Last updated: August 5, 2011
IMPORTANT: ALL USERS MUST READ THIS SECTION
ANALOG ANALYTICS INC.
ACCEPTANCE OF TERMS AND CONDITIONS
"Analog Analytics" provides an interactive online service operated by Analog Analytics Inc. (herein referred to as “Analog Analytics”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Analog Analytics, affiliates of Analog Analytics, customers of Analog Analytics 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 Analog Analytics, and Analog Analytics shall not be responsible for any data lost while transmitting information on the Internet. While it is Analog Analytics’ 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 Analog Analytics, access to the Site may be interrupted, suspended or terminated from time to time.
3. Modified Terms.
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. Analog Analytics shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Analog Analytics, its subsidiaries, affiliates publishers, advertisers, merchants, other business partners 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.
6. Intellectual Property.
All right, title and interest in the Site and the Microsites, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Analog Analytics or its licensors, except for any third-party owned Site or Microsite which shall belong solely and exclusively to such third party or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Microsites constitute a valuable trade secret and/or is the confidential information of Analog Analytics or its licensors or third party business partners, as applicable. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or the Micorsites, in whole or in part. All content and materials included as part of the Site and Microsite, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Analog Analytics or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Analog Analytics or its licensors owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Site or the Services may cause Analog Analytics and its licensors irreparable injury, which may not be remedied at law, and you agree that Analog Analytics and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The Analog Analytics name, logo, other related names, including Bigger Better Deal, design marks, product names, feature names and related logos are trademarks of Analog Analytics and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Analog Analytics. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Analog Analytics and may not be copied imitated or used, in whole or in part, without the express prior written permission of Analog Analytics.
End User shall 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. Analog Analytics does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall 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, End User warrants that the owner of such material has expressly granted Analog Analytics 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. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Analog Analytics the rights to edit, copy, publish and distribute any material made available on this Site by End User.
We respect the intellectual property rights of others, and ask you to do the same. Analog Analytics’ policy is to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on any of our Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated agent for notice of copyright infringement can be reached at firstname.lastname@example.org, or by sending postal mail to the following address
Analog Analytics Inc.
420 Stevens Avenue, Suite 350
San Diego, CA 92075
Attention: General Counsel
The foregoing provisions of Section 6 apply equally to and are for the benefit of Analog Analytics, its subsidiaries, affiliates 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.
Analog Analytics shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Analog Analytics, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Analog Analytics shall have the right to remove any material that Analog Analytics, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to Analog Analytics 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, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Analog Analytics, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Third Party Sites by End User.
End User is solely responsible for its interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Analog Analytics from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a voucher, and any conduct or speech, whether online or offline, of any other user.
11. Term and Termination.
Analog Analytics may terminate this Agreement at any time. Without limiting the foregoing, Analog Analytics shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Analog Analytics, 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 1-3, 5-19 will survive termination of this Agreement.
12. Linking to Site.
You are permitted to link to the home page of our Web site at AnalogAnalytics.com and, unless we indicate otherwise, to deep link to internal pages of our Web site on which the Services are provided. You are permitted to utilize any widgets, code generation, short linking service or other linking tools provided on the Service for the purpose of sharing content as part of the Service. Notwithstanding the foregoing, framing of the Services as part of any other Web site or service, or any other manner of incorporating all or any portion of our Services or the Services Content (as defined below) as part of another Web site or service, is not permitted without our prior written consent.
13. Third Party Content.
Analog Analytics, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Analog Analytics has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Analog Analytics. Neither Analog Analytics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Analog Analytics. Analog Analytics neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Analog Analytics by anyone other than authorized Analog Analytics employee spokespersons while acting in official capacities. Under no circumstances will Analog Analytics be liable for any loss or damage caused by an end user's reliance on information obtained through Analog Analytics. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Analog Analytics.
Analog Analytics contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Analog Analytics of the contents on such third-party sites and Analog Analytics hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Analog Analytics expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Analog Analytics reserves the right to revoke its consent to any link at any time in its sole discretion. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
14. Mobile Services.
The Services may include certain services and features that are available via your mobile phone or other mobile device, including the ability to receive Analog Analytics messages (hereinafter, the "Mobile Services"). We may charge for Mobile Services. In addition, your carrier's normal messaging, data, and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you (including, without limitation, by way of third-party messaging services) regarding Analog Analytics and other entities by SMS, MMS, text messages, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Analog Analytics account information to ensure that your Analog Analytics-related messages are not sent to the person who acquires your old number.
