Terms and Conditions
LKN Savings.com
Terms and Conditions of Use
(Last Updated July 3, 2012)
Thank you for your interest in LKN Savings.com and welcome to our website (the “Site”). In order to use the Site and access the Services presented, you must agree to the terms and conditions of use set forth below (hereinafter, the “Terms of Use”). The Terms of Use are important, are binding upon you, and set forth various legal disclosures related to accessing and using the Site, as well as certain terms and conditions regarding the acquisition or other use of the goods and services marketed or otherwise made available through the Site (the “Services”).
ACCEPTANCE OF TERMS OF USE
Bellamara, LLC, a North Carolina limited liability company (hereinafter, “Bellamara,” “we,” “us,” or “our”) owns and operates this website, http://www.LKNSavings.com, and other applications related thereto and the mobile and touch versions thereof, such as our RSS Feed, Email Newsletter, and our presence on Facebook, Twitter, YouTube, and any individual sites or merchant-specific, city-specific, or other area-specific sites related thereto which we have now or may have in the future (collectively, the “Site”). By using our Site and our Services available through the Site, you (“you,” “your,” or “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any other websites or pages for which the Site may contain hyperlinks (“Microsites”), as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY LKN SAVINGS SERVICE OFFERED THROUGH THE SITE.
The design, appearance, graphics, content and information on this Site, as well as the infrastructure used to provide both, is proprietary to Bellamara or to the Merchants whose services and/or products appear on, or are accessible through, the Site. You agree that you shall not copy, reproduce, publish, license, alter, modify, display, transmit, distribute, perform, create derivative works from, transfer, sell or re-sell any image, artwork, mark, trademark, service mark, trade name, logo, text, copyrighted material, data, information, software, products or services displayed on or obtained from, by or through the Site.
We exercise reasonable efforts to keep the Site accessible and operational. However, you understand, acknowledge and agree that the Site may be unavailable at any time and from time to time for any reason whatsoever, both within and outside of our control, including, but not limited to, routine or extraordinary maintenance and repair, equipment failure, overload of server capacity, revision, addition or removal of Site content, electrical disruption or outage, and interruption or disruption of internet service or accessibility.
We further reserve and retain the unencumbered and unqualified right at all times and in our sole and absolute discretion to shut down and discontinue the Site and the Services, and to deny or terminate access to or use of the Site by anyone, anytime and for any reason not inconsistent with applicable law. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
3. Our Services
Our services (the “Services”) consist of being an online information provider featuring a community events calendar and highlighting coupons, sales, discounts, promotions and events made available by local businesses (the "Merchants”) to the purchasing public related to the marketing and sale of the Merchants’ goods and services. The Services also include the opportunity for you to purchase special Deals (as described below) for the Merchants’ products and services. The Services are made available through the Site.
4. “Deal of the Day” Specific Terms of Sale
General Terms.
Bellamara provides consumers with opportunities to purchase products and services through the Site from third party merchants ("Merchants") with a time-limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotional programs in order to reach LKNSavings.com end users. Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in these Terms of Use, except to the extent such terms are prohibited by applicable law.
Deals you purchase through our Site are special promotional offers that you purchase from participating Merchants through our Service. Vouchers for Deals are redeemable at a Merchant’s place of business by an End User for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Deal Voucher. By purchasing a Deal, a customer acquires the right to print a Deal Voucher issued by the participating Merchant and to use the Deal Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Deal Voucher is within your sole control and at your sole discretion. The Merchant is solely responsible for redeeming the Deal Voucher. The Merchant is the issuer of the Deal 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 Deal Voucher or not. You waive and release Bellamara, its affiliates, and their respective owners, officers, directors, managers, employees, and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your purchase of a Deal or your use or redemption of a Deal Voucher or the services/goods it provides in connection with it, and agree to defend, indemnify and hold harmless Bellamara therefrom.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Deal Voucher, you agree to these Terms of Sale and the terms, conditions, requirements and rules on the Deal Voucher itself and any additional, deal-specific terms advertising the Deal at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all Deals that we make available, unless a particular Deal or Deal Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Deal or Deal Voucher’s fine print, the Deal or Deal Voucher’s fine print will control.
Purchasing a Deal.
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the cost of the Deal. NOTE: IF YOU DO NOT RECEIVE A CONFIRMATION EMAIL, IT LIKELY MEANS THAT YOUR PURCHASE WAS NOT CORRECTLY PROCESSED. IN SUCH AN EVENT, PLEASE CONTACT US AT LKN@LKNSAVINGS.COM IMMEDIATELY so that we can look into the problem. Within two (2) business days, you will receive a Deal Voucher in Your LKN Account that can be printed and used to obtain the Deal from the issuing Merchant upon the terms, restrictions and conditions associated with the Deal.
