Terms of Service
1.Interpretations
2.Definitions
3.Generalization
4.The Agreement
5.Site Account Registration
6.Revisions, Disclosures and Notices
7.Restrictions
8.Compatible Mobile Devices and Third Party Carriers
9.Your Content
10.Prohibited Content
11.Copyright and Trademark Infringement
12.Security
13.Privacy
14.Communications
15.Free Service
16.Paid Services
17.Accounts, Profiles, Passwords and Security
18.Information Control with Account Creation
19.Payment Terms
20.Forms of Payment
21.Account Refunds
22.Account Status
23.WiZ-Link Definitions
24.WiZ-Links Terms
25.WiZ-Link Path Address Availability
26.Prohibited WiZ-Links Path Addresses
27.Prohibited Copyrights and Trademarks
28.Your WiZ-Links Content
29.WiZ-Links Pages and Model
30.WiZ-Link Templates and Details
31.Other Product Categories and Payment Information
32.Other Documents Incorporated within this Agreement
33.Modification and Termination
34.Effect of Termination
35.Taxes
36.Your License
37.Ownership
38.Indemnity
39.Representations and Warranties
40.No Warranties
41.Limitations of Liability and Damages
42.Third Party Products and Services
43.Disputes
44.Binding Individual Arbitration
45.Governing Law
46.Limitation on Time to Initiate a Dispute
47.Assignment
48.Third Party Services and Links to Other Websites
49.Third-Party Beneficiaries
50.State-Specific Privacy Terms
51.Other Provisions
52.Feedback and Information
2.Definitions
3.Generalization
4.The Agreement
5.Site Account Registration
6.Revisions, Disclosures and Notices
7.Restrictions
8.Compatible Mobile Devices and Third Party Carriers
9.Your Content
10.Prohibited Content
11.Copyright and Trademark Infringement
12.Security
13.Privacy
14.Communications
15.Free Service
16.Paid Services
17.Accounts, Profiles, Passwords and Security
18.Information Control with Account Creation
19.Payment Terms
20.Forms of Payment
21.Account Refunds
22.Account Status
23.WiZ-Link Definitions
24.WiZ-Links Terms
25.WiZ-Link Path Address Availability
26.Prohibited WiZ-Links Path Addresses
27.Prohibited Copyrights and Trademarks
28.Your WiZ-Links Content
29.WiZ-Links Pages and Model
30.WiZ-Link Templates and Details
31.Other Product Categories and Payment Information
32.Other Documents Incorporated within this Agreement
33.Modification and Termination
34.Effect of Termination
35.Taxes
36.Your License
37.Ownership
38.Indemnity
39.Representations and Warranties
40.No Warranties
41.Limitations of Liability and Damages
42.Third Party Products and Services
43.Disputes
44.Binding Individual Arbitration
45.Governing Law
46.Limitation on Time to Initiate a Dispute
47.Assignment
48.Third Party Services and Links to Other Websites
49.Third-Party Beneficiaries
50.State-Specific Privacy Terms
51.Other Provisions
52.Feedback and Information
General Terms of Service
These terms (terms of service) apply if you signed up for an account on www.48HourrPromo.com and/or affiliates of therein as described in the Term of Use as the “Site”, on or after March 22, 2021.
Please read these terms and conditions carefully before using the services.
1. Interpretations
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
For the purposes of these terms of service:
“General Terms of Service”, “Terms of Service” or “Terms” are the details within this agreement between you and www.48HourPromo.com as an entity.
“Agreement” in its entirety is the details and all the sections of these Terms of Service.
"You", “Account Holder”, “Seller”, “Content Provider”, “Paid Service or Recipient” or “Data Processor” means the individual, accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
In this Agreement, the “Site” refers to “www.48HourPromo.com”, "Website", "Company", "the Company", "We", "Us" or "Our", “WiZ- Link Path”, “Sub-domain Link”, “Website Link” including but not limited to any third party and/or affiliate entity which www.48HourPromo.com does business with.
"Service" refers to the Site’s services, including mobile applications, Websites, software, cloud-based solutions, hardware, API (Application Program Interface) and/or any other products and services offered by the Site in the United States of America.
Country refers to the country of origin where this Agreement, the Site and the Services are created and available in. The Country is United Stated of America.
For the purpose of these Terms of Service, an “Account, “Service Account” “Registered Account”, and “Active Account” are collectively referred to as; the “Site Account” or “Account”.
An Account means a unique account created for You to access the Service or parts of the Service electronically using our Site with the understanding of these Terms of Service and the Agreement.
"Content" refers to content such as text, images, or other information that can be posted, uploaded, linked, and/or communicated to or otherwise made available by You, regardless of the form of that content.
"Device" means any device that can access the Service such as a computer, a cellphone, a digital tablet and/or any other form of electronic device which can access the Services.
"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of the Service.
"Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
3. Generalization
These General Terms of Service are a collection of terms and policies explained and defined herein which entail the legal Agreement between You, as a current or prospective customer of www.48HourrPromo.com’s Services and affiliates of Site as described in the Terms of Use on our website, and govern your use of Site’s Services and any other products and services in the United States of America (collectively, the “Services”) referred to as the Agreement.
By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including www.48HourPromo.com’s Privacy Policy and Terms of Use which limit our liability and require individual arbitration for any potential legal dispute, which are collectively incorporated herein. You also agree to any additional terms specific to Services you use (“Additional Terms of Service”), such as those listed below, if any, which become part of this Agreement.
Also, for the purpose of these Terms of Service and the general scope of this Agreement If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully.
4. The Agreement
These Terms of Service are based on this Agreement between:
Account Holder
(as described above)
and
The Site
(as described above)
5. Site Account Registration
Content Provider must open an Account with us to use the Services. During registration we will ask you, the Content Provider, for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Site Account, including for any actions taken by persons to whom you have granted access to the Site Account. We reserve the right to change the Account type, suspend or terminate the Site Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the Account registration requirements.
