Legal & Privacy
Terms of Use Agreement
This User Agreement is between you and PartnerCentric.com
(hereafter referred to as "the website," or "the site.")
Your rights and obligations under this Agreement and in
using this site are not assignable. Your use and access of
the site constitutes your acceptance, without modification,
of the terms, conditions and notices contained herein. In
addition, when using particular PartnerCentric services, you
shall be subject to any posted guidelines, rules, and
policies applicable to such services that may be posted from
time to time. All such guidelines, rules, and policies are
hereby incorporated by reference into this Agreement.
By using the PartnerCentric web site, YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS
THEREOF. Please read the following terms carefully. If you
do not agree to the terms and conditions of this Agreement,
you may not access, view, obtain goods or services from, or
otherwise use the PartnerCentric site.
1. You acknowledge that you are 13 years of age or older,
and, if under the age of 18, are using this web site under
the supervision of a parent, legal guardian, or other
responsible adult. Children under the age of 13 are not
allowed to visit or otherwise use our site.
2. You agree to the terms and conditions of the
PartnerCentric website's Privacy Policy, hereby incorporated
by reference, which details the ways in which we and other
parties might use personal information that belongs to you.
In accordance with this Policy, we may use information and
materials received from you or collected through your use of
our site, and may disclose such information to third
parties.
3. You are responsible for regularly reviewing this User
Agreement. PartnerCentric reserves the right, at its sole
discretion, to change, modify, add, remove or terminate any
portion of this Agreement, in whole or in part, at any time,
without prior notice.
4. You acknowledge that you own or otherwise control all of
the rights to the content that you post; that the content is
accurate; that use of the content you supply does not
violate this Agreement and will not cause injury to any
person or entity; and that you will indemnify
PartnerCentric.com or its affiliates for all claims
resulting from content you supply.
5. You shall not upload, email, post or transmit to, or
distribute or otherwise publish through the PartnerCentric
web site any material which: (i) disrupts the normal flow of
dialogue and/or exchange on the site, including posting or
otherwise transmitting material that is not related to the
subject at issue or otherwise restricts or inhibits any
other user from using and enjoying the site; (ii) is
unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, harassing, hateful,
embarrassing, pornographic, profane, sexually explicit, or
indecent; (iii) constitutes or encourages conduct that would
constitute a criminal offense, potentially give rise to
civil liability (including claims of defamation and/or
libel), or otherwise violate the local, state, or national
laws of any country; (iv) violates, plagiarizes, or
infringes the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy
or publicity, trade secrets, or any other proprietary right;
(v) contains a virus, worm, Trojan horse, or other harmful
component; (vi) contains any information, software, or other
material of a commercial nature; (vii) contains
solicitations or advertisements of any kind; (viii)
constitutes or contains false or misleading indication of
origin or statement of fact; or (ix) contains chain letters
or pyramid schemes.
6. You will not create or participate in rooms determined by
PartnerCentric to have been created for the purpose of
exchanging or swapping images, music, or other protected
intellectual property.
7. We reserve the right to release information to the proper
authorities, as a result of a violation of our standards or
unlawful acts, if the information is subpoenaed and/or if we
deem it necessary and/or appropriate. PartnerCentric.com has
the right, but not the obligation, to refuse service,
terminate accounts, or remove or edit content, in its sole
discretion.
8. By posting messages, creating or modifying a home page,
chatting, uploading files, inputting data, transmitting
e-mail, or engaging in any other form of communication
(individually or collectively "Communications") to or
through the site, you hereby grant to PartnerCentric.com a
perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such
Communications throughout the world, in all media now known
or hereafter developed. You hereby waive all rights to any
claim against PartnerCentric.com for any alleged or actual
infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in
connection with such Communications.
9. You will be responsible for your own Communications and
the consequences of posting or otherwise transmitting those
Communications. PartnerCentric.com does not represent or
guarantee the truthfulness, accuracy, or reliability of any
material posted or otherwise transmitted by website users or
endorse any opinions expressed by such users.
PartnerCentric.com does not screen, monitor or approve
Communications from our web site users in advance. If we
receive notification about a user regarding Communications
that allegedly do not conform to this Agreement,
PartnerCentric has the right, but not the obligation, to
investigate the allegations and determine in good faith and
at its sole discretion whether to remove or request the
removal of the Communication. We have no liability or
responsibility to users for performance or nonperformance of
such activities. PartnerCentric.com reserves the right to
expel users and prevent their further access to the site for
violating this Agreement or violating the law. We have the
right, but not the obligation, to remove Communications that
are abusive, illegal, disrespectful, disruptive, or
otherwise problematic.
10. PartnerCentric may immediately, without prior notice,
issue a warning, temporarily suspend, indefinitely suspend,
or terminate your use of and access to the site, at our sole
discretion, for any reason, whether with or without cause or
warning, and without liability. Your sole remedy against
PartnerCentric.com in the event of a dispute arising out of
this Agreement, the Site or your use thereof, is to
terminate this Agreement by ceasing your use of the site. In
the event of termination of this Agreement,
PartnerCentric.com may delete and/or store, in its
discretion, data associated with your use of the site.
