Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
Please review the following terms carefully. By using this site (the “Site”) or any related services, you (“you” or the “End User”) are agreeing to these terms and conditions, as well as our (Qnanza LLC and AdzZoo LLC, collectively “Qnanza”) Privacy Policy (published at http://www.qnanza.com) and incorporated here by reference), and all of these terms will govern your use of the Site. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site and/or the company or organization on whose behalf that person accesses the Site.
I.TERMS OF USE
1. General.
The Site provides an online service operated by Qnanza, Inc. on the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Qnanza, affiliates of Qnanza or merchants (“Merchants”) offering coupons and other certificates for sale (“Coupons”) which may be exchanged for goods/services by the 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, sometimes there are interruptions in service or events that are beyond the control of Qnanza, and Qnanza shall not be responsible for any data lost while transmitting information on the Internet. The Site may be unavailable, interrupted, suspended or terminated from time to time for any reason including, without limitation, routine maintenance.
Qnanza 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, equipment needed for access or use, the dissemination any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
Qnanza reserves the right at all times to discontinue or modify any of our Terms and Conditions of Use and/or our Privacy Policy as we deem necessary or desirable. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that these changes will not apply to Coupons purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Coupons purchased after the posting of such notice. Therefore, you should re-read these Terms and Conditions 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.
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. Qnanza 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 now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Subsites”) are private property. All interactions on this Site and/or the Subsites 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 Subsites 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 Qnanza’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Qnanza’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Subsites is strictly prohibited. End User shall not use this Site or any of the Subsites 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 Subsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Qnanza.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Qnanza, 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. Copyright and Trademarks.
Everything located on or in this Site, including the Subsites, is the exclusive property of Qnanza, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE SUBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF QNANZA, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Subsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Qnanza or the copyright owner is permitted. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Subsite otherwise owned or operated in conjunction with Qnanza shall not be deemed to be in the public domain but rather the exclusive property of Qnanza, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Qnanza unless otherwise stated.
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. Qnanza 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 or any Subsite, End User warrants that the owner of such material has expressly granted Qnanza 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 Qnanza the right to edit, copy, publish and distribute any material made available on this Site or any Subsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Qnanza, 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.
6. Copyright Policy.
Qnanza reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon notification to Qnanza by the copyright owner or the copyright owner’s legal agent.
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SUBSITES IS AT END USER’S SOLE RISK. NEITHER QNANZA, 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 COUPONS PROVIDED THROUGH THIS SITE OR THE SUBSITES.
THIS SITE AND THE SUBSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. QNANZA 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.
8. Limitation of Liability.
IN NO EVENT SHALL QNANZA, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL QNANZA’S LIABILITY IN CONNECTION WITH A QNANZA EXCEED THE AMOUNTS PAID FOR SUCH QNANZA, 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.
9. Monitoring.
Qnanza shall have the right, but not the obligation, to monitor the content of the Site and any Subsites 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 Qnanza, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Qnanza shall have the right, but not the obligation, to remove any material that Qnanza, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Qnanza does not control or endorse the content, messages or information found in any Community, and, therefore, Qnanza specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to Qnanza (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Qnanza as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants Qnanza the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Qnanza’s Privacy Policy.
11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Qnanza 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. \
12. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless Qnanza, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Subsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Subsites. To the extent permitted under applicable laws, End User hereby releases Qnanza from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Coupon, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) 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.”
13. Termination.
Qnanza may terminate this Agreement at any time. Without limiting the foregoing, Qnanza 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 Qnanza, 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, 7, 10, 11, and 12 will survive termination of this Agreement.”
14. Trademarks.
Qnanza is a trademark of Qnanza, LLC All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Qnanza are the property of their respective owners.
15. Third-Party Content.
Qnanza is a distributor of content supplied by third parties and End Users. 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 distributor(s) and not of Qnanza.
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 Qnanza. Qnanza neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Qnanza by anyone other than authorized Qnanza employee spokespersons while acting in official capacities. Under no circumstances will Qnanza be liable for any loss or damage caused by an end user’s reliance on information obtained through Qnanza. 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 Qnanza.