6. Revisions, Disclosures and Notices
We can make updates to our Terms of Service at any time, and we’ll notify you of these updates as appropriate. By continuing to use our Services after these updates, you agree to the revised Terms.
You also agree to receive notices from us electronically.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
You agree to Site’s E-Sign Consent. An E-Sign Consent means that you as the Content Provider agree to these Terms of Service via an Electronic Signature, (the “E-Signature, or “E-Sign Consent”).
The E-Signature and its consent are described in this document.
We may provide disclosures and notices required by law and other information about your Site’s Account to you electronically, by posting it on our Site, pushing notifications through the Services, or by emailing it to the email address listed in your Site’s Account or that you otherwise provided to www.48HourPromo.com. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact www.48HourPromo.com support at: [email protected]. If we are not able to support your request, you may need to terminate your Site’s Account.
7. Restrictions
Except where prohibited by law, you, the Content Provider, may not, nor may you permit any third party, directly or indirectly, to:
1. Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
2. Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
3. Access or monitor any material or information on any www.48HourPromo.com platforms including affiliate websites and platforms, using any manual process or robot, spider, scraper, or other automated means;
4. Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
5. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
6. Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from www.48HourPromo.com;
7. Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
8. Transfer any rights granted to you under these General Terms;
9. Use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
10. Use the Services for the sale, resale and/or marketing, advertising or distribution, redistribution and/or advertising of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
11. Use the Services for the sale, resale and/or marketing, advertising or distribution, redistribution and/or advertising of any illegal, unauthorized, unlicensed and/or controlled substance, illegal drugs, street drugs, and/or any form of drugs and/or medications which require licensing, federal and state permissions for sale and resale.
12. Use the Services for any illegal activity or goods or in any way that exposes you, other Site users, our partners, or Site to harm; or
13. Otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your Site’s Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Site’s Account, and any of your transactions with law enforcement.
8. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
9. Your Content
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements, text, videos, images, files, and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Site Account or by terminating your Site Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
10. Prohibited Content
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that:
(a) Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(b) Encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(c) Breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights;
(d) Contains corrupted data or any other harmful, disruptive, or destructive files;
(e) Advertises products or services competitive with www.48HourPromo.com’s or its partners’ products and services, as determined by us in our sole discretion; or
(f) In our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose www.48HourPromo.com, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. www.48HourPromo.com, the Site, may also monitor such Content to detect and prevent fraudulent activity or violations of Site’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
11. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the Account(s) of repeat infringers.
12. Security
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
The Site uses industry standard security measures to secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices, computer(s) and/or mobile applications which show your Site’s account and information. You will immediately notify us of any unauthorized use of your password or Site Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Site and provide all information requested by Site to remediate the breach. Any assistance provided by Site in relation to a security breach does not in any way operate as acceptance or acknowledgement that Site is in any way responsible or liable to you or any other party in connection with such breach.
In the event of any dispute between two or more parties as to Account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Site Account subject to dispute) will be final and binding on all parties.
13. Privacy
Your Personal Information
By using any of our Services as a Site seller, you acknowledge our data practices that apply to you, as set out in the Site Privacy Policy. The Privacy Policy explains how Site collects, uses and protects the personal information you provide to us where Site makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
Your Customers’ and Employees’ Personal Information
www.48HourPromo.com will process certain of your customers’ or employees’ personal data on behalf of your business as a Content Provider (“Data Processor”). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If you or your business is located in California, Colorado, Connecticut, Utah, or Virginia, please State Specific Privacy Terms in this document.
14. Communications
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Site Account or update the contact information associated with your Agreement. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your Account or Account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems and/or artificial intelligence systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Site by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We may also provide Services that allow you to send short message service (SMS) messages to your customers (the “Content-Provider-Initiated SMS Services”). You will only use the Content-Provider-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
Communication errors
In case the contact information on file is incorrect and/or we can’t reach you using the contact information you have provided on your Account. Any matter which requires communication with the Paid Service Recipient is considered final.
15. Free Services
Site’s Services include both free Services, for which no additional fees are charged (“Free Services”) and paid-for Services (“Paid Services”).
These Free Services are referred to Services not available to the public, but passed onto Content Providers as promotions and/or marketing material.
From time to time, we might offer Content Providers promotional URLs, WiZ-Links, other forms of Subscriptions and/or new letter access, promotional gifts, free Content download, high resolution images, videos or other forms of Content as part of our Free Services.
All public URLs available on the Site are free for every user including Content Providers.
If you have an Account with Site, please review these sections of the Terms of Service carefully for details on; accounts, profiles, passwords, security and other important terms and definitions relating to your Account with Site.
16. Paid Services
Site’s Services include both paid-for Services (“Paid Services”) and free Services, for which no additional fees are charged (“Free Services”).
www.48HourPromo.com, the Site, offers certain Paid Services to be paid for on a recurring basis (“Subscription Services”, “Subscription Accounts” also referred to as “Recurring Accounts”) and others on an as-used basis (“A La Carte Services”).
Subscription Accounts are defined as paid Accounts on the Site which may have a recurring payment period attached to them. Subscription Accounts may subject you to recurring fees and/or terms. By signing up for a Subscription Account, including after any free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) (“Subscription Fee”).
A La Carte Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of usage (“A La Carte Fees” and, together with “Subscription Fees”, the “Paid Service Fees”).
Please review the attached document as part of these Terms of Service: Subscription Terms and Policies which describes “Subscription Terms and Policies” in details.
17. Accounts, Profiles, Passwords and Security
Services offer certain features on or through the Site which require you to open an Account (including setting up a username and password) or create a profile for use in applying for something (for example, a subscription, a paid service, a WiZ-Link creation and/or many other Services offered through the Site). You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your Account information secure and confidential.