PartnerCentric.com may also change, suspend, or discontinue
any aspect of the site at any time, including the
availability of any website feature, database, or content.
11. The PartnerCentric website contains information and
press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any
liability arising from its accuracy and any duty or
obligation to update this information or any other content.
Our site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance, and demand for our products or services, as
well as our intentions, plans, and objectives that are
forward-looking statements. These statements are based upon
a number of assumptions and estimates that are subject to
significant uncertainties, many of which are beyond our
control. When used on our site, words like "anticipates,"
"expects," believes," "estimates," "seeks," "plans,"
"intends," and similar expressions are intended to identify
forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The site and the information contained herein do not
constitute an offer or a solicitation of an offer for the
sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or
documents.
12. PartnerCentric.com makes no warranty, express or
implied, with respect to the content, information, or
services provided through, or in conjunction with, the
PartnerCentric website. We make no guarantee of the
accuracy, correctness or completeness of any information on
the Site, and shall not be responsible for: (i) any errors
of omission arising from the use of such information; (ii)
any failures, delays or interruptions in the delivery of any
content or service contained within the PartnerCentric
website; and (iii) any defamatory, libelous or unlawful
material contained within the site, including user Web
pages, resumes, emails, profiles, opinions, advice,
statements, memorandums or discussion board postings, or
materials related to a users' use of the site's chat
features. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall
be at your sole risk. You acknowledge that neither
PartnerCentric nor its website members, while such members
are participating in the site, are engaged in rendering
legal, medical, counseling, or other professional services
or advice. We encourage you to seek appropriate professional
advice for any situation or problem that you may have.
PartnerCentric has the right, but not the obligation, to
correct any errors or omissions in any portion of the
PartnerCentric website.
13. Posting or transmitting unauthorized or unsolicited
advertising, promotional materials, or any other forms of
solicitation to other users is prohibited.
14. YOU AGREE THAT YOUR USE OF THE PartnerCentric WEBSITE IS
AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION
MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE WEB
SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN
NO EVENT SHALL PartnerCentric BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
WEBSITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH
HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED
SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF PartnerCentric HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH
DAMAGES RESULT FROM PartnerCentric'S NEGLIGENCE OR GROSS
NEGLIGENCE. FURTHER, PartnerCentric DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT
CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
PartnerCentric WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, PartnerCentric'S LIABILITY SHALL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS
APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED
HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS
PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE
MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL
APPLY.
15. The links found on the PartnerCentric website will let
you leave our website and go to sites operated by parties
other than PartnerCentric. The linked sites are not under
the control of PartnerCentric, and we are not responsible
for the contents of any linked site or any link contained in
a linked site, or any changes or updates to such sites. Such
links by our website to sites maintained by third parties do
not constitute an endorsement, guaranty, or warranty by
PartnerCentric or any of its affiliates, of any third party
or their content, nor the existence of a partnership, joint
venture, agency, or other relationship between
PartnerCentric or any of its affiliates, and any linked
third party or their content. PartnerCentric does not assume
any responsibility or liability for the actions, product,
content and/or information of these and other third parties
and/or their web sites. You should carefully review their
privacy statements and other conditions of use.
16. By offering a number of third party products and
services, including advertisements, on our Site,
PartnerCentric makes no warranties or representations of any
kind as to the content or suitability of the subject matter
of any website, product or service from any such third party
business or individual. PartnerCentric expressly disclaims
liability for direct, consequential, or incidental damages
arising from the products, services, advertisements,
actions, or website content of these and any other third
parties, and you waive any claims against PartnerCentric for
damages arising from such transactions or your reliance upon
statements contained therein. You will not consider
PartnerCentric nor will PartnerCentric be construed as, a
party to such transactions, whether or not we may have
received some form of revenue or other remuneration in
connection with the transaction. Merchants are responsible
for all aspects of order processing, fulfillment, billing,
and customer service. You agree that use of such merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR
NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS PartnerCentric
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS FOUND ON THE WEB SITE OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED FROM OR TO OUR SITE.
17. This Agreement and our Privacy Policy contain the entire
agreement between you and PartnerCentric with respect to
this Site. It supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and PartnerCentric with respect to
this site. Any rights not expressly granted herein are
reserved.
COPYRIGHT
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion, and other matters
related to the PartnerCentric website are protected under
applicable copyrights, trademarks, and other proprietary
(including but not limited to intellectual property) rights
as a collective work and/or compilation, pursuant to
international conventions and U.S. and other copyright laws.
