February 26, 2014
Welcome to Getconquer.com. Getconquer.com is an online entertainment service with an integrated shopping solution. It is owned and operated by Conquer Entertainment, Inc. ("Conquer" "we" "us" and "our"). The Site includes any Conquer-branded URL (including,without limitation, www.getconquer.com), the Conquer Shopping Cart, and any other features (for example, music and video embedded players), content, or applications offered from time to time by Conquer in connection with Getconquer.com (collectively,the "Site"). The Site is hosted in the United States.
We work closely with Market America, Inc. ("Market America"), SHOP.com Marketplace, Inc., Shop MA, Inc., Live Enterprise, LLC, and Market America Worldwide, Inc. and its subsidiaries ("Affiliates").
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
1. Binding Effect/Users. These Terms of Participation ("Terms") set forth the legally binding terms for your Use of the Site. "Use" of or "Using" the Site includes browsing, using or accessing all or any part of the Site. Your Use of the Site signifies that you have read, understand and agree to be bound by these Terms, whether you are a "Visitor" (which means that you Use the Site without being registered) or a "Registered User" (which means that you have registered with Getconquer.com). The term "User" refers to a Visitor or a Registered User. You are only authorized to Use the Site (regardless of whether your Use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue Use of the Site immediately. To become a Registered User you must indicate your acceptance of these Terms during the registration process.
2. Other Policies/Terms. All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms. Further, in order to Use certain parts of the Site you may be required to agree to additional terms. All such additional terms are hereby incorporated into these Terms.
3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on this page. Each such modification shall be effective upon posting. Your continued Use of the Site after Conquer posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
4. Eligibility. Being a Registered User of Conquer ("Registration") is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit is truthful, accurate, current and complete;(b) you will update and maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your Use of the Site does not violate any applicable law or regulation. Your Registration may be terminated without notice, if we believe that you are less than 18 years of age.
5. Term. These Terms, including all posted modifications to these Terms, shall remain in full force and effect as long as you are a User of the Site.
6. Termination of Registration/Access. You may terminate your Registration at any time, by sending an e-mail indicating your desire to terminate to email@example.com. Conquer reserves the right, in its sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site at any time, for any reason or no reason at all, with or without notice or explanation,and without liability. Conquer expressly reserves the right to terminate your Registration and/or deny, restrict, suspend, or terminate your Use of all or any part of the Site if Conquer determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to Conquer and/or its Users. Even after Registration and/or access is terminated, these Terms will remain in effect.
7. Fees. Conquer reserves the right to charge fees for Use of any portion of the Site and to change its fees (if any) from time to time in its sole discretion. If Conquer terminates your Registration due to your violation of these Terms,you will not be entitled to a refund of any unused portion of fees (if any).
8. Password. When you register for Conquer you will create a password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify Conquer immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.
9. Proprietary Rights to Site Content.
9.1. Rights to Content and Software. All content available on the Site, including without limitation, designs, text, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, sound and other files, and their selection and arrangement (the "Site Content"), the Site, the Software and the Music Content are intellectual property protected by law. Except for the rights explicitly granted to you in these Terms, all right, title and interest in the Site, Site Content, Music Content and Software are reserved and retained by us, our Affiliates, our Music Content providers and our licensors. You do not acquire any ownership rights in the Software or Music Content. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, Use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Conquer's prior written permission.
9.2. License. If you are a current Registered User of Conquer, you are granted a limited, revocable license to Use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized Use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
9.3. Registered User Information. When you register with Conquer you will be asked to provide certain personal information which may include, without limitation, your name, address, telephone number, e-mail address, age, gender, corporate information, testimonial, credit or debit card information and date of birth ("Personal Information"). At the time of Registration or at some later time you may also provide additional information in your discretion, such as favorite bands, artists, songs, music genres and albums, interests, hobbies, lifestyle choices, groups with whom you are affiliated (ex., schools, companies), preferences for customizing your Conquer home page ("Discretionary Information"). All information you provide to Conquer (including Personal Information and Discretionary Information) is considered your Registered User Information, and you are solely responsible for all such information.