You may not use anyone else’s username, password or Account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
18. Information Control with Account Creation
With registering for an Account, you, the Content Provider, agree that If you, your company, your registered business name and/or DBA is part of a one-time subscription, a paid account, a recurring account and/or any other forms of subscription with the Site, all information collected can be used for further marketing purposes for improvement and bettering the business model and practices of the Site.
All payment information and account information is collected via a secured third party link to assure no breach and loss of data. As we improve the business model, we strive to bring the best security and options for verification, tokens, two-step confirmations onto the Site, yet this process is never guaranteed.
19. Payment Terms
By using www.48HourPromo.com payment services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services as defined in the Terms of Use. If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms.
A. Our Role as a Company (The Site)
By using www.48HourPromo.com, you as an Account Holder, understand and agree that the Site doesn’t not under any circumstance allow comingling of funds with a Site Seller.
The Site doesn’t accept and doesn’t create transactions on behalf of an Account Holder.
The Site doesn’t create third party links for the Account Holder(s) who is/are interested in selling goods and products on the Site.
All external links are accounts which the Account Holder(s) create(s) themselves.
B. Your Role as a Content Provider (Subscription Account)
Your role as a Content Provider is simply following the rules within these Terms of Service and Site’s Terms of Use.
C. Your Role as a Seller/Content Provider to “End Users”
Your role as a Seller/Content Provider to the public accessing the Site (“End User”) follows these Terms of Service herein. If there are any issues and concerns with End Users, please contact your banking establishment in regards to any money and funds disputes and/or any relating matters to funds. Your End Users should have access to Terms of Use, Privacy Policy and/or any other forms of agreement offered by your external links after they exit the Site.
D. Violations, Deletion and/or Removal
Violations, deletion and/or removal of your Subscription Account are very serious matters. Please review these sections; Restrictions, Your Content and Copyright and Trademark Infringement, in your Terms of Service agreement for reasons and potential issues with accounts and why they might get deleted and/or removed. Final decision on violations, deletions and/or removal of any account on Site is in sole discretion of the Site. The Site will try to contact you with information on why and information on dates and other details of violations, deletions and/or removal of accounts but we are not obligated by law to do so.
E. Refunds
All accounts which have been paid for and the Subscription date of payment has passed aren’t qualified for any refunds. Refunds are only available on Subscription Accounts which are not “available to the public” and/or functional URLs, subdomains and/or any other forms of remote services, the Site offers, are not available to end Users yet.
Definition of “available to the public”: The account link has gone live and the URL link is available to the End User.
F. Cancellations
All account cancellations are handled via a written notice and/or complete account verification first. If the account can NOT be verified through our system, the account will not be cancelled from our end. Cancelling the account from your end without a 29 day notice to the Site is a breach of the Terms of Service and information herein. Please contact us to cancel your Account prior to cancellation of your payment option from third party from your end.
Please review Effect of Termination Section for further information on deleted and/or cancelled accounts.
20. Forms of Payment
In general, Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds, if such account exists; however, Paid Service Fees related to hardware, monthly Recurring Accounts, and/or other Subscription Accounts provided by Site, may only be paid by debit card or credit card. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debiting from your linked debit card or charge to your linked credit card, regardless of payment device or method.
Unless otherwise provided in these Terms of Service, Paid Service Fees will be charged on the first day of each period (cycle) after one period (cycle) after you have signed up and/or started the Subscription Service month until canceled. You may cancel a Subscription Service at any time from your Site Account settings and/or contacting us directly with proof of Account ownership to cancel your Account. If you cancel a Subscription Service, you will continue to have access to that Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Paid Subscription Fees already due or paid. We reserve the right to change our Paid Subscription Fees upon thirty (30) days’ advance notice. Your continued use of Services after notice of a change to our Paid Subscription Fees will constitute your agreement to such changes.
21. Account Refunds
Our business model is very simple and straight forward to the point that no refunds are needed. If situation arises which allows for an exception for a refund, contact us directly to discuss your account.
22. Account Status
Active
An active account is simply that; An Account that is in good standing and not in violation of any sections of these Terms of Service.
Suspended
Delayed, non-paying accounts, and/or defaulted, delayed and/or any other form of lack of payment or delayed payment, will cause in immediate suspension of whichever type of subscription and/or paid account the end user is involved in.
Contact us directly to discuss your account.
Cancelled
Cancellation of any membership is with the discretion of the Site. Contact us directly to discuss your paid membership and/or subscription.
Deleted or Removed
The Site takes its business model very serious.
If there are any violations of sections of these Terms of Service, user Account can and will be deleted without any further action, notification and/or refund, or partial refund to the paid subscriber and/or paid Account user.
And based on our discretion, the user Account and all their information can be deleted, removed, black-listed and/or reported to the proper authorities as we see fit, to improve and maintain Site’s high quality of service and products offering to the general public and/or other users, including but not limited to; links information, personal data which the Site might have, graphics, images, videos and/or any other content provided to the Site by the subscriber, paid member and/or any user who has visited or interacted with the Site or any and all affiliates of the Site.
If an Account has been deleted, there are no actions taken by the Site to forward deleted Site’s link information and/or data to the user. The information and data might be stored but only for the purpose of improvement of the Site and not for the purpose of transmission back to the user of that Site’s link.
If you have a subscription account with Site, please review these Terms of Service for more details.
23. WiZ-Link Definitions
A “Paid Link”, “WiZ-Link” and/or “Subscription Link” is a URL Path, herein defined as a one page website which has only one (1) HTML/HTM page as described within the sections of these Terms of Service.
A “WiZ-Link Subscription” as part of this Agreement is put in place between the Content Provider and the Site for purchasing and operating a WiZ-Link on the Site.