Expiration Dates and Refunds.
To the fullest extent permitted by law, a Deal shall expire and the Deal Voucher associated therewith shall be null, void and of no further force and effect as of the expiration date printed on the Deal Voucher. Provided, however, to the extent that a Deal Voucher may be deemed to be a "general-use prepaid card," "gift certificate," or "store gift card" under 15 U.S.C.S. §16931-l(a), such Deal Voucher shall not expire in any event before that date which is five (5) years after the date on which the gift certificate was issued, or the date on which card funds were last loaded to a store gift card or general-use prepaid card, and shall not expire at any time unless the expiration date is clearly and conspicuously stated on the Deal Voucher. See 15 U.S.C.S. §16931-l(c).
Deals have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the Deal. For example, if you pay $20 for a Deal that gets you $50 of goods or services from a Merchant, the full offer value is $50, the amount paid is $20 (this amount does not expire for five years from date of purchase or is refunded by the Merchant), and the promotional value is $30 (this amount expires on the date stated on the Deal Voucher unless expiration of the promotional value is prohibited by law).
Bellamara merely promotes the availability and terms of a Deal. The Merchant offering the Deal is the sole seller and issuer of the Deal under N.C.G.S. §66-67.5, is the sole provider of goods and services related to the Deal, is the only place at which or person or entity to which a Deal Voucher may be presented to attain the benefit of the Deal, and is the sole source from which any redemption or refund of all or any portion of the amount paid, promotional value or full offer value of a Deal may be had.
All Merchants offering Deals through the Site are located in the State of North Carolina and, except as may be modified or superseded by applicable laws of the United States of America governing the same subject matter, North Carolina law shall apply regarding the use, expiration and redemption of Deals and Deal Vouchers. The Merchant is obligated to honor the Deal and permit redemption of the Deal Voucher in compliance with applicable law. Irrespective of any expiration date, whether expressly stated or implied by law, End Users are encouraged to use the Deal by presenting the Deal Voucher at the Merchant’s place of business within a reasonable time immediately following purchase of the Deal. As noted above, Bellamara is not responsible or obligated to redeem any Deal Voucher or refund any sum paid for a Deal regarding a Merchant who is no longer doing business at the time the End User attempts to present the Deal Voucher.
Other Terms.
Unless otherwise expressly stated to the contrary in the Deal Voucher, the following additional terms apply to all Deals and Deal Vouchers:
(a) Except as expressly required by law, Deal Vouchers have no cash value;
(b) No cash back will be issued for partial redemption of a Deal Voucher;
(c) Issuance of credit when Deal Vouchers are redeemed for less than the face value is at the sole discretion of the Merchant;
(d) Use of a Deal Voucher for alcoholic beverages is at the sole discretion of the Merchant, unless otherwise noted on the Deal Voucher;
(e) Deal Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Deal Voucher;
(f) Deal Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;
(g) Neither Bellamara nor the Merchant is responsible for lost or stolen Deal Vouchers or Deal Voucher reference numbers;
(h) Duplicate use, sale or trade of a Deal Voucher is strictly prohibited; and
(i) Unless otherwise stated at the time a Deal Voucher is purchased, the Deal Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Deal Voucher.
Refunds.
Bellamara will provide a refund of the purchase price paid by you for any Deal within three (3) calendar days after the purchase of a Deal, provided that the Deal Voucher associated with the Deal has not yet been redeemed. After the aforementioned three (3) days, we do not provide refunds on Deals or otherwise redeem Deal Vouchers for cash, goods or services for any reason.
5. Conditional Use Terms
In addition to the other Terms of Use, your permission to use the Site and access the Services is conditioned upon your agreement that you:
(a) are individual person of legal age, capacity and authority to form a binding contract [You must be at least 18 years old to be eligible to use the Site or purchase a Deal.]
(b) will comply with the Terms of Use;
(c) will provide accurate, true, current and complete information as requested when registering for or using the Site or the Services, including, without limitation, information provided to purchase a Deal, subscribe to our Newsletter, or use other Services through the Site;
(d) will only provide information about yourself;
(e) will only make legitimate purchases that comply with the letter and the spirit of the pertinent offer or Deal;
(f) will make purchases only for your personal use and enjoyment, or, when offered, as a gift, and not for commercial or re-sale purposes; and
(g) will safeguard any password you create or are provided and will supervise and monitor the use of your account, recognizing that you are responsible for your own use of the Site and for the use of your account by anyone accessing same.