9.4. Right to Use Registered User Information. You authorize us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by Conquer or a Conquer partner or Affiliate or for other promotional or marketing purposes.
9.5. Copyright/Patent. All Site design, text, graphics, logos, button icons, images, photos, audio clips, video clips, Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by Conquer or its Affiliates or content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, "look and feel" and color schemes of all content on the Site are the exclusive property of Conquer and protected by U.S. and international copyright laws. All software used on the Site or provided for your Use in connection with the Site, the Service or Your Music, is the property of Conquer or its software suppliers and protected by United States and international copyright or patent laws. The contents of the Site are Copyright © 2012-2014 Conquer Entertainment, Inc. ALL RIGHTS RESERVED.
9.6. Trademarks. "Market America," the Market America logo, "Conquer™," "Chatterbox™," "Built on Product, Powered by People®," all MA product and service names and logos, UnFranchise®, and all other Conquer graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by Conquer are service marks, trade names, trademarks and/or trade dress of Conquer or its Affiliates or US or international partners (collectively the "Marks"). The Marks may not be used in connection with any product or service that is not offered by Conquer; nor may they be used in any manner that is likely, in the opinion of Conquer, to cause confusion or to disparage or discredit Conquer. All trademarks not owned by Conquer that appear on the Site are the property of their respective owners, who may or may not be Affiliates of, connected to, or sponsored by Conquer.
10.1. Music Content. The Site offers downloads of digitized versions of audio recordings, artist artwork that correlates to the audio recordings and information relating to such audio recordings, and other music-related content (collectively, "Music Content").
10.2. Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use, subject to these Terms.
10.3. Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 10.2 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. Music Content is available only to Users located in the United States.
10.4. Storage. When you purchase Music Content, you are directing us to store that Music Content in your Getconquer.com Locker.
10.5. All Sales Final. All sales of Music Content are final and risk of loss transfers upon sale. We do not accept returns of Music Content.
10.6. Time to Download/Failure to Download. You must download your Music Content within 8 hours of purchase. After 8 hours, your download link may expire. We have no liability or obligation to provide you with Music Content that you fail to download within 8 hours from purchase.
10.7. Explicit Content. We have no liability for Music Content you find to be offensive, indecent or objectionable.
10.8. Incorrect Music Content. In the unlikely event that your are provided the wrong song when you purchase Music Content from the Site and click the correct link to access the Music Content, we will, in our discretion, provide you with a refund or help you gain access to the correct song.
10.9. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in these Terms in no event will our or our Music Content providers' total liability to you for all damages arising from or relating in any way to the Music Content (including, without limitation, your use or download of the Music Content, your inability to use or download the Music Content, your inability to access the Music Content for any reason whatsoever) exceed the amount you paid to purchase the Music Content related to your claim for damages. These limitations will apply to the maximum extent permitted by applicable law, even if the remedies fail of their essential purpose.
11. Getconquer.com Music Storage Locker Service.
11.1. The Service. The Music Storage Locker Service (the "Service") provides free storage, retrieval, management and playback features and functionality for the Music Content you purchase from the Site ("Your Music"). By using the Service, you are directing us to store, manage and play music content you've purchased from the Site on your behalf.
11.2. Playing and Managing Your Music. You may use the Service only for personal, non-commercial use. You may only use the Service to store Music Content purchased through the Site. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Service, to store data not obtained directly from the Site or for any form of unlawful file sharing. You are solely responsible for Your Music and for complying with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Music is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
11.3. Getconquer.com Account. To use the Service, you must have a Getconquer.com account, and you may be required to be logged in to your account and have a valid payment method associated with it. You may only use the Service in connection with one Genconquer.com account.
11.4. Usage Restrictions. The Service is offered in the United States only. We may restrict access from other locations. If you exceed your Service storage limit you may no longer be able to access Your Music. We may impose other restrictions on use of the Service.