Qnanza contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Qnanza of the contents on such third-party sites, and Qnanza hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Qnanza expressly permitting you to do so, you may not provide a hyperlink to the Site or any Subsite from any other website. Qnanza reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Miscellaneous.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Qnanza established by Qnanza, 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.
17. Arbitration.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Qnanza arising out of, relating to, or connected in any way with this Agreement, this Site, or any Subsite, or the purchase or sale of any Coupon(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 Qnanza; (3) the arbitrator shall apply Delaware 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 Qnanza’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) the costs and expenses of arbitration, including the legal fees of the prevailing party will be award to the prevalining party in addition to any other awards awarded by the arbitrator; 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 Qnanza 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.
18. Disclosures.
For Florida residents purchasing Coupons 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.
II.TERMS OF SALE
All Coupons printed from the Site or any Subsite, or any other website associated with Qnanza (hereinafter “Coupons”) are promotional Coupons that may be purchased from participating merchants (“Merchants”) through Qnanza to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Coupon from a Merchant through Qnanza, you make an offer to purchase the Coupons 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 Coupon. 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 Coupon.
The Coupon you purchase through Qnanza is redeemable for goods or services by the Merchant. The Merchant, not Qnanza, is the seller of the Coupon and the goods and services and is solely responsible for redeeming any Coupon you purchase. Qnanza sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Coupons.
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 Coupons.
Redemption frequency is determined by Restaurants, and shall be contained in the Coupon offer on the Site.
Use of Restaurant-Specific Coupons for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law Coupons cannot be combined with any other restaurant Coupons, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant. Restaurant-Specific Coupons 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 Qnanza nor the Restaurant is responsible for lost or stolen Coupons or restaurant Coupon reference numbers. Reproduction, sale or trade of a Restaurant-Specific Coupon is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Coupon void. Void to the extent prohibited by law. If you redeem the Coupon 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 Coupon exceeds the amount you redeemed. For example, if you paid $20 for a Coupon 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 Coupon.
All purchases of Coupons for Restaurants may have statutory limitations on the amount of the Coupon value that can be redeemed for alcoholic beverages.
2. Terms and Conditions for Non-Restaurant Merchant Coupons
Merchant Coupon may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges. Limit one (1) Coupon per redemption. Only one Coupon 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 Qnanza nor the Merchant is responsible for lost or stolen Coupons or Coupon’s reference number.
Coupon cannot be combined with any other Coupons, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Reproduction, sale or trade of this Coupon is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these terms and conditions will render the Coupon null and void. Void to the extent prohibited by law.
If you redeem the Coupon 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 Coupon exceeds the amount you redeemed.
3. Additional Terms and Conditions for All Qnanza Coupons.
All Coupons shall be subject to the terms and conditions of Qnanza 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 Coupon is the Restaurant.
The holder and issuer of a Merchant Coupon is the Merchant. As a holder and issuer of the Coupon, 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 Coupons or portions thereof. You waive, and release Qnanza 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 Coupon 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 Coupons or any portion thereof. Restaurant-Specific Coupons and Merchant Coupons 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 Coupon for the cash value based on the money you actually paid for your Coupon for a period of time that extends beyond the expiration date on the Coupon. While the expiration date on the Coupon dictates the last date that you can use your Coupon at Merchant for the promotional offer stated, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Coupon for a period of time beyond the expiration date stated on the Coupon. In other words, you should be allowed to redeem the cash value (or purchase price) of your Coupon up until the greater of: (1) the Coupon’s expiration date; or (2) the minimum length of time allowed by applicable law for a Coupon to expire. In the event that you have an expired Coupon and would like to redeem it for the price you paid to acquire it, please contact the Merchant. 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 Coupon, and if applicable law entitles you to such redemption, then please contact Qnanza [explaining your situation in writing]. Qnanza, upon receiving the proper documentation from you will refund the purchase price of the Coupon in either U.S. Dollars or credit for purchases of future Coupons from Qnanza.