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TERMS OF USE AND CONDITIONS

Date Last Updated: May 4, 2011

ACCEPTANCE OF TERMS AND CONDITIONS:

This site (the "Site"), powered by Kostizi, Inc., in conjunction with one of our growing number of media partners, ("snrsweetdeals.newsreview.com") is subject to the terms and conditions of this agreement (the "Agreement"). The information on this Site is provided by Kostizi, Inc., and its third party providers of information and technology. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, KOSTIZI, INC. IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE. Kostizi, Inc. may modify this Agreement from time to time in its sole discretion, and your continued use of the Site shall constitute acceptance of such modifications.

AGREEMENT:

  1. TERMS OF USE:
  2. Use of the site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

    1. Definitions:
    2. snrsweetdeals.newsreview.com and Kostizi.com.
      Kostizi, Inc., in conjunction with our media partners and their websites powered by Kostizi, provides an interactive online Website or Club Membership operated by Kostizi, Inc. on the World Wide Web of the Internet (the "Web") which provides transaction capabilities provided by Kostizi, Inc., with affiliates of Kostizi, Inc. and other third parties.
      Merchant Member.
      A merchant member is any merchant who subscribes to any service provided or powered by Kostizi, Inc. and has agreed to honor your use of any Kostizi Club Card for the payment by you for goods and services and your exercise of the rights and privileges of a Club Member as provided on the Website or Club Memberships sold by the merchant Member, including but not limited to food and alcoholic beverages.
      Club Member.
      A Club Member is a user of the site who opens an account.
      The Club Card (NOT YET AVAILABLE IN ALL AREAS).
      Membership in the Kostizi, Inc. Club optionally allows the end user to activate a Club Card (the Card). Membership fees may apply and may be waived for a period of time. This card is a stored value card which allows you to purchase the goods and services or exercise your rights and privileges as a Club Member as provided on the Website or Club Memberships on the website which may include food, and alcoholic beverages where permitted by state law, merchandise, services, entry fees and/or other products and services. The card may not be redeemed for cash. Kostizi may provide cards for more than one club and you may be required to have a card for each club for which you would like to take advantage of member benefits.
    3. General.
    4. This Agreement sets forth the terms and conditions that apply to your use of this Site and, if you open an account and activate a Club Card, the Club Membership. Whenever the term "this site" is used in this Agreement, the term will be interpreted to mean in addition to the website, the use of the Club membership relating to any account created on the website by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Site and the Club Membership is personal to you and is not transferable to any other person or entity. You are responsible for protecting the confidentiality of your password(s), if any and any other means of identification which Kostizi, Inc. requires for the use of this site. While it is Kostizi's objective to make this site accessible 24 hours per day, 7 days per week, the site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside the control of Kostizi, access to the Site may be interrupted, suspended or terminated from time to time.

      Kostizi, Inc. shall have the right at any time to change or discontinue any aspect or feature of snrsweetdeals.newsreview.com and Kostizi.com, including but not limited to, content, hours of availability and equipment needed for access or use. Further, Kostizi may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

    5. Modified Terms.
    6. Kostizi reserves the right at all times to discontinue or modify any of our Terms of Use and /or Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Kostizi's posting thereof. Any use of snrsweetdeals.newsreview.com by you after such notice shall be deemed to constitute acceptance by you of such modifications.

    7. Age Related Use.
    8. Many of the promotional offers made by merchant members on this website specifically target individuals who are over the age of twenty-one (21) or 18, depending on the merchant and the offer. Any merchant member may restrict the use of such offers by minors. By using this site, you represent and agree that you are over the age of twenty-one (or 18 when applicable) or are purchasing such promotional offer for use by an individual that is over the age of twenty-one. You further represent and agree that all offers made by merchant members on this website are subject to the conditions, rules and regulations of the merchant (use of offer requirements) and Kostizi is not responsible to you if you do not comply with the use of offer requirements of the merchant members. You may not use the Club Card as any form of identification including age authentication.

    9. Reservation of Rights.
    10. You agree and understand that Kostizi, Inc. and its third party providers and partners may hold copyright rights in the content that appears on this site. This content is provided for your private, personal, noncommercial purposes. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on this Site in any manner without the express written consent of KOSTIZI, nor to use the information available on this Site for any unlawful purpose. You agree to access the information available on this Site manually by request and not programmatically by macro or other automated means. KOSTIZI may point to other sites that may be of interest to you but for which KOSTIZI has no responsibility. You may contact Kostizi, Inc. directly regarding the possibility of licensing the copyright rights by contacting the sales office of Kostizi, Inc. through the contact information set forth below.