11.5. Our Use of Your Music. We may use, access and retain Your Music in order to provide the Service to you and to enforce these Terms, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Music for backup purposes and access Your Music to provide technical support.
11.6. No Guarantee of Security. We do not guarantee that Your Music will not be subject to misappropriation, loss or damage and we will not be liable if it is. You are responsible for maintaining appropriate security, protection and backup of Your Music.
11.7. Changes. We may change, suspend or discontinue the Service or any part of it at any time without notice. If Service is changed, suspended or discontinued, you may be unable to access Your Music, and you will not receive any refund of fees. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular Music Content.
11.8. Termination and Suspension. We may terminate these Terms or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Terms, is improper, substantially exceeds or differs from normal use by other Users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service is restricted, suspended or terminated, you may be unable to access Your Music and you will not receive any refund of fees. It is your responsibility to download and back up Your Music immediately upon purchase.
11.9. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability contained in these Terms, we have no liability for any loss, damage or misappropriation of Your Music or for any other consequences related to changes, restrictions, suspensions or termination of the Service or the Terms. These limitations will apply to the maximum extent permitted by applicable law, even if the remedies fail of their essential purpose.
12. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any Site Content, Music Content or Software infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can contact Conquer's designated Copyright Agent as follows: Ryan Luft, c/o Conquer Entertainment, Inc., 1302 Pleasant Ridge Road, Greensboro, North Carolina 27409, e-mail: RyanL@marketamerica.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Conquer's customer service department. You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Guilford County, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Conquer may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten to fourteen (10 to 14) business days or more after receipt of the counter-notice, at Conquer's sole discretion.
Conquer may in its sole discretion, but is not obligated to, provide online forms for the purposes of submitting the DMCA information outlined above.
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
13. Third Party Businesses. Parties other than Conquer sell products and services on the Site. For example, Alice.com offers clothing for sale through the Conquer Shopping Cart. In addition, we provide links to the sites of affiliated companies, resources, advertisements, published articles, journals, news, artist bios, reviews, and certain other third-party content and literature. You acknowledge and agree that Conquer has no control over the content of linked-to sites or the quality of the goods or services offered by third parties through the Site or through linked-to sites. You acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their Web sites. You acknowledge and agree that Conquer is not responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or content provided by, any third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through a linked-to Web site, through the Site, or otherwise.
14. Pricing. Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, a small number of items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Conquer or its Affiliates. Direct Partners and Linked-To Merchants (as defined below) may follow different policies in the event of a mispriced item.
15. Payment. When you purchase an item through the Site, you must provide a valid credit or debit card number.You represent and warrant that you are an authorized user of the credit or debit card.You are responsible for payment of all applicable federal, state/province, local and city taxes and for all shipping and handling charges.All applicable taxes and shipping and handling charges will be included on your order invoice.You understand that your card may be charged by Conquer or any of its Affiliates.
16. Conquer Return Policy. Conquer stands behind the quality of its products.Except as indicated below, a customer making a purchase from an Independent Shop Consultant through the Site has thirty (30) days after the sale to return products in unused condition and receive a full product refund, less shipping and handling, from the selling Independent Shop Consultant.If you pay for all or part of an order with a Gift Card, refunds for that order will be applied first to the Gift Card,up to the Gift Card amount used to pay for the order.Any remaining amount will be refunded to your credit card.PLEASE NOTE: Music, food items, toothpaste, custom products and gift cards cannot be returned for a refund for any reason (collectively the "Conquer Return Policy").The Conquer Return Policy applies to items sold and/or shipped by Conquer and its Affiliates only.It does not apply to items sold and/or shipped by Direct Partners or Linked-To Merchants (as defined below).