A “Protocol” or scheme of a URL indicates the method that will be used for transmitting or exchanging data. The most familiar scheme is the Hypertext Transfer Protocol (HTTP) or Hypertext Transfer Protocol Secure (HTTPS) for the transmission of HTML files. FTP (for files) and Mailto (for mails) are examples of other types of schemes. (Red)
A “URL” stands for Uniform Resource Locator. A URL is nothing more than the address of a given unique resource on the Web. The term URL is interchangeable with the term “Link”.
A “WiZ-Link URL” is the domain or host name of a URL which is a user-friendly expression of the Internet Protocol (IP) address of a website. It points to the location of the website's host server. (Green)
A “Path” is what follows the domain name inside a URL points to a specific file or other resource location. (Red)
A “HTML” (Hypertext Markup Language) is a text-based approach to describing how content contained within an HTML file is structured. This markup tells a web browser how to display text, images and other forms of multimedia on a web page. (Green)
Example: https://www.48HourPromo.com/YourWebsiteName.html
24. WiZ-Links Terms
“Paid Links” refer to Links purchased through a Subscription Account from the Site to utilize for creating; landing pages, domain sales pages and/or any other funnel formatted “single” page domain URLs for the purposes of information, education or an introduction page to another external page outside the Site and its limits of these Terms of Service, its Terms of Use, its Privacy Policy and any other terms/policies which control the functions and activities within the limits of this Site.
All sections, including Payment Terms, but not limited to, of this Terms of Service must be fulfilled before a WiZ-Link Subscription is created for the Content Provider and such permissions, as described below, are given to the Content Provider for the paid link.
Furthermore, within this Terms of Service Agreement, a WiZ-Link is NOT a sub-domain of a domain address.
25. WiZ-Link Path Address Availability
WiZ-Link Path Addresses on the Site are created for ease of navigation through the Site and its affiliates. These WLPA are not necessarily created in any particular order, e.g. alphabetical.
WiZ-Link Path Addresses are assigned technically with the understanding of: first come, first serve. If any particular category name within a directory or sub-directory of any and all WiZ-Links on the Site presently exists, you will be offered other options to create a WiZ-Link Path Address which will fit your marketing strategy and our philosophy towards your Link, if such option exists.
26. Prohibited WiZ-Links Path Addresses
A WiZ-Link Path address (“WLPA,” “Path Names”) is selected by Content Provider, unless the WLPA has already been taken, reserved, in use and/or doesn’t meet the standard Federal and/or State based regulations for a WLPA. Please refer to Your Content Section in these Terms of Service for more information on limits and availability of Path Names allowed or not permitted.
The Site reserves the right NOT to accept a Path Name selected by a Content Provider for any reason it sees fit without further investigation. The Site decision is Final.
27. Prohibited Copyrights and Trademarks
Some unavailable Path Names are obvious Path Names which already exist under their own Copyright and Trademark protections and laws, such as; Nike, Facebook or similar Path Names.
If Path Names selected which have possible Copyrights and/or Trademark(s) and Content Provider has documentation of such said Copyrights and/or Trademarks, with careful review and proper documentations, such Path Names will be allowed and accepted.
The Site reserves the right NOT to accept a Path Name selected by a Content Provider for any reason it sees fit without further investigation. The Site decision is Final.
28. Your WiZ-Links Content
If you have signed up for a Paid Link on the Site through any of www.48HourPromo.com Sites, we have designated a WiZ-Link/WiZ-Links for your Content which you have provided to us via forms, emails, and/or other electronic forms of communication, your information, data, graphics, images and/or videos was given to the Site voluntarily and was collected with your Consent. All Content provided to any of the Site, as part of the WiZ-Link Content, are public information and available for viewing to the general public. Please review E-Signature and Consent Policies for information on Consents.
We further reserve the right to use your Content to further improve the Site and its content via marketing, image galleries example, sample pages, frame shots and/or any other means to better and improve the Site. The use of a Content Provider’s Content by the Site is not limited to marketing and use on the Site only and Your Content can be used for Social Media marketing and/or third party advertising.
29. WiZ-Links Pages and Model
The “Model” for WiZ-Links is very simple:
The Site provides certain templates and options for You, the Content Provider, to display your Content on our Site, to present to the End User.
Due to fast pace industry and low cost Links for your Content, with sufficient notice, the Site reserves the right to design, delete design, rearrange, use graphics as needed, program, re-program, delete, re-name, re-locate, and/or completely remove any pages, links, sub-links, category names, categories, URL links, Site Links, and any other parts of the Site with no notice to Content Provider, End User and/or any other entities involved in the Model and/or on the Site.
30. WiZ-Link Templates and Details
All Site paid Links provided to Content Providers under a Subscription Account are pre-designed with high end graphics and copyright information and disclaimers (“Template”). Sections of the Template Can NOT be duplicated, copied and/or re-configured without express written permission from the Site.
All Templates paid Links will have a disclaimer in the footer section and it will NOT be removed. No exceptions.
For examples, please refer to a Template page on 48HourPromo.com for paid Links.
Content on Paid Links Template pages on the Site (including Site paid Link pages but not limited to) can NOT be edit and/or duplicated or changed. All access is with the Site. No exceptions. To change, edit, design, redesign and/or change any content, including images, videos, graphics and/or any other content, please contact the Site developers.
31. Other Product Categories and Payment Information
Any product category which has a payment option; subscriptions, payment plans, gifts, seasonal products and/or services, and any other forms of products or services which have a payment options, are managed through and external, secured payment collection company. These transaction based companies are NOT affiliated with the Site.
There is no payment information and/or data, personal information, communications, email addresses, physical addresses and/or any other personal user information collected through the Site Paid Links for the purpose of collecting moneys, payments and/or any other forms of funds.