    11. Prohibitions against Data Scraping and Harvesting of Email Addresses.
    12. This site content may contain bulletin board features or other public areas in which users can post messages or other content. By posting materials to the site you grant Kostizi, Inc. and its third party providers a royalty-free, perpetual, irrevocable, non-exclusive right to use, reproduce, transmit, store and display any user-supplied content for any purpose whether now or hereafter developed and to sublicense such rights through multiple tiers of sublicensees. By posting materials to the site, you represent to Kostizi, Inc. and its third party providers, that you either own copyright in the material or that you have a license that allows the posting of such materials.

    13. Speed and Accuracy Of Data Transmissions.
    14. Data provided on this Site may be delayed as specified by financial exchanges or third party providers of information. KOSTIZI and the third party providers of information furnish the information available on this Site without responsibility for accuracy and you agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action against KOSTIZI or any third party provider of information. KOSTIZI believes its data and text Website or Club Memberships to be reliable, but accuracy is not warranted or guaranteed. The Site includes offers by third parties, facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither KOSTIZI or the third party providers of information guarantees the accuracy, completeness or timeliness of these offers, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

    15. Warranty.
    16. KOSTIZI AND THIRD PARTY PROVIDERS OF INFORMATION EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

    17. Restrictions on Framing and Linking.
    18. You may not display the content of this site within the pages of another site (Framing) without the express written authorization of Kostizi, Inc. and its third party providers. Your framing the content of site constitutes a breach of the terms and conditions of this agreement. Violation of this provision will result in immediate termination of your access to this site as well as civil damages for breach of this Agreement.

    19. Disclaimers.
      1. Links and linked sites.
      2. This website links to other websites. Kostizi nor any Kostizi media partner are not responsible for the content, operation, effect on your computer or any other issues that may arise from your use of a linked site. By using these linked sites you agree that all of the materials found on those sites is provided "As-Is" and with all faults and further that Kostizi, Inc. does not guarantee that the linked sites or any Website or Club Membership provided on those linked sites will function as intended or that they will always be available to you.

      3. Disclaimer of Liability.
      4. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE MICROSITES IS AT YOUR SOLE RISK. NEITHER KOSTIZI, ASSCIATED MEDIA PARTNERS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS 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, RELIABILITY OR CONTENT OF ANY INFORMATION, WEBSITE OR CLUB MEMBERSHIP OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

        THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

        THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KOSTIZI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

        IN NO EVENT SHALL KOSTIZI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

        IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KOSTIZI, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

        KOSTIZI IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY KOSTIZI. MOREOVER, KOSTIZI RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, KOSTIZI, DEEMS UNSUITABLE.

      5. Disclaimer of Liability for Merchant's Dishonor of Club Card Credit.
      6. KOSTIZI, INC. IS ONLY THE FACILITATOR OF THE TRANSACTION BETWEEN YOU AND THE MERCHANT MEMBER. ANY PURCHASE THAT YOU MAKE UTILIZING THIS SITE IS NONREFUNDABLE BY KOSTIZI AND IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THE MERCHANT MEMBER. KOSTIZI IS NOT RESPONSIBLE FOR ANY CHANGES IN THE MERCHANT'S TERMS AND CONDITIONS, AND ANY AND ALL CIRCUMSTANCES THAT MAY RESULT IN THE MERCHANT MEMBER REFUSING TO HONOR ANY TRANSACTIONS THAT YOU INITIATE UTLIZING THIS WEBSITE. WHEN USING THE KOSTIZI WEBSITE AND OR ANY OF ITS OTHER FUNCTIONS, YOU UNDERSTAND AND AGREE THAT IT IS YOUR RESPONSIBILITY TO WORK DIRECTLY WITH MERCHANT MEMBERS TO RESOLVE ANY DISPUTE OR DISAGREEMENT REGARDING OR RELATING TO ALL OF THE PRODUCTS SOLD IN OR THROUGH THIS WEBSITE.

    20. PRIVACY.
    21. You are required to create an account in order to use this site. You are required to provide personal and private information in order to create this account. Your privacy is important to us, and we want to protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy. The specific terms of our privacy policy are incorporated by reference into this agreement. For the complete text of our privacy policy click on the following link: Privacy Policy.

    22. License Grant.
    23. By posting communications on or through this Site, you shall be deemed to have granted to Kostizi a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

    24. Indemnification.
    25. You agree to defend, indemnify and hold harmless Kostizi, its partners, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by you.

    26. Termination.
    27. Kostizi may terminate this Agreement at any time. Without limiting the foregoing, Kostizi shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Kostizi, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 15 and 16 will survive termination of this Agreement.

    28. Trademarks.
    29. Kostizi is a trademark of Kostizi, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Kostizi are the property of their respective owners.