17. Conquer Shipping Policy. There is a minimum shipping & handling charge of $7.50 on orders less than $100.00. For orders over $100.00, there is a flat rate of at least 7.5% of the total order. These rates apply to standard ground shipping only (collectively the "Conquer Shipping Policy"). The Conquer Shipping Policy applies to items sold and/or shipped by Conquer and its Affiliates only. It does not apply to items sold and/or shipped by Direct Partners or Linked-To Merchants (as defined below).
18. Direct Partner and Linked-To Merchant Policies.
18.1. Direct Partner and Linked-To Merchant Return / Shipping Policies. "Direct Partners" are third parties that offer products and/or services on the Site. "Linked-To Merchants" are third parties that offer products and/or services from a third party Web site that is accessed through a link on the Site. "Direct Partner Products" are products and services that are offered for sale by Direct Partners on the Site and that are shipped by or on behalf of a Direct Partner."Linked-To Merchant Products" are products and services that are offered for sale by a Linked-To Merchant through the Linked-To Merchant's third party Web site. Direct Partner Products purchased through the Site are subject to each Direct Partner's individual Return and Shipping Policies. Return and Shipping Policies for each Direct Partner Product purchased by a customer through the Conquer Shopping Cart will be available for review by the customer during the customer's shopping process. All Linked-To Merchant Products are subject to the Linked-To Merchants individual Return and Shipping Policies, which are available on each Linked-To Merchant's third party Web site. Affiliates are not considered Direct Partners or Linked-To Merchants.
18.2. Other Linked-To Merchant Policies and Terms. In addition to the Return and Shipping Policies, all Linked-To Merchant Products are governed by terms and policies posted on the Linked-To Merchant's third party Web site.
19. Risk of Loss. The risk of loss and title for all items purchased from the Conquer Shopping Cart pass to you upon delivery of the items to the shipper. The risk of loss for Music Content transfers upon sale. It is your responsibility to download and back Your Music immediately after purchase.
20. Product / Service Descriptions. We make every attempt to provide you with accurate information, but we do not warrant or guarantee that product and service descriptions or other contents of the Site are accurate, complete, reliable, current,or error-free. If a product offered by Conquer or an Affiliate is not as described, your sole remedy is to return it to Conquer in unused condition for a refund, as set forth in the Conquer Return Policy. If a product or service offered by a Direct Partner or Linked-To Merchant is not as described, you have no remedy against Conquer. Your sole remedy will be against the offending Direct Partner or Linked-To Merchant.
22.1. Use of Software. We may make available to you, from time to time, software for your use in connection with the Site, the Service or Your Music (collectively, the "Software"). Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file), you may use the Software only in connection with the Site, the Service or Your Music and you may not (a) separate any individual component of the Software for use other than in connection with the Site, the Service or Your Music; (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; (c) transfer it for use with another site or service or with music not purchased from the Site; (d) use it, or any portion of it, over a network; (e) sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part; or (f)modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable or take other actions as needed to restrict access to or availability of the Software.
22.2. Updates. In order to keep your Software up-to-date, we may automatically provide you with updates/upgrades to the Software.
22.3. U.S. Export Controls. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S.Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under these Terms.
23.1. Users. Neither Conquer nor its Affiliates are responsible or liable, and make no warranties, express or implied, for the conduct of any User of the Site.
23.2. Third Party Web Sites. The Site contains links to third party Web sites. Conquer is not responsible or liable for the content, completeness, accuracy or opinions expressed on such Web sites. Inclusion of any linked Web site on the Site does not imply Conquer's approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party Web sites, you do so at your own risk.
23.3. Third Party Advertisements/Applications. Conquer is not responsible or liable for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
23.4. Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. Conquer assumes no responsibility or liability for any error, omission, interruption, deletion, defect,delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Conquer is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to User's or to any other person's computer, mobile phone or other equipment related to or resulting from Use of the Site. Under no circumstances shall Conquer be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from or relating to anyone's use of the Site, or the conduct of any User(s) of the Site.