You will abide by any and all additional copyright notices,
information, or restrictions contained in any content on our
site. Unless otherwise prohibited from doing so, you may
download and make one (1) copy of the content and other
downloadable items displayed on the PartnerCentric website
for your personal, noncommercial use only, provided that you
maintain all copyright and other notices contained in such
content. Any copying, republication, or redistribution of
PartnerCentric website content, including by caching,
framing, or similar means, is expressly prohibited without
the prior written consent of PartnerCentric and/or the
respective intellectual property rights holder identified in
the subject content. PartnerCentric.com respects the
intellectual property rights of others and expects our users
to do the same.
Privacy Policy
Our Privacy Policy is as an extension of
our commitment to combine the highest-quality service with
the highest level of integrity in dealing with our visitors,
affiliates, merchants and partners. It is designed not only
to assist you in understanding how we collect, use and
safeguard the personal information you provide to us, but
also to help you in making informed decisions when using our
site and our products and services. This Privacy Policy will
be continually assessed against new technologies, business
practices and our customers' needs.
Please read this Privacy Policy carefully since by visiting
our site and sharing information with one us, you agree to
be bound by the terms and conditions of this Privacy Policy
unless you offer different terms which are accepted by
PartnerCentric, Inc. in writing. PartnerCentric may find it
necessary to update this Privacy Policy from time to time,
and any changes will be posted to this page. When we do, we
will post changes on this page so that you are always aware
of the information we collect and how we use it. As a
visitor of our web site, it is your responsibility to stay
abreast of our Privacy Policy by checking this page often.
The Information We Collect
Our site promotes and facilitates limited business
relationships between our merchant partners and our
affiliate partners. Therefore the only information we
collect involves information the user willingly provides for
the purpose of entering into business relationships with our
partners. Your personally identifiable information is
collected when you contact one of our partners in response
to a PartnerCentric advertisement or online registration
form. Under no circumstances does PartnerCentric request or
collect sensitive information such as a site visitor's
medical history or conditions, racial or ethnicity,
political, religious or philosophical beliefs, trade union
membership, etc.
PartnerCentric collects personally identifiable information
from all of our merchant / advertiser and affiliate /
publisher partners as a matter of course. The collection of
this information is a part of our normal business practices.
Advertisers or their representatives will be asked to
provide personally identifiable data, including name,
address, phone number, email address, and social security
number, tax ID number, etc. PartnerCentric will never
request or collect data from a partner on subject areas
including medical/health conditions; racial or ethnic
origin; political, religious or philosophical beliefs or
affiliations; trade union membership or sex life.
Cookies
PartnerCentric and its partners often employ cookie
technology to track activity on this site in order to
enhance our online offerings and in order to ensure that
partners get credit for the promotions they undertake on our
partners' behalf. Cookies are small data files commonly used
on the Internet to help personalize the Internet experience
and identify repeat site visitors.
We do not use cookies to collect site visitors' names,
physical addresses, email addresses, phone numbers, credit
card numbers, social security numbers or any other
personally identifiable information.
In some cases, PartnerCentric collects email addresses of
Internet users, only in circumstances where the visitor
voluntarily provided his or her identity and contact
information through the site for the purpose of receiving
special communications such as newsletters or special
information such as datafeeds, etc.
A note about children's privacy
In compliance with the Children's Online Privacy Protection
Act of 1998, no one under 13 years of age can use the
website. If you are a minor between the ages of 13 and 18,
you may use the site only in conjunction with your parent,
legal guardian, or other responsible adult. We urge
supervising adults to actively oversee minors' online use.
Spam
PartnerCentric follows a best-practices approach to e-mail
communication with our partners. PartnerCentric therefore
practices full compliance with the CAN-SPAM Act of 2003. It
is our policy to prohibit the sending of unsolicited or
"Spam" e-mail by PartnerCentric and any of our partners.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS
SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY
AND OUR TERMS AND CONDITIONS (INCLUDING LIMITATIONS ON
DAMAGES, AND ARBITRATION OF DISPUTES). YOU AGREE THAT
PARTNERCENTRIC'S LIABILITY FOR ANY BREACH OF THIS PRIVACY
POLICY SHALL BE LIMITED TO THE GREATER OF THE VALUE OF THE
TRANSACTIONS OR SERVICES PROVIDED TO YOU BY PARTNERCENTRIC
OR $250 TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY
OUR TERMS AND CONDITIONS. You also agree that you have
provided notice to, and obtained consent from, any third
party individuals whose personal data you supply to
PartnerCentric with regard to: (a) the purposes for which
such third party's personal data has been collected; (b) the
intended recipients or categories of recipients of the third
party's personal data; (c) which of the third party's data
are obligatory and which data, if any, are voluntary; and
(d) how the third party can access and, if necessary,
rectify the data held about them. It is the express will of
the parties that this agreement and all related documents
have been drawn up in English.
Contact Us
If you have questions or concerns regarding our Privacy
Policy, please contact us at
info@partnercentric.com.
Updated Sept. 15, 2006
PartnerCentric, Inc.
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