Terms of Service
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Your use of Offer Function LLC's web sites, mobile applications and services (the "Offer Function LLC Service") is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using the Offer Function LLC Service, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use the Offer Function LLC Service. Offer Function LLC may at any time modify this User Agreement and your continued use of the Offer Function LLC Service will be conditioned upon the terms and conditions in force at the time of your use.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Offer Function LLC Service. If you use the Offer Function LLC Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Offer Function LLC Service by you and those using your login information.
The web sites and mobile applications making a part of the Offer Function LLC Service, and each of their modules, together with the arrangement and compilation of the content found on such sites and applications, are the copyrighted property of Offer Function LLC LLC (together with its corporate affiliates, "Offer Function LLC") and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the "Trademarks") are registered and common law Trademarks of Offer Function LLC and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of Offer Function LLC, or such other party that may own the Trademarks, is granted or should be implied. The Offer Function LLC Service and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Offer Function LLC, and/or its Third Party Suppliers, except that you may download, display and print the materials presented by the Offer Function LLC Service for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Offer Function LLC Service and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Offer Function LLC Service.
USE OF THE OFFERFUNCTION.COM SERVICE
Offer Function LLC grants you a limited, non-transferable license to access and make personal use of the Offer Function LLC Service in accordance with the terms and conditions of this User Agreement. You may only use the Offer Function LLC Service to make legitimate reservations or purchases for personal, non-commercial use and shall not use the Offer Function LLC Service for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of the Offer Function LLC Service or its contents or any derivative use of the Offer Function LLC Service or its contents. Without limiting the foregoing, you may not:
use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the Offer Function LLC Service, in any case without the prior written consent of Offer Function LLC;
utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the Offer Function LLC Service;
transmit or otherwise transfer any web pages, data or content making a part of the Offer Function LLC Service to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Offer Function LLC Service;
take any action that imposes a burden or load on the Offer Function LLC Service's infrastructure that Offer Function LLC deems in its sole discretion to be unreasonable or disproportionate to the benefits Offer Function LLC obtains from your use of the Offer Function LLC Service; or
post or transmit via the Offer Function LLC Service (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.
In its sole discretion, in addition to any other rights or remedies available to Offer Function LLC and without any liability whatsoever, Offer Function LLC at any time and without notice may terminate or restrict your access to the Offer Function LLC Service. If you have been notified by Offer Function LLC that you are prohibited from using the Offer Function LLC Service, then notwithstanding the foregoing you have no license to use the Offer Function LLC Service and any access by you or on your behalf shall be unauthorized and unlawful. Offer Function LLC may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking via the Offer Function LLC Service, or in any other reasonable manner. Offer Function LLC reserves the right to cancel any and all bookings or other transactions you have made using the Offer Function LLC Service after you have been prohibited from using the Offer Function LLC Service, with no liability whatsoever to you.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices and counter-notices with respect to the site should be sent to Offer Function LLC LLC 254 E 2nd Street, Powell, WY 82435-1902, Attn: General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that the fax number above is NOT for Customer Care; we will not respond to customer service inquiries directed there. To reach Customer Care, please click here.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Offer Function LLC and/or its Third Party Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
EXCLUSION OF WARRANTIES
NEITHER OFFERFUNCTION.COM NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE OFFERFUNCTION.COM SERVICE AND/OR ANY MATERIALS PROVIDED VIA THE OFFERFUNCTION.COM SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NEITHER OFFERFUNCTION.COM NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED VIA THE OFFERFUNCTION.COM SERVICE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER OFFERFUNCTION.COM NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THAT THIS THE OFFERFUNCTION.COM SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
THE OFFERFUNCTION.COM SERVICE PROVIDES LINKS TO OTHER WEB SITES WHICH SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY OFFERFUNCTION.COM OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. NEITHER OFFERFUNCTION.COM NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR THE CONTENT OF ANY OTHER WEB SITES AND MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEB SITES OR THE CONTENTS OR MATERIALS ON SUCH WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. IF YOU DECIDE TO ACCESS OTHER WEB SITES, OR TO USE SUCH GOODS OR SERVICES, YOU DO SO AT YOUR OWN RISK.