23.5. DISCLAIMER OF WARRANTIES. THE SITE, MUSIC CONTENT AND SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND CONQUER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CONQUER DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. CONQUER DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS, MUSIC, MUSIC CONTENT OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT, MUSIC, MUSIC CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN OR USE CONTENT,MUSIC, MUSIC CONTENT, MATERIAL, DATA AND SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
24. LIMITATION OF LIABILITY. IN NO EVENT SHALL CONQUER OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, THE SITE CONTENT AND/OR THE MUSIC CONTENT EVEN IF CONQUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONQUER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO CONQUER FOR USE OF THE SITE ONLY, IF ANY, DURING THE TIME YOU ARE A REGISTERED USER OF GETCONQUER.COM. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO CONQUER FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CONQUER, REGARDLESS OF THE CAUSE OF ACTION. ADDITIONALLY, IN NO EVENT SHALL YOU BE ENTITLED TO INJUNCTIVE RELIEF OR DAMAGES OF ANY KIND FROM AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
25. Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions and any and all actions or proceedings arising out of or relating to these Terms or the Site, shall be instituted and litigated in Greensboro, Guilford County, North Carolina. You and Conquer hereby agree to submit to the exclusive jurisdiction of the courts located within Greensboro, Guilford County, North Carolina to resolve any dispute arising out of these Terms or the Site. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS,CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
26. Indemnity. You agree to indemnify and hold harmless Conquer and its Affiliates, and their respective representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability,claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the Use by you or any person of your Conquer account; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered User Information provided by you or any person through your account.
27. Other. These Terms are accepted upon your use of the Site and are further affirmed by you becoming a Registered User. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and Conquer regarding the Use of the Site. The failure of Conquer to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
28.1. If you are a Registered User of GetConquer.com, you are automatically enrolled in the Cashback program, which allows you to get 2% cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. The cash you earn can be used as a payment option to pay for products available through the checkout on the Site. Additionally, you may request redemptions from your account, subject to then-current minimum redemption requirements (currently USD$10.00).
28.2. Registered Users will be credited, subject to these Terms and additional terms disclosed on the Participating Store's site, a percentage of the Net Purchases of qualifying products sold by Affiliates and third-parties that display the Cashback logo ("Participating Stores"). "Net purchase" is defined as the total amount paid for the product, minus tax, gift wrapping, shipping and handling, promotional credits, returns, cancellations, and transaction fees. Conquer reserves the right,in its sole discretion, to determine which products will display the Cashback logo.
28.3. Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to Conquer if they determine that your purchase did not qualify for Cashback because you did not comply with these Terms or additional terms disclosed on the Participating Store's site, or if the Participating Store determines that you were not referred to the Participating Store by Conquer. We may also disqualify reported purchases based on our own determination that you have not complied with these Terms or the terms disclosed on the Participating Store's site.
28.4. Cashback rewards for qualifying Market America-branded products will post to your account immediately. Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns,refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as "available" in your account and the associated Cashback rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your account.
28.5. Conquer is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store's participation in the Cashback program, or for any effect on accrual of Cashback rewards caused by such changes, discontinuance, or withdrawal.If a Participating Store fails to report a transaction to Conquer, or withholds payment to Conquer for any reason, Conquer reserves the right to cancel the Cashback award associated with that transaction. Cashback rewards awarded to Registered Users are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by Market America in its sole discretion. Should you disagree with any adjustments made to your account,your sole remedy is to withdraw from the Cashback program.
28.6. You will not earn Cashback on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Registered User; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants, make any misrepresentation in connection with your participation in Cashback, maintain multiple accounts, or do not otherwise comply with these Terms.
28.7. Cashback rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of Cashback rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of Cashback rewards.
28.8. We may close your account if it has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed Cashback rewards in accounts that are closed will be returned to Conquer.
28.9. Conquer reserves the right to terminate the Cashback program at any time with notice. Notification of termination will be sent to the e-mail address you provide to Conquer during the User registration process.
Please contact us at: firstname.lastname@example.org with any questions about these Terms.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.