PromotingPays.com

PROMOTINGPAYS.COM TERMS OF USE

January 2018

This website and the services of PromotingPays.com and its affiliates ("Services") are offered to you under the following terms ("Terms and Conditions") and your electronic execution of one or more subscription agreement(s) specific to the services you provide (“Subscription Agreement”). In the event you do not execute an applicable subscription agreement, you will not be issued login credentials to the website and your access to the website will be limited to publicly available pages. If you have any questions regarding these Terms & Conditions, you may contact us at www.PromotingPays.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on January 15, 2018.

Introduction
After electronically executing an applicable Subscription Agreement PromotingPays.com will issue you login credentials that will enable to access sections of the website restricted by the terms of your subscription agreement. Publicly available pages provide general information regarding the services offered by PromotingPays.com. These services may change from time to time.


Services
For promoters, PromotingPays.com will make available to you of certain offers provided by a merchant. Such offers are made solely by the merchant and we make no guarantees or warranties regarding such offers. For merchants, PromotingPays.com will make your offers and promotions available to promoters. We do NOT promise that promoters’ activity will result in any sales of such offers and promotions. Disputes between a merchant and a promoter regarding the quality of products or services shall be resolved separately by the merchant and promoter. PromotingPays.com shall not be a party to such dispute. AN AGGREIEVED PARTY HEREBY AGREES TO RELEASE PromotingPays.com (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


Prohibited Uses
Merchants acknowledge and agree that all offers it lists on the website are lawful, real and not fictitious and they will act in good faith to promptly fulfill all accepted offers listed on PromotingPays.com. Promoters acknowledge and agree that they will use reasonable commercial efforts to promote offers made by merchants. Both merchants and promoters agree that they will not use the website in any manner prohibited by law or intended to harass the other party. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to PromotingPays.com for any such damages, and will indemnify PromotingPays.com in the event of any claims against PromotingPays.com based on or arising from your violation of the foregoing. If we determine or suspect that you are misusing or attempting to misuse or circumvent our services or system, or are using or attempting to use them for any inappropriate purpose, we reserve the right, in our sole discretion, to immediately terminate your access without notice and to initiate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.


Links to Third Party Sites
The links in the PromotingPays.com or apps may redirect you to third party websites. The linked sites are not under our control and we are not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites.


General Provisions
You acknowledge and agree that the PromotingPays.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of our services is that you are free to discontinue your use of the our services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PromotingPays.com EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT PromotingPays.com SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PromotingPays.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey. You agree to submit to jurisdiction in New Jersey and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court with jurisdiction over Manalapan, NJ. These Terms and Conditions constitute the entire agreement between you and PromotingPays.com and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.