BY MARKETING TRAVEL TO INTERNATIONAL DESTINATIONS, OFFERFUNCTION.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
OFFERFUNCTION.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT THIRD PARTY SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) AND/OR TO CHANGE OR CANCEL PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
LIMITATION OF LIABILITY
OFFERFUNCTION.COM ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE OFFERFUNCTION.COM SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE OFFERFUNCTION.COM SERVICE.
IN NO EVENT SHALL OFFERFUNCTION.COM OR ANY OF ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE OFFERFUNCTION.COM SERVICE OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY OFFERFUNCTION.COM OR ANY OF ITS THIRD PARTY SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
THE THIRD PARTY SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OFFERFUNCTION.COM. OFFERFUNCTION.COM IS NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
OFFERFUNCTION.COM SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE FOREGOING, OFFERFUNCTION.COM OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE OFFERFUNCTION.COM SERVICE OR ITS CONTENT, THE LIABILITY OF OFFERFUNCTION.COM AND THE THIRD PARTY SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO OFFERFUNCTION.COM IN CONNECTION THEREWITH. SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF WYOMING LAW AS DESCRIBED BELOW, DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You shall defend and indemnify Offer Function LLC and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Offer Function LLC Service (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party).
RESOLUTION OF DISPUTES
This User Agreement and its performance shall be governed by the laws of the State of Wyoming, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and Offer Function LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Offer Function LLC agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of the Offer Function LLC Service, this User Agreement, or the parties' relationship in connection with the Offer Function LLC Service or this User Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Care, since most customer concerns can be resolved quickly and satisfactorily in this manner.
Mandatory Arbitration - Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Laramie County, Wyoming who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND OFFERFUNCTION.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
Improperly Filed Claims - All Claims you bring against Offer Function LLC must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed and void. Should you file a Claim contrary to the Resolution of Disputes Section, Offer Function LLC may recover attorneys' fees and costs up to $1,000, provided that Offer Function LLC has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
If Offer Function LLC takes any action to enforce this User Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES, above, Offer Function LLC will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Offer Function LLC may be entitled. Moreover, you agree that Offer Function LLC may debit your credit or debit card or charge you for any such amounts.
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Offer Function LLC as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Offer Function LLC shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions of Offer Function LLC and/or its Third Party Suppliers may apply to reservations, purchases of goods and services and other uses of the Offer Function LLC Service. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s). Offer Function LLC may debit your credit or debit card account or charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
The relationship between Offer Function LLC and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available through the Offer Function LLC Service.
Offer Function LLC LLC
254 E 2nd Street
Powell, WY 82435
First Posted June 1 2013. Last updated June 4, 2013;
1. Collection of Information.
1.1 Information Collection By Survey.
Offer Function LLC collects information, personal and otherwise, from individuals primarily by having the individuals provide that information directly to Offer Function LLC through its surveys and other opportunities to share information. Information collection may happen by various methods, including, but not limited to, an individual who transmits or receives a message through a Offer Function LLC web site by any means including, but not limited to posts and text messages, when an individual supplies a photo, when an individual voluntarily completes a Offer Function LLC survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by Offer Function LLC or third parties (collectively, a "Survey"). (As used in this policy, "online" means using the Internet, including the Website, and related technologies, and "offline" means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, Offer Function LLC or a third party (a "Third Party") may ask an individual to provide various information to Offer Function LLC, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, photo, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, "Survey Information"). Offer Function LLC may also collect infor
mation concerning an individual from another source and use that information in combination with information provided from this Web Site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to Offer Function LLC or Third Party, but an individual may receive incentives from Offer Function LLC or a Third Party in exchange for providing Survey Information to Offer Function LLC.