    30. MISCELLANEOUS.
    31. Kostizi's headquarters are in Salt Lake City, Utah. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Utah (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Salt Lake City, Utah under the rules of arbitration of the American Arbitration Association. Notice of any claims against Kostizi arising from the use of this site must be transmitted to Kostizi within 30 days of claimant's discovery of such claim or be forever barred. Such notice shall be transmitted to:

      Dispute Resolution Office
      Kostizi, Inc.
      2nd Floor
      248 South Main Street
      Salt Lake City, UT 84101

      or:

      disputeresolutionofficer@kostizi.com


  3. TERMS OF SALE:
    1. Terms and Conditions of Opening a Kostizi Account.
      • You are required to create a Kostizi account in order to purchase the goods and services offered on the website or to exercise your rights and privileges set forth on the website as a Club Member. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
      • In consideration of your use of your Club Member, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Website or Club Memberships under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Club Membership's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kostizi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kostizi has the right to suspend or terminate your account and refuse any and all current or future use of the Website or Club Membership (or any portion thereof).
      • You will receive a password and account designation upon completing the Club Membership's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kostizi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by clicking on a "logout" link. Kostizi cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
      • You acknowledge, consent and agree that Kostizi may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service regarding the Website or Club Membership; or (e) protect the rights, property, or personal safety of Kostizi, its users and the public.
      • You understand that the technical processing and transmission of the Website or Club Membership account, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
      • You understand that the Website or Club Membership and software embodied within the Website or Club Membership may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Kostizi and/or content providers who provide content to the Website or Club Membership. You may not attempt to override or circumvent any of the usage rules embedded into the Website or Club Membership. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website or Club Membership, in whole or in part, is strictly prohibited.
    2. Terms and Conditions of Opening a Kostizi Account.
    3. By placing an order through your account, you make an offer to us to purchase the goods and services set forth on the Website or resulting from Club Memberships or electing to exercise your rights and privileges as a Club Member, you have consented to be bound by the terms and conditions stated below. For more information, please view our Privacy Policy.

      • Use of the Club Card for alcoholic beverages is at the sole discretion of the Merchant Member. Merchant Member and Club Member agree to comply with all state laws pertaining to the same.
      • The Club Card cannot be combined with any other Merchant Member certificates, third party certificates, coupons, or promotions.
      • The Club Cards cannot be used for taxes, tips or prior balances.
      • No cash value for The Club Cards.
      • No cash back upon redemption or at any other time.
      • The issuing of Merchant Member credit is at the sole discretion of the Merchant Member unless otherwise required by law.
      • Neither the seller nor the Merchant Member is responsible for lost or stolen Club Cards or Club Card reference numbers.
      • Reproduction, sale or trade of the Club Card is prohibited unless done so in compliance with the law.
      • Any attempted redemption not consistent with these terms & conditions will render the Club Card void.
      • Void to the extent prohibited by law.
      • Expire one (1) year from date of issue, except in California and where otherwise prohibited by law.
      • Club Card has no cash value and are not redeemable for cash at any time.
      • All terms and conditions stated in the Kostizi Shipping and Returns policy.
    4. Terms and Conditions for Kostizi Store Account.
    5. As used herein, the term "Kostizi Store Account" refers to that account on the Kostizi website that allows the purchase of items that are of general use and are redeemable solely through the Kostizi website. You are required to create an account in order to purchase items from our gift or corporate sales centers. This is required so we can provide you with easy access to print your order and view your past orders.

      • Kostizi Store Credit has no expiration date.
      • Kostizi Store Credit may be redeemed solely for merchandise listed on the Kostizi Store microsite.
    6. Additional Terms and Conditions for All Kostizi Products.
    7. By purchasing a Kostizi Store Credit Certificate, a customer acquires the right to use the Club Card to purchase the items offered for sale at the Kostizi Store. Upon completion of such transaction, the customer acquires that right and has that right delivered to him or her. Whether the customer chooses to print the certificate is at the customer's sole discretion. Whether the customer chooses to use the Merchant Member-Specific or Merchant Certificate after printing it to get a reduction in price of a meal or a good is at the customer's sole discretion. Kostizi and the participating Merchant Members and merchants encourage customers to print the certificates and use them at the selected Merchant Members and merchants.

      The holder and issuer of an account on the Club Card is the merchant member. As a holder and issuer of the Club Card, the Merchant Member or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the merchant member, as well as for any unclaimed property liability arising from an unredeemed Kostizi merchant member account.

      This Agreement constitutes the entire agreement between Company and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site.

    8. Kostizi Discount Codes
    9. Kostizi and some websites powered by Kostizi may offer Kostizi Account holders specific discount codes with various features and restrictions. Sometimes a fixed value discount is associated with a minimum purchase requirement, or a limit of frequency of use may constrain a discount code. If, at it's sole discretion, Kostizi detects an abuse of the intended use of a discount code, Kostizi may, at its sole discretion, suspend purchase and/or order fulfillment activity for any Kostizi Account it believes to be abusing discount codes. In addition, Kostizi, at its sole discretion, reserves the right to suspend any Kostizi Account at any time.