OFFERCAROUSEL.COM TERMS OF SERVICE

 

Effective Date:  January 1, 2019

 

THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND LIMITS OUR LIABILITY.  PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS.  IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.

 

This Terms of Service Agreement (“Terms of Service”) is a legal agreement between you and Blue Dolphin Media, Inc. (“Blue Dolphin Media,” “we” or “us”), and governs how you may use the OfferCarousel.com website (the “Site”).  When you utilize our Site, you are confirming your understanding of and agreement with these Terms of Service.   

 

For all questions about how we use the information we obtain through your use of the Site, please review our Privacy Policy. By using the Site, you agree to also be bound to the Privacy Policy, the terms of which are incorporated herein by this reference. Any rights not expressly granted herein are expressly reserved by Blue Dolphin Media.

 

NOTE:  THIS SITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.  By using this site, you are confirming that you are above the age of 13.

 

1.  Site Description.  OfferCarousel.com offers information about home security products, remote home monitoring services, health and wellness products and related services, and other products and services, all of which are offered by third party sellers.  All written copy, images, audio or video recordings, and any other information on this Site shall henceforth be referred to as “Content”.   This Site is for entertainment purposes only, and any Content published on this Site (including any advice, guidance, comments, or recommendations) is provided solely for that purpose.

 

(a)  Affiliate Relationships.  We maintain marketing affiliate relationships with third party companies that sell the products and services featured on this Site (“Sellers”).   We offer no guarantees that any product descriptions, pricing, or any other information about a product or service discussed on this Site, regardless of its source, is accurate, complete, reliable, current, or error-free.  Site Content is provided for informational and entertainment purposes only and does not constitute an endorsement by Protected-Home of any participating Seller.  We assume no liability for inaccuracy or incompleteness of any Content on the Site or in any communications from us.

 

2.   Waiver of TCPA Rights.  If you provide us with your phone number and consent to our contacting you by phone or SMS text message, you waive any and all rights you may have under the Telephone Consumer Protection Act of 1991 (TCPA), regardless of whether the telephone number you provide is registered with any state or federal Do-Not-Call (DNC) Registry.  You expressly waive any and all rights, including (but not limited to) any private right of action that you may have under the TCPA, and any statute, rule, or regulation governing the establishment or operation of any DNC Registry.

 

3.   Text Messaging Policy. We respond to all information request form submissions via an automated SMS messaging service. By completing a form on the Site, you are agreeing to receive messages from us, or “opting in” to our automated SMS text service. We will communicate with you via SMS for the purposes of responding to questions, special offers and order confirmations, service alerts and notifications. We may also send promotional messages that may be unrelated to the product or service you expressed interest in.  

 

Participating carriers include AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Carriers are not liable for delayed or undelivered messages.  As always, message and data rates may apply. You will receive an average of 5 messages per week, but we may occasionally exceed this number in certain circumstances. If you have any questions about your text plan or data plan, please contact your wireless provider.

You can cancel the SMS service at any time.  To stop receiving messages regarding a particular product or service reply with the word “Stop”.  To be removed from all future messages and special promotional offers, reply with the word “All”. We will respond with a single SMS message to confirm that you have been unsubscribed, after which you will no longer receive SMS messages from us.  You may, at any time, text "HELP" for a brief help message. We will respond with instructions on how to use our service as well as how to unsubscribe. You may also contact support at: +1 (888) 466-9789 or Stop@leads-force.com.

4.   ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Site, including without limitation, any TCPA claims that may arise from attempts to contact you following your submission of a web form. Therefore, you agree that, by using the Site, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Site or your use thereof, regardless of when they may arise.  Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Blue Dolphin Media applying New Jersey law.  The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.

 

5.   Trademark & Copyright.  The trademarks, service marks, logos, and all written Content (collectively, "Protected Content") used and displayed on this Site are registered and unregistered marks of our company and others or are otherwise protected by copyright laws. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Protected Content without our prior, written permission. We hereby grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below. 

 

6.  General Prohibitions. You may not do any of the following:

 

(a)    Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site;

(b)  Interfere with or disrupt the Site, or servers and networks connected to the Site, or circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site;

(c)    Use any robot, spider, scraper, or other automated means to access the Service for any purpose;

(d)  Take any action that imposes or may impose an unreasonable or disproportionately large load on Site infrastructure as we may determine in our sole discretion;

(e)  Submit a form requesting information about a product or service offered on this Site unless you have a genuine interest in the product or service, or for any other reason apart from receiving information about a particular product or service;

(f)   Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(g)    Impersonate any other person when submitting a form, or knowingly providing false contact information when submitting a form; or

(h)    Facilitate violations of these Terms of Service or our Privacy Policy.

 

7. No Warranty. THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. WE MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION DISPLAYED ON THE SITE, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

 

8. Limitation of Liability & Release.  In no event shall Blue Dolphin Media be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site, including without limitation to losses incurred due to: (a) any inaccurate information published on the Site or any site accessible via a texted link; (b) your business dealings with any third party Sellers of products or services featured on the Site; (c) any TCPA claims arising from our attempts to contact you; (d) any actions you take in reliance upon any information provided by the Site; and (e) any other damages or losses you may incur in connection with your use of the Site.  IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

 

We are not responsible for examining or evaluating the business practices, actions, omissions, or services of third-party Sellers whose products are featured on this Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A SELLER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

   

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."  If you are a New Jersey resident, certain sections of these Terms of Service, including Sections 5, 6, and 7 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.  Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

 

9. Indemnification.  BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLUE DOLPHIN MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION. 

 

10. Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of New Jersey, regardless of conflict of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Morristown NJ, except that arbitration proceedings may be conducted by telephone.  For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Morris County, NJ for the purpose of litigating all such claims or disputes.  All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

 

11. Limitation of Actions.  Any claim or cause of action arising out of your use of the Site (including any TCPA claims) must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.

 

12. Modification and Notice of Changes:  We reserve the right to modify these Terms of Service at any time.  If we elect to modify these Terms, we will post a notice informing users of the change on the Site.  You are responsible for reviewing the modified Terms of Service and accessing this Site after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms, please discontinue use of the Site immediately. Unless specifically stated otherwise, any new features, products or services added to the Site shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

 

13. Entire Agreement/Severability. This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us. If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.

 

If you have any questions or concerns regarding these Terms of Service, please contact us at stop@blue-dolphin-media.com.