1.2 Third Party List Information.
Offer Function LLC may collect information from individuals when an individual provides information to a Third Party and Offer Function LLC subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the "Seller"). Such purchased information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, "Third Party List Information"). When acquiring Third Party List Information, Offer Function LLC seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to Offer Function LLC and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller's list.
1.3 Other Information.
Other occasions when Offer Function LLC obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by Offer Function LLC or by a Third Party, (2) when an individual requests assistance through Offer Function LLC's customer service department, and (3) when an individual voluntarily subscribes to a Offer Function LLC service or newsletter (together, "Other Information").
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
Offer Function LLC currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, Offer Function LLC may use other new and evolving sources of information in the future (together, "Technology Information").
(a) Cookies. A cookie is a small amount of data stored on the hard drive of the individual's computer that allows Offer Function LLC to identify the individual with his or her corresponding data that resides in Offer Function LLC's database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.
(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page (by using an programming function — see http://truste.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Offer Function LLC to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, Offer Function LLC might place, with the consent of a Third Party website, a web beacon on the Third Party's website where baseball products are sold. When Joe, an individual listed in Offer Function LLC's database, visits the baseball website, Offer Function LLC receives notice by means of the web beacon that Joe visited the baseball site, and Offer Function LLC would then update Joe's profile with the information that Joe is interested in baseball. Offer Function LLC may thereafter present offers of baseball related products and services to Joe. In addition to using web beacons on web pages, Offer Function LLC also uses web beacons in email messages sent to individuals listed in Offer Function LLC's database.
(c) New Technology. The use of technology on the Internet, including search engine indexing, cookies and web beacons, is rapidly evolving, as is Offer Function LLC's use of new and evolving technology. As a result, Offer Function LLC strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
1.5 Outside Information.
Offer Function LLC may receive information about individuals from Third Parties or from other sources of information outside of Offer Function LLC including information located in public databases ("Outside Information").
1.6 Individual Information.
As used in this policy, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information Offer Function LLC gathers or receives about individuals such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children.
Offer Function LLC does not knowingly collect any personal information about children under the age of 13. If Offer Function LLC obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, Offer Function LLC has no such information to use or to disclose to Third Parties. Offer Function LLC has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
1.8 Log File Information.
When users log-in to access their account, our servers may automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating the user's authorization to access the account. Information, such as a web request, Internet Protocol (the "IP") address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize a user's entry and activity on the Website.
1.9 Credit Card Information.
Offer Function LLC may in certain cases collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from Offer Function LLC. When the Credit Card Information is submitted to Offer Function LLC, such information is encrypted and is protected with SSL encryption software. Offer Function LLC will use the Credit Card Information for purposes of processing and completing user-initiated purchase transactions, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
2. Use of Individual Information.
2.1 Discretion to Use Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY'S SOLE DISCRETION AND THAT INCLUDES BUT IS NOT LIMITED TO, LICENSING IT TO THIRD PARTIES FOR SECONDARY MARKETING PURPOSES.
The following paragraphs in Section 2 describe how Offer Function LLC currently uses Individual Information, but Offer Function LLC may change or broaden its use at any time. As noted, Offer Function LLC may update this policy from time to time. Offer Function LLC may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, SMS texting, direct mail marketing, online banner advertising, and package stuffers, among other possible uses. By default, your full name will be used as your screen name.
Offer Function LLC uses Individual Information to provide promotional offers by email to individuals. Offer Function LLC may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Offer Function LLC's email lists, a person must send an email to unsubscribeofferfuction.com.
2.2(a) Content of Email Messages.
In certain commercial email messages sent by Offer Function LLC, an advertiser's name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to Offer Function LLC. The "Subject:" line of Offer Function LLC email messages will usually contain a line provided from the advertiser to Offer Function LLC.
2.2(b) Solicited Email.
Offer Function LLC only sends email to individuals who have agreed on the Website to receive email from Offer Function LLC or to individuals who have agreed on Third Party websites to receive email from Third Parties such as Offer Function LLC. Offer Function LLC does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to Offer Function LLC's email messages.