6. Transmission of Information
We do not control the security of the Internet or other networks or services you use to access the Site or to communicate with us, and we do not own, maintain or operate, and are not responsible for the content, operations, security or accessibility of, Microsites or other websites or locations owned, operated, maintained or controlled by Merchants or other third parties which may be accessible by hyperlink or otherwise through the Site. You acknowledge and understand that we are not responsible for the security of information that you choose to communicate with us, the Site, Microsites or Merchants while it is being transmitted, and are not responsible for any data lost during transmission.
Credit card information provided in connection with the purchase of a Deal is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the applicable Merchant for the Merchant’s commercial purposes, including, but not limited to, provision of the Deal. Our Privacy Policy further explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in these terms of Use by reference. For full details, please refer to our Privacy Policy at http://lknsavings.com/privacy_statement.htm.
8. Your Conduct on our Site
The Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), is unlawful, indecent, disruptive, inappropriate, violates the Terms of Use, or restricts or inhibits any other End User from using or enjoying any part of this Site, we may terminate or limit your privileges on the Site and seek other remedies as may be available to us at law or in equity, including, but not limited to, seeking money damages or injunctive relief and the recovery of our costs, expenses and fees, to include, without limitation, our reasonable attorneys’ fees. In addition to any other conduct that we may determine justifies termination or modification of your privilege to use or access the Site, you specifically agree that, as a condition of your ability to access or use the Site, you shall not:
(a) Intentionally submit any inaccurate information, commit fraud or falsify information in connection with your use of the Site, the Services, a Deal, or the purchase of goods and services from a Merchant;
(b) Create or attempt to create multiple accounts;
(c) Access or attempt to access data or information not intended for you;
(d) Log into, or attempt to log into, a server or an account which you are not authorized to access;
(e) Scan or attempt to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
(f) Tamper or interfere with the proper functioning of any part, page or area of the Site and any and all functions and services provided by us or by any Merchant;
(g) Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
(h) Attempt to interfere with or monitor service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding,” “spamming,” “phishing,” inserting “spyware,” “worms,” “Trojan horses” or other malicious code into, “mail bombing” or “crashing” the Site or the website of any Merchant;
(i) Use the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Bellamara or LKNSavings.com;
(j) Resell or repurpose your access to the Site or any purchases made through the Site;
(k) Use the Site or any of its resources to solicit Site End Users, Merchants or other business partners of LKNSavings.com to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with LKNSavings.com, including without limitation, aggregating current or previously offered deals;
(l) Use any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
(m) Exceed or attempt to exceed quantity limits when purchasing Deals or otherwise using any LKNSavings.com account to purchase Deal Vouchers or Deals for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
(n) Access, monitor or copy any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(o) Violate the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
(p) Take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
(q) Aggregate any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
(r) Deep-link to any portion of this Site (including, without limitation, the purchase path for any Deal Voucher) without our express written permission;
(s) Act illegally or maliciously against the business interests or reputation of Bellamara, LKNSavings.com, our Merchants or our Services; or
(t) Hyperlink to the Site from any other website without our initial and ongoing consent.
(u) conduct or promote any illegal activities while using the Site or Services;
(v) upload, distribute or print anything that may be harmful to minors;
(w) use the Site or Services to generate unsolicited email advertisements or spam; or
(x) impersonate another user.
9. Rules Regarding Information and Other Content
When you use the Site, you can obtain access to various kinds of information and materials, all of which we call "Content." You agree not use any Content in any manner that:
(a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
(b) violates the privacy, publicity, or other rights of third parties;
(c) is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Bellamara in its sole discretion;
(d) is false or inaccurate; or
(e) could damage Bellamara, its parent company, sister companies, affiliates, owners, advertisers, Merchants or other parties.
You may use the Site and Services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
10. Equipment
You are 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. We are not liable for any damages to your equipment resulting from the use of this Site.
11. Links to Third Party Content
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. Bellamara, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Bellamara has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Merchants or End Users are those of the respective author(s) or distributor(s) and not of Bellamara, its employees, owners, officers, agents or affiliates. Bellamara neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized Bellamara officials. Under no circumstances will Bellamara be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. 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 the Site.
We do not have control over websites to which our Site may link. Additionally, we cannot and will not censor or edit the content of any third-party website. By using LKNSavings.com, you expressly relieve us from any and all liability arising from your use of or access to any third-party website. There may be sections on the Site that are hosted by various third parties. Some of these sections may maintain the look and feel of our Site or a segment of our Site, and sometimes it may not be evident when a user is on one of these sections. These pages are governed by the third-party’s privacy policy and terms and conditions of use.
12. Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to amend, revise, supplement or terminate these Terms of Use or any part thereof at any time in our sole discretion and without prior notice to you. If you violate the Terms of Use, you will immediately cease access to the Site and Services.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER BELLAMARA, 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 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, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR DEAL VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BELLAMARA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL BELLAMARA, ITS AFFILIATES, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER ECONOMIC DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL BELLAMARA’S LIABILITY IN CONNECTION WITH A DEAL VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH DEAL VOUCHER, PRODUCT OR SERVICE. THE TOTAL AGGREGATE LIABILITY OF BELLAMARA ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE SIX MONTHS NEXT PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Bellamara, its affiliates, and their respective owners, officers, directors, managers, employees and agents 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 Deal Voucher or Deal, and any conduct or speech, whether online or offline, of any other End User.
You agree to defend, indemnify and hold harmless Bellamara, its affiliates, and their respective owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from or related to: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) any products or services purchased by you in connection with the Site; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that any Content submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
16. Arbitration.
We will make every reasonable effort to resolve any disagreements that you have with Bellamara regarding the Site and the Services. If those efforts fail, by using the Site you agree that any claim, dispute, or controversy you may have against Bellamara arising out of, relating to, or connected in any way with these Terms of Use, this Site, the Services, or the purchase or sale of any Deals or Deal Voucher(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”). You agree further that: (a) 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 you), or at such other location as may be mutually agreed upon by you and Bellamara ; (b) the arbitrator shall apply the laws of the State of North Carolina 9without regard to its conflicts of law provisions) consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Bellamara’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bellamara will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) 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 (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Bellamara shall be entitled to arbitrate their dispute.
17. Monitoring & Reservation of Rights and Release
Bellamara shall have the right, but not the obligation, to monitor the content of the Site, including any forums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use and any operating rules established by Bellamara, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Bellamara shall have the right, but not the obligation, to remove any material that Bellamara, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Bellamara reserves the right, but has no obligation, to monitor, or take any action Bellamara deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code §1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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."
18. End User Communications/Public Nature of Statements/Grant of License
Bellamara may, in some instances, allow you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Bellamara shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Bellamara, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Bellamara shall have the right, but not the obligation, to remove any material from the Communities that Bellamara, in its sole and absolute discretion, finds to be in violation of these Terms of Use or otherwise objectionable.
Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Bellamara, its affiliates, or their respective owners, managers, agents, or employees. You understand and agree that all Statements are public and not private. Any other person (whether or not a user of the Site) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Bellamara does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
By posting Statements or other information on or through the Communities, you grant Bellamara a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements 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. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
19. Intellectual Property/Copyright Policy/Digital Millennium Copyright Act (DMCA) Procedures.
Everything located on or in this Site is the exclusive property of Bellamara or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BELLAMARA IS STRICTLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains 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. Bellamara owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download, print, and/or save copyrighted material for your 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 Bellamara or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
“LKNSavings” and “LKNSavings.com” are trademarks of Bellamara, LLC. Those trademarks, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with LKNSavings.com shall not be deemed to be in the public domain but rather the exclusive property of Bellamara, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Bellamara unless otherwise stated.
You will 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. Bellamara does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will 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, you warrant that the owner of such material has expressly granted Bellamara 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. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Bellamara the right to edit, copy, publish and distribute any material that you make available on this Site.
Bellamara reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Bellamara with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Bellamara’s DMCA Agent for notice of claims of copyright infringement is:
Bellamara, LLC
Attn: Copyright Agent
P.O. Box 396
Davidson, NC 28036
20. Electronic Communications
The communications between you and us use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in the form of a paper writing. The foregoing does not affect your non-waivable rights.
21. General Terms
These Terms of Use, together with the Privacy Policy at http://lknsavings.com/privacy_statement.html and any other legal notices published by us on the Site or any Deal Voucher, shall constitute the entire agreement between you and us concerning the Site and the Services. We may change these Terms of Use at any time and from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Terms of Use indicates that you agree to such modified Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Bellamara’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical authorized signature of a manager of Bellamara. No purported waiver or modification of this Agreement by Bellamara via telephonic or email communications shall be valid. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. No waiver by either you or LKN Savings of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement.
You and we are independent contractors, and nothing in these terms of use or appearing elsewhere on the Site creates any partnership, agency, joint venture, agency or employment relationship between you and us. There are no third-party beneficiaries of these Terms of Use. You may not assign your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Our rights hereunder will survive any termination of these terms of Use. You represent that you are legally able to accept these Terms of Use. You affirm that you are either more than eighteen (18) years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with all terms and conditions hereof. The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Bellamara may terminate these Terms of Use at any time. Without limiting the foregoing, Bellamara shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Bellamara considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or the Services shall be governed by the internal laws of the State of North Carolina, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.
You are contracting with Bellamara, LLC, a North Carolina limited liability company with its principal office and place of business located in Mecklenburg County, North Carolina. Correspondence should be directed to: Bellamara, LLC, P.O. Box 396, Davidson, NC 28036.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to and are for the benefit of Bellamara, its 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.