisement, including whether to actually print any given coupon offerings, does not predispose a user to necessarily initiating a future monetary transaction.  It is the responsibility of you, the client advertiser, to effectively track resulting sales by making inquiries of prospective customers to conclude how they discovered your advertising information.  In the case of UPC barcode encoding measures being implemented into coupon marketing agendas at the subscriber's request, or to otherwise include publishing of a coupon Promotional Code directly onto published coupons, any and all coupons accepted for redemption by the client subscriber can also effectively be tracked through either of these means.

3.  Subscription Terms, Cancellation & Refund Policy

Advertising subscriptions are assumed year-to-year (i.e., annual) and remain recurring until canceled.  Buyer agrees to pay the price of the subscription service as posted to the website.  There is no setup fee involved to enter into a subscription term.  The service may provide certain discounted subscription incentives from time to time.

The service makes sole utilization of the PAYPAL online payment network for the application and processing of subscription payments; and as such, we will never ask you for any credit card or bank account information.  The PAYPAL network otherwise does accept transactions to be performed directly through a credit or debit card, a bank account, or to be negotiated with available funds specifically reserved in users’ PAYPAL accounts; however, any such payment information is held as confidential between the PAYPAL network and that of individual PAYPAL account holders, and is thus not disclosed to any third parties including not to this service.

In order to facilitate a subscription for advertising to the service, it is necessary for prospective subscribers to hold an active PAYPAL account.  Creation of a user account through the PAYPAL service is free of charge.  If you do not already have a PAYPAL account, you may go to www.PAYPAL.com and create one.

In consideration that the PAYPAL payment network is assumed as a third-party payment processing provider, it is required that cancellation of subscription service be completed by affected subscribers directly through the PAYPAL online system by way of the subscribers’ personal account utility.  Any affected subscriber may choose to cancel a service subscription at any time and for any reason by simply logging into the online interface system of the PAYPAL network and choosing the effective option of “CANCEL SUBSCRIPTION” from the system menu.  There is otherwise no requirement made of a subscriber to first contact the service before enacting such cancellation.

Advertising placements already in effect at such time that a subscriber may choose to cancel an ongoing subscription will remain in effect through the end of the subscription term unless the affected subscriber specifically requests that such advertising placements be discontinued.  To discontinue advertising placements in this case, please call (503) 882-5899 to request removal of the affected placements.

Advertising subscription fees paid are deemed fully non-refundable.

4.  Right of Rescission

In compliance with any affected state, federal and/or local laws, you are presented with a minimum one-week right of rescission with which you can choose to cancel your subscription prior to the end of the one-week period and forgo any resulting charge or charges that would otherwise be made through or to your PAYPAL account.  Please observe that such dialogue notation pertaining to this minimum one-week waiting period is disclosed through the opening online page of the PAYPAL payment system linked to from this website.  Should a prospective subscriber choose to cancel a pending subscription prior to the close of the afforded trial period, it is given as a requirement for the prospective subscriber to perform such formal cancellation procedure pursuant to the foregone instructions described in section three (3) of these Terms of Service. 

5.  Third Party Sites & Information

This website may provide links to other websites on the Internet, or otherwise include references to information, documents, software, materials and/or services provided by other parties.  Any such websites and parties are not under our control and you agree to acknowledge that we are not responsible for the accuracy, copyright compliance, legality otherwise, nor any other aspect of the content of such websites; nor do we accept any responsibility for errors or omissions in reference to other parties, or to their associated products and services.  Any inclusion of such links or references is provided merely as a convenience and does not necessarily imply endorsement of, or association with, any website or parties by us, including where no presumptions or assumptions are made respective of warranty of any kind, whether express or implied.

6.  Disclaimer of Warranties

All materials and services on this website, or provided through this website, are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing, we make no warranty that (A) the services and materials will meet your requirements; (B) the services and materials will be uninterrupted, timely, secure or free from errors; (C) any results that may be obtained from use of the service or website materials will be effective, accurate or reliable; or (D) the quality of any products, services, or information purchased or obtained by you will necessarily meet your expectations.

The service websites could include technical or other mistakes, inaccuracies and/or typographical errors.  We may, at any time and with or without notice to you, make changes to website materials and the service, including that of the prices and descriptions of certain referenced considerations.

You accept that use of the service, including the electronic downloading of materials and/or acquisition of any materials through this website, whether directly or indirectly, is performed at your own discretion and risk; and you furthermore agree that you remain solely responsible for any potential of resulting damage to your computer system or other electronic devices, including whether to sustain a loss of data resulting from such activities.