2.3 Targeted Advertising.
Offer Function LLC uses Individual Information to target advertising to an individual and others. When an individual is using the Internet, Offer Function LLC uses Technology Information (see also Section 2.5 below) to associate an individual with that person's Individual Information, and Offer Function LLC attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, through indexing of search engines, and otherwise. Offer Function LLC may, at its discretion, target advertising by using email, internet, search engines, direct mail, telephones, cell phones, and other means of communication to provide promotional offers to individuals and others.
2.4 Direct Mail and Telemarketing.
Offer Function LLC uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.
2.5 Mobile Phone SMS Messaging.
In certain cases, when requested by an individual, Offer Function LLC or a Third Party may use Individual Information to provide customized content and advertising via SMS messaging to an individual's cell phone. Please note that Offer Function LLC is not responsible for the privacy practices or the content of Third Parties.
2.6 Use of Technology Information.
Offer Function LLC uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Offer Function LLC's web sites are most frequently visited. This information helps Offer Function LLC to better understand the online habits of individuals so that Offer Function LLC can target advertising and promotions to them.
2.7 Profiles of Individuals.
Offer Function LLC uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
2.8 Storage of Individual Information.
Offer Function LLC stores the Individual Information in a database on Offer Function LLC computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Offer Function LLC's control. Notwithstanding such measures, Offer Function LLC cannot guarantee that its security measures will prevent Offer Function LLC computers from being illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
OFFERFUNCTION.COM MAY SELL, LICENSE OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN OFFERFUNCTION.COM'S SOLE DISCRETION.
3.2 Order Fulfillment.
Offer Function LLC will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using Offer Function LLC web sites or when responding to offers provided by Offer Function LLC.
3.3 Legal Process.
Offer Function LLC may disclose Individual Information to respond to subpoenas, court orders, and other legal processes. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity. This may include sharing information with other companies, lawyers, courts or other government entities.
3.4 Summary Data.
Offer Function LLC may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting legalofferfuction.com. Offer Function LLC may also grant advertising clients and email services providers' access to an individual's email address to verify the origin of the Individual Information collected.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Offer Function LLC does not control Advertisers' use of such technology and Offer Function LLC has no responsibility for the use of such technology to gather information about individuals.
The Website and email messages sometimes contain hypertext links to the web sites of Third Parties. Offer Function LLC is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by Third Parties. Such links are provided for your convenience and reference only. Offer Function LLC does not operate or control in any respect any information, software, products or services available on such Third Party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3 Affiliated Companies.
Offer Function LLC may disclose, transfer, and sell Individual Information to entities affiliated with Offer Function LLC in Offer Function LLC's discretion. California residents have the right to opt-out of allowing Offer Function LLC to do any of the acts in the sentence above by sending an opt out request to unsubscribeofferfuction.com. Should Offer Function LLC be subject to an acquisition, merger, sale or other change of control or business entity status, Offer Function LLC reserves the right to transfer or assign the Information collected from the Website.
5. Individuals Outside of the United States.
Anyone using the Website outside of the United States acknowledges that personal information will be collected and stored by Offer Function LLC in the United States. By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in the United States.
6. Unsubscribe Procedures.
6.1 If you wish to discontinue receiving email messages from Offer Function LLC, you have several options:
a) Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to unsubscribeofferfuction.com or (2) follow the instructions in each promotional email message sent by Offer Function LLC.
b) Unsubscribe from all of Offer Function LLC's email lists. We reserve the right to add Individual Information to multiple lists maintained by Offer Function LLC. To globally unsubscribe from all of Offer Function LLC's lists, send an email to unsubscribeofferfuction.com
For more information about protecting your privacy, you may wish to visit: www.ftc.gov. If you have questions about this policy, please contact us at legalofferfuction.com.
California User Consumer Rights. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dcadca.ca.gov.
Offer Function LLC LLC
254 E 2nd Street
Powell, WY 82435
© 2013 Offer Function LLC. All rights reserved.