15. Sharing Services.
Our Services may include services and features whereby users can share with others, or post to their profiles or other portions of the Services, videos, articles, and other Services Content, and links to information, content, materials, and software applications (collectively, "Content") on third-party sites and services (such features, "Sharing Services"). You acknowledge and agree that your use of the Sharing Services and all links, and Content that you share through the Sharing Services are subject to, and must comply fully with, this Agreement.
16. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER ANALOG ANALYTICS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE 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 (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT ANALOG ANALYTICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL ANALOG ANALYTICS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE THIRD PARTY SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ANALOG ANALYTICS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ANALOG ANALYTICS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE THIRD PARTY SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ANALOG ANALYTICS. MOREOVER, ANALOG ANALYTICS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, ANALOG ANALYTICS, DEEMS UNSUITABLE.
This Agreement and any operating rules for vouchers established by Analog Analytics constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Analog Analytics' headquarters are in San Diego, California. Legal issues arising out of, but not exclusive to the use of, this Site or the Third Party Sites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Third Party Site, shall be finally settled by arbitration in San Diego, California under the rules of arbitration of the American Arbitration Association.
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.
18. Notice and Assignment
Analog Analytics may give notice by means of a general notice via the Site, electronic mail to your e-mail address on record in Analog Analytics' account information, or by written communication sent by first class mail or pre-paid post to your address on record in Analog Analytics' account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Analog Analytics via email to legal@AnalogAnalytics.com. This Agreement may not be assigned by you without the prior written approval of Analog Analytics but may be assigned without your consent by Analog Analytics to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
We may provide you with means to provide feedback, suggestions, and ideas, if you choose, about the Site, our products and Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the Services.
Further, by providing us with any Feedback, you hereby irrevocably transfer and assign to Analog Analytics and agree to irrevocably assign and transfer to Analog Analytics all of your right, title, and interest in and to all of your Feedback, including all intellectual property rights therein. At Analog Analytics' request and expense, you will execute documents and take such further acts as Analog Analytics may reasonably request to assist Analog Analytics in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for your Feedback.
Additionally, you hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display any and all such Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
II. TERMS OF SALE
You are required to create an account, including the establishment of a password, in order to purchase a Voucher. An account is required to use the Site. You are responsible for all activity occurring when the Site is accessed through your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site. You shall: (i) notify Analog Analytics immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) keep all of your profile information current. You will be responsible and liable for all communications and actions that take place through the use of your account, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.
Vouchers you purchase are redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Analog Analytics nor any of our publishers, advertisers or other third party customers and vendors, is the seller of the goods and services and is solely responsible for redeeming any Analog Analytics Voucher that you purchase. Analog Analytics, through our publishers, advertisers or other third party customers and vendors, sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant. The Merchant is the issuer of the Voucher 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”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Analog Analytics and its subsidiaries, affiliates, partners, publishers, advertisers, business partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services/goods it provides in connection with it.
Vouchers purchased on the Site by you as a Analog Analytics account holder, are special promotional offers that you purchase from participating Merchants through our service. The Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. By placing an order for a Voucher, you make an offer to purchase the Voucher you have selected pursuant to the terms of this Agreement, the terms on the Voucher itself and any additional, deal specific terms advertising the Voucher at the time of purchase (the “Fine Print”). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.
There are two separate parts to each Voucher: (a) the purchase value and (b) the promotional value. Together the purchase value and the promotional value add up to the full offer value of the Voucher and appears in the upper right hand corner of the Voucher Voucher. The purchase value is the amount you pay to buy a Voucher. The purchase value does not expire until it is used or refunded. The promotional value is the “added” value of the Voucher – the amount in excess of the purchase value. The promotional value will expire by the date stated on the face of the Voucher unless applicable law prohibits the promotional value from expiring. For example, if you pay $20 for a Voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 (and that amount dos not expire until it is used or is refunded), and the promotional value is $30 and it expires on the date stated on the Voucher (unless expiration of the promotional value is prohibited by law).
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 Analog Analytics Vouchers.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
3. Additional Terms and Conditions for All Analog Analytics Vounchers
All Vouchers printed from the Analog Analytics website or any website associated with Analog Analytics, including any of our publishers, advertisers or other third party customers, vendors and business partners, are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Analog Analytics and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The Merchant is the issuer of the Voucher 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”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Analog Analytics and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services/goods it provides in connection with it.