Through your use of this website and the service, you may be presented with opportunities to engage in commercial transactions with other users and vendors.  To that extent, you acknowledge that all transactions relating to the procurement of merchandise and/or services offered by any affected party, including, but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery disclosures concerning such assumed transactions, are agreed to solely between you and the seller.

7.  Limitation of Liability & Indemnification

In consideration of enlisting a paid subscription to the service, you agree to defend, indemnify and hold harmless, us and our affiliates and/or our third-party representatives from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the service and this website.  We reserve the right, at our own expense, to assume the exclusive defense and control over any matter otherwise subject to indemnification by you, in which case you agree to cooperate on our behalf in making an assertion for any available defense.

You furthermore agree hereto that in no event shall we and/or our third-party representatives be held liable to you, whether directly or indirectly, for any special, punitive, incidental, indirect or consequential damages of any kind, including without limitation those perceived or conceived damages resulting from a loss of use, loss of data, or loss of profits, nor whether we have been advised of the possibility of such losses and/or damages.

Some legal jurisdictions prohibit the exclusion and/or limitation of certain liabilities for consequential and/or incidental damages; so the above limitations may not apply to you.

8.  International Use

While this website may be accessible worldwide due to the inherent electronic communication default nature of the Internet and the World Wide Web, we make no representation that materials on this site are either appropriate or available for use in locations outside of the United States of America; and accessing this website from territories where its contents are prohibited is not advised.  Those who choose to access this website from locations outside of the United States of America do so at their sole discretion, initiative and risk, and are responsible for compliance with their applicable local laws.  Any offer for any product, service and/or information made in connection with this website, whether directly or indirectly, is void where prohibited.

9.  Governing Law

By accessing this website and subsequently entering a paid subscription to the service provided, you agree that the statutes and laws of the State of Washington, within the County of Clark, in the United States of America, shall apply to all matters relating to your use of this website, including the purchase of products and services made available through this website; and including that such consideration shall be assumed without regard to any conflict of law principles thereof.  You furthermore agree and hereby submit to the exclusive jurisdiction and venue of any court of competent jurisdiction within the State of Washington, County of Clark, within the United States of America, with respect to such matters.

10.  Delivery of Notices

All notices to be made to a party shall be in writing and shall be delivered either via email or via conventional mail delivery.  Notices directed to us via email must be sent via our prescribed "CONTACT" form linked to at the top right side of the menu bar for this website.  Notices directed to us via conventional mail delivery must be sent to the attention of Customer Service, P.O. Box 5372, Vancouver, WA 98668.  Notices delivered to you may be sent to the address supplied by you as part of your subscription registration to the service.

11. Miscellaneous

As for any action made to enforce these Terms of Service, the prevailing party shall be deemed as entitled to reimbursement of any reasonable attorneys’ fees.  Any cause of action brought by you against us, whether directly or indirectly, must be instituted within one (1) year after the cause of action has arisen or be held in consequence as forever waived and barred from litigation.

You may not reassign your assumed rights, responsibilities and obligations under these Terms of Service conditions to any party whosoever; nor may you attempt to alter, supplement or amend this document under any means for any reason whatsoever, unless such provision is otherwise agreed to in the form of a written counter statement signed by you and us.  Any purported attempt to affect the foregone ideals will be construed as lacking merit and held as null and void.  We may otherwise freely assign our rights and obligations under these Terms of Service criteria.

In addition to any applicable exclusion provided by applicable law, we shall be excused from liability for non-delivery, or delay in delivery, of products and services made available through this website, of which such cause should or may arise due to any event beyond our reasonable control, including whether such cause may be foreseeable by either party.  Such consideration is given as inclusive of, but not limited to, acts of war, acts of God, labor disturbances, inability to secure transportation, imposition of a governmental act or regulation, or any other causes or events that rest beyond our reasonable control.

If any part of these Terms of Service criteria is held invalid or unenforceable by any means, then such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties; and the remaining portions of these Terms of Service criteria shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service conditions shall not be construed to constitute a waiver of that right or provision.

11.  Entire Agreement

These Terms of Service conditions constitute the entire agreement and understanding between us concerning the subject matter hereto, and supersede any and all prior agreements and understandings of the parties with respect to the subject matter.  Unless otherwise stated, and to the extent that any ideal associated with this website and/or service may be viewed in conflicting terms, or otherwise viewed as inconsistent with these Terms of Service criteria, then these Terms of Service criteria shall be deemed to take precedence.