32. Other Documents Incorporated within this Agreement
We recommend that as a Service Provider you review the following documents as they are part of this Terms of Service.
Content Provider License Agreement (link)
Content Provider E-Signature Consent Policy (link)
Content Provider Subscription Agreement (link)
Content Provider Opt-out Notice (link)
Interest-Based Ads and Site-Based Ads Terms and Licensing Agreement (link)
Intellectual Property Policy (link)
Application Programming Interface (link)
Terms of Use (link)
Privacy Policy (link)
Security Policy (link)
33. Modification and Termination
We may terminate these General Terms or any Additional Terms, or suspend or terminate your www.48HourPromo.com Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your www.48HourPromo.com Account. You may also terminate the General Terms and Additional Terms applicable to your www.48HourPromo.com Account by deactivating your www.48HourPromo.com Account at any time.
34. Effect of Termination
If these General Terms or your Site Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: Your Content Section, Copyright and Trademark Infringement Section, Security Section, Privacy Section, Effect of Termination Section, Ownership Section, Indemnity Section, Representations and Warranties Section, No Warranties Section, Limitation of Liability and Damages Section, Third Party Products Section, Disputes Section, Binding Individual Arbitration Section, Governing Law Section, Limitation on Time to Initiate a Dispute Section, Assignment Section, Third Party Service and Links to Other Web Sites Section, Other Provisions Section, and Feedback and Information Section.
35. Taxes
For purposes of these Terms, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
Unless otherwise expressly stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for identifying and calculating any and all Taxes required for assessment, incurred, collected, paid or withheld for your use of the Services. Unless otherwise expressly stated, you also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of the Services, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. www.48HourPromo.com specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold www.48HourPromo.com harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in these Terms to the contrary, You agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to sales, use, or similar taxes, nor do the Services hereunder provide a marketplace or similar construct, and You agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise.
Notwithstanding the foregoing, Site may charge applicable Taxes on Services, as required by law, which you agree to pay, unless you provide Site with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by Site. You agree to fully indemnify, defend and hold Site harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide Site with the correct evidence to support your exemption from such Taxes, as applicable.
www.48HourPromo.com may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of the Services. Upon request, you shall provide Site with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use Site’s Services, you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
If applicable, Site shall be entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by Site to the extent that Site remits to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these Terms and Site will not be obliged to increase or gross-up any payment on account of any withholding of Tax.
You acknowledge and agree that www.48HourPromo.com (“Site”) is not providing any Tax advice and nothing Site says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or these Terms, you should consult your own Tax or legal advisor.
36. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Free Services as authorized in these General Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.
37. Ownership
We reserve all rights not expressly granted to you in these General Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit feedback, comments or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
38. Indemnity
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your Buyer regarding www.48HourPromo.com’s processing of the/your End Users’ Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Site provides, or provided, you with payment processing services in accordance with the Terms.
39. Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these Terms.
40. No Warranties
THE USE OF “WWW.48HOURPROMO.COM” IN ANT SECTIONS WWW.48HOURPROMO.COM, ITS PROCESSORS, ITS SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WWW.48HOURPROMO.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WWW.48HOURPROMO.COM DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
The Site does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. The Site does not have control of, or liability for, goods or services that are paid for using the Services.
41. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WWW.48HOURPROMO.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, WWW.48HOURPROMO.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL WWW.48HOURPROMO.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR WWW.48HOURPROMO.COM ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WWW.48HOURPROMO.COM IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WWW.48HOURPROMO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
42. Third Party Products and Services
All third party hardware and other products and/or services included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, developer and/or programmer (“Third Party”) who is solely responsible for service and support for its product and/or service. For service, support, or warranty assistance, you should contact the Third Party directly. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND/OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
43. Disputes
“Disputes” are defined as any claim, controversy, or dispute between you and the Site, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Site that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
44. Binding Individual Arbitration
General - You and Site agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SITE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes - Before any arbitration is commenced, you or Site agrees to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Site should be sent by mail to www.48HourPromo.com, Attn: Site Service Department, PO Box 26895, Aliso Viejo, CA 92656. Any Notice sent to you will be sent to the address on file for your account if any exists. If there is no physical address on file on your account, the notice will be produced yet not mailed out. We will inform you via contact information on file, e.g. email address, that such notice exists and will request your physical address for mailing such notice. We will attempt to contact you at least two times (2 times) before we consider the communications path to be broken and consider the matter closed. Your Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that state courts in the City and County of Santa Ana, California, or federal court for the Southern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration - If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (AAA) (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum, except you and Site will have the right to file early or summary dispositive motions and to request that the AAA’s Expedited Procedures apply regardless of the claim amount. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspects thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court - Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Arbitration Procedures - The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in Santa Ana, California, at another mutually agreeable location or, if both parties agree, by telephone or videoconference. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Site values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees - In accordance with the AAA Rules, the party initiating the arbitration (either Content Provider or Site) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Site also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
Opt Out - You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Site Account or we first provide you with the right to reject this provision.
Opt-Out Notice - To receive The Opt-Out Notice, please contact us at: [email protected] notice will be forwarded to your email address on file after verifying your identity and relationship to the Site and the Account. The Opt-Out Notice will be sent in the form of a PDF. Please review communication errors under communications for any missed and/or undeliverable communications.
After receipt of The Opt-Out Notice form via your account’s communication preferences, The Opt-Out Notice form must be sent by mail to www.48HourPromo.com, Attn: Site Service Department, PO Box 26895, Aliso Viejo, CA 92656. For your convenience, we are providing an Opt-Out Notice form you must fill in to opt out. You must complete this form by providing your name, address, phone number and the email address you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the General Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Court Proceedings - Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Santa Ana, California, or federal court for the Southern District of California.
45. Governing Law
These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
46. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
47. Assignment
Unless expressly authorized by Site, these General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
48. Third Party Services and Links to Other Websites
You may be offered services, products and promotions provided by third parties and not by Site, including, but not limited to, third party developers who use Site’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Site. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Site. Such third party websites are not governed by these General Terms, Terms of Use, Privacy Policy and/or other important documents listed within these Terms of Service. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
49. Third-Party Beneficiaries
No provision in these General Terms and any applicable Additional Terms are intended or shall create any rights with respect to the subject matter of these General Terms, and any applicable Additional Terms in any third party.
50. State-Specific Privacy Terms
If you are a “Business” as defined by the California Consumer Privacy Act of 2018 (“CCPA”), or are a “Controller” subject to the Colorado Privacy Act, Connecticut’s An Act Concerning Personal Data Privacy And Online Monitoring, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively, “State Privacy Laws”), then this provision, in “State-Specific Privacy Terms” section, applies to you. For purposes of this Section, “Process”, “Sell”, and “Business Purpose(s)” have the meaning ascribed to them by the State Privacy Laws.
a) For purposes of this Section 28, “Buyer Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Site in connection with its Services to you. Buyer Personal Information does not include any information Site receives about your customers (“Buyers,” “Users,” and/or “Participants”) for purposes of Site’s digital receipt, customer directory and email marketing tools. It does include information that your Buyer has provided you through Site Scheduling Options, Calendar Options, Forms, Site Invoices, or to receive Loyalty-related or promotional text messages.
b) We may receive Personal Information from Buyers for the purpose of performing Services on your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other Applicable Terms of Service referenced above, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Site may (i) de-identify or aggregate the Buyer Personal Information; (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations.
c) We reserve the right to delete Personal Information stored pursuant to these General Terms in the ordinary course of business, pursuant to our retention schedules.
51. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the Agreement between you, Content Provider and www.48HourPromo.com, the Site, regarding the Services. In the event of a conflict between these General Terms and any other Site agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
52. Feedback and information
Any feedback you provide to this Site shall be deemed to be non-confidential. Site shall be free to use such information on an unrestricted basis.
The information contained on this Site is subject to change without notice.
©2024 www.48HourPromo.com.
All rights reserved.
48HourPromo.com
26895 Aliso Creek Road
Suite 229
Aliso Viejo, CA 92656, USA
These terms (terms of service) apply if you signed up for an account on www.48HourrPromo.com and/or affiliates of therein as described in the Term of Use as the “Site”, on or after March 22, 2021.
Please read these terms and conditions carefully before using the services.
1. Interpretations
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
For the purposes of these terms of service:
“General Terms of Service”, “Terms of Service” or “Terms” are the details within this agreement between you and www.48HourPromo.com as an entity.
“Agreement” in its entirety is the details and all the sections of these Terms of Service.
"You", “Account Holder”, “Seller”, “Content Provider”, “Paid Service or Recipient” or “Data Processor” means the individual, accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
In this Agreement, the “Site” refers to “www.48HourPromo.com”, "Website", "Company", "the Company", "We", "Us" or "Our", “WiZ- Link Path”, “Sub-domain Link”, “Website Link” including but not limited to any third party and/or affiliate entity which www.48HourPromo.com does business with.
"Service" refers to the Site’s services, including mobile applications, Websites, software, cloud-based solutions, hardware, API (Application Program Interface) and/or any other products and services offered by the Site in the United States of America.
Country refers to the country of origin where this Agreement, the Site and the Services are created and available in. The Country is United Stated of America.
For the purpose of these Terms of Service, an “Account, “Service Account” “Registered Account”, and “Active Account” are collectively referred to as; the “Site Account” or “Account”.
An Account means a unique account created for You to access the Service or parts of the Service electronically using our Site with the understanding of these Terms of Service and the Agreement.
"Content" refers to content such as text, images, or other information that can be posted, uploaded, linked, and/or communicated to or otherwise made available by You, regardless of the form of that content.
"Device" means any device that can access the Service such as a computer, a cellphone, a digital tablet and/or any other form of electronic device which can access the Services.
"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of the Service.
"Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
3. Generalization
These General Terms of Service are a collection of terms and policies explained and defined herein which entail the legal Agreement between You, as a current or prospective customer of www.48HourrPromo.com’s Services and affiliates of Site as described in the Terms of Use on our website, and govern your use of Site’s Services and any other products and services in the United States of America (collectively, the “Services”) referred to as the Agreement.
By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including www.48HourPromo.com’s Privacy Policy and Terms of Use which limit our liability and require individual arbitration for any potential legal dispute, which are collectively incorporated herein. You also agree to any additional terms specific to Services you use (“Additional Terms of Service”), such as those listed below, if any, which become part of this Agreement.
Also, for the purpose of these Terms of Service and the general scope of this Agreement If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully.
4. The Agreement
These Terms of Service are based on this Agreement between:
Account Holder
(as described above)
and
The Site
(as described above)
5. Site Account Registration
Content Provider must open an Account with us to use the Services. During registration we will ask you, the Content Provider, for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Site Account, including for any actions taken by persons to whom you have granted access to the Site Account. We reserve the right to change the Account type, suspend or terminate the Site Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the Account registration requirements.
6. Revisions, Disclosures and Notices
We can make updates to our Terms of Service at any time, and we’ll notify you of these updates as appropriate. By continuing to use our Services after these updates, you agree to the revised Terms.
You also agree to receive notices from us electronically.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
You agree to Site’s E-Sign Consent. An E-Sign Consent means that you as the Content Provider agree to these Terms of Service via an Electronic Signature, (the “E-Signature, or “E-Sign Consent”).
The E-Signature and its consent are described in this document.
We may provide disclosures and notices required by law and other information about your Site’s Account to you electronically, by posting it on our Site, pushing notifications through the Services, or by emailing it to the email address listed in your Site’s Account or that you otherwise provided to www.48HourPromo.com. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact www.48HourPromo.com support at: [email protected]. If we are not able to support your request, you may need to terminate your Site’s Account.
7. Restrictions
Except where prohibited by law, you, the Content Provider, may not, nor may you permit any third party, directly or indirectly, to:
1. Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
2. Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
3. Access or monitor any material or information on any www.48HourPromo.com platforms including affiliate websites and platforms, using any manual process or robot, spider, scraper, or other automated means;
4. Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
5. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
6. Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from www.48HourPromo.com;
7. Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
8. Transfer any rights granted to you under these General Terms;
9. Use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
10. Use the Services for the sale, resale and/or marketing, advertising or distribution, redistribution and/or advertising of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
11. Use the Services for the sale, resale and/or marketing, advertising or distribution, redistribution and/or advertising of any illegal, unauthorized, unlicensed and/or controlled substance, illegal drugs, street drugs, and/or any form of drugs and/or medications which require licensing, federal and state permissions for sale and resale.
12. Use the Services for any illegal activity or goods or in any way that exposes you, other Site users, our partners, or Site to harm; or
13. Otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your Site’s Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Site’s Account, and any of your transactions with law enforcement.
8. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
9. Your Content
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements, text, videos, images, files, and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Site Account or by terminating your Site Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
10. Prohibited Content
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that:
(a) Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(b) Encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(c) Breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights;
(d) Contains corrupted data or any other harmful, disruptive, or destructive files;
(e) Advertises products or services competitive with www.48HourPromo.com’s or its partners’ products and services, as determined by us in our sole discretion; or
(f) In our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose www.48HourPromo.com, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. www.48HourPromo.com, the Site, may also monitor such Content to detect and prevent fraudulent activity or violations of Site’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
11. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the Account(s) of repeat infringers.
12. Security
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
The Site uses industry standard security measures to secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices, computer(s) and/or mobile applications which show your Site’s account and information. You will immediately notify us of any unauthorized use of your password or Site Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Site and provide all information requested by Site to remediate the breach. Any assistance provided by Site in relation to a security breach does not in any way operate as acceptance or acknowledgement that Site is in any way responsible or liable to you or any other party in connection with such breach.
In the event of any dispute between two or more parties as to Account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Site Account subject to dispute) will be final and binding on all parties.
13. Privacy
Your Personal Information
By using any of our Services as a Site seller, you acknowledge our data practices that apply to you, as set out in the Site Privacy Policy. The Privacy Policy explains how Site collects, uses and protects the personal information you provide to us where Site makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
Your Customers’ and Employees’ Personal Information
www.48HourPromo.com will process certain of your customers’ or employees’ personal data on behalf of your business as a Content Provider (“Data Processor”). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If you or your business is located in California, Colorado, Connecticut, Utah, or Virginia, please State Specific Privacy Terms in this document.
14. Communications
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Site Account or update the contact information associated with your Agreement. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your Account or Account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems and/or artificial intelligence systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Site by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We may also provide Services that allow you to send short message service (SMS) messages to your customers (the “Content-Provider-Initiated SMS Services”). You will only use the Content-Provider-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
Communication errors
In case the contact information on file is incorrect and/or we can’t reach you using the contact information you have provided on your Account. Any matter which requires communication with the Paid Service Recipient is considered final.
15. Free Services
Site’s Services include both free Services, for which no additional fees are charged (“Free Services”) and paid-for Services (“Paid Services”).
These Free Services are referred to Services not available to the public, but passed onto Content Providers as promotions and/or marketing material.
From time to time, we might offer Content Providers promotional URLs, WiZ-Links, other forms of Subscriptions and/or new letter access, promotional gifts, free Content download, high resolution images, videos or other forms of Content as part of our Free Services.
All public URLs available on the Site are free for every user including Content Providers.
If you have an Account with Site, please review these sections of the Terms of Service carefully for details on; accounts, profiles, passwords, security and other important terms and definitions relating to your Account with Site.
16. Paid Services
Site’s Services include both paid-for Services (“Paid Services”) and free Services, for which no additional fees are charged (“Free Services”).
www.48HourPromo.com, the Site, offers certain Paid Services to be paid for on a recurring basis (“Subscription Services”, “Subscription Accounts” also referred to as “Recurring Accounts”) and others on an as-used basis (“A La Carte Services”).
Subscription Accounts are defined as paid Accounts on the Site which may have a recurring payment period attached to them. Subscription Accounts may subject you to recurring fees and/or terms. By signing up for a Subscription Account, including after any free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) (“Subscription Fee”).
A La Carte Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of usage (“A La Carte Fees” and, together with “Subscription Fees”, the “Paid Service Fees”).
Please review the attached document as part of these Terms of Service: Subscription Terms and Policies which describes “Subscription Terms and Policies” in details.
17. Accounts, Profiles, Passwords and Security
Services offer certain features on or through the Site which require you to open an Account (including setting up a username and password) or create a profile for use in applying for something (for example, a subscription, a paid service, a WiZ-Link creation and/or many other Services offered through the Site). You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your Account information secure and confidential.
You may not use anyone else’s username, password or Account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
18. Information Control with Account Creation
With registering for an Account, you, the Content Provider, agree that If you, your company, your registered business name and/or DBA is part of a one-time subscription, a paid account, a recurring account and/or any other forms of subscription with the Site, all information collected can be used for further marketing purposes for improvement and bettering the business model and practices of the Site.
All payment information and account information is collected via a secured third party link to assure no breach and loss of data. As we improve the business model, we strive to bring the best security and options for verification, tokens, two-step confirmations onto the Site, yet this process is never guaranteed.
19. Payment Terms
By using www.48HourPromo.com payment services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services as defined in the Terms of Use. If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms.
A. Our Role as a Company (The Site)
By using www.48HourPromo.com, you as an Account Holder, understand and agree that the Site doesn’t not under any circumstance allow comingling of funds with a Site Seller.
The Site doesn’t accept and doesn’t create transactions on behalf of an Account Holder.
The Site doesn’t create third party links for the Account Holder(s) who is/are interested in selling goods and products on the Site.
All external links are accounts which the Account Holder(s) create(s) themselves.
B. Your Role as a Content Provider (Subscription Account)
Your role as a Content Provider is simply following the rules within these Terms of Service and Site’s Terms of Use.
C. Your Role as a Seller/Content Provider to “End Users”
Your role as a Seller/Content Provider to the public accessing the Site (“End User”) follows these Terms of Service herein. If there are any issues and concerns with End Users, please contact your banking establishment in regards to any money and funds disputes and/or any relating matters to funds. Your End Users should have access to Terms of Use, Privacy Policy and/or any other forms of agreement offered by your external links after they exit the Site.
D. Violations, Deletion and/or Removal
Violations, deletion and/or removal of your Subscription Account are very serious matters. Please review these sections; Restrictions, Your Content and Copyright and Trademark Infringement, in your Terms of Service agreement for reasons and potential issues with accounts and why they might get deleted and/or removed. Final decision on violations, deletions and/or removal of any account on Site is in sole discretion of the Site. The Site will try to contact you with information on why and information on dates and other details of violations, deletions and/or removal of accounts but we are not obligated by law to do so.
E. Refunds
All accounts which have been paid for and the Subscription date of payment has passed aren’t qualified for any refunds. Refunds are only available on Subscription Accounts which are not “available to the public” and/or functional URLs, subdomains and/or any other forms of remote services, the Site offers, are not available to end Users yet.
Definition of “available to the public”: The account link has gone live and the URL link is available to the End User.
F. Cancellations
All account cancellations are handled via a written notice and/or complete account verification first. If the account can NOT be verified through our system, the account will not be cancelled from our end. Cancelling the account from your end without a 29 day notice to the Site is a breach of the Terms of Service and information herein. Please contact us to cancel your Account prior to cancellation of your payment option from third party from your end.
Please review Effect of Termination Section for further information on deleted and/or cancelled accounts.
20. Forms of Payment
In general, Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds, if such account exists; however, Paid Service Fees related to hardware, monthly Recurring Accounts, and/or other Subscription Accounts provided by Site, may only be paid by debit card or credit card. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debiting from your linked debit card or charge to your linked credit card, regardless of payment device or method.
Unless otherwise provided in these Terms of Service, Paid Service Fees will be charged on the first day of each period (cycle) after one period (cycle) after you have signed up and/or started the Subscription Service month until canceled. You may cancel a Subscription Service at any time from your Site Account settings and/or contacting us directly with proof of Account ownership to cancel your Account. If you cancel a Subscription Service, you will continue to have access to that Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Paid Subscription Fees already due or paid. We reserve the right to change our Paid Subscription Fees upon thirty (30) days’ advance notice. Your continued use of Services after notice of a change to our Paid Subscription Fees will constitute your agreement to such changes.
21. Account Refunds
Our business model is very simple and straight forward to the point that no refunds are needed. If situation arises which allows for an exception for a refund, contact us directly to discuss your account.
22. Account Status
Active
An active account is simply that; An Account that is in good standing and not in violation of any sections of these Terms of Service.
Suspended
Delayed, non-paying accounts, and/or defaulted, delayed and/or any other form of lack of payment or delayed payment, will cause in immediate suspension of whichever type of subscription and/or paid account the end user is involved in.
Contact us directly to discuss your account.
Cancelled
Cancellation of any membership is with the discretion of the Site. Contact us directly to discuss your paid membership and/or subscription.
Deleted or Removed
The Site takes its business model very serious.
If there are any violations of sections of these Terms of Service, user Account can and will be deleted without any further action, notification and/or refund, or partial refund to the paid subscriber and/or paid Account user.
And based on our discretion, the user Account and all their information can be deleted, removed, black-listed and/or reported to the proper authorities as we see fit, to improve and maintain Site’s high quality of service and products offering to the general public and/or other users, including but not limited to; links information, personal data which the Site might have, graphics, images, videos and/or any other content provided to the Site by the subscriber, paid member and/or any user who has visited or interacted with the Site or any and all affiliates of the Site.
If an Account has been deleted, there are no actions taken by the Site to forward deleted Site’s link information and/or data to the user. The information and data might be stored but only for the purpose of improvement of the Site and not for the purpose of transmission back to the user of that Site’s link.
If you have a subscription account with Site, please review these Terms of Service for more details.
23. WiZ-Link Definitions
A “Paid Link”, “WiZ-Link” and/or “Subscription Link” is a URL Path, herein defined as a one page website which has only one (1) HTML/HTM page as described within the sections of these Terms of Service.
A “WiZ-Link Subscription” as part of this Agreement is put in place between the Content Provider and the Site for purchasing and operating a WiZ-Link on the Site.
A “Protocol” or scheme of a URL indicates the method that will be used for transmitting or exchanging data. The most familiar scheme is the Hypertext Transfer Protocol (HTTP) or Hypertext Transfer Protocol Secure (HTTPS) for the transmission of HTML files. FTP (for files) and Mailto (for mails) are examples of other types of schemes. (Red)
A “URL” stands for Uniform Resource Locator. A URL is nothing more than the address of a given unique resource on the Web. The term URL is interchangeable with the term “Link”.
A “WiZ-Link URL” is the domain or host name of a URL which is a user-friendly expression of the Internet Protocol (IP) address of a website. It points to the location of the website's host server. (Green)
A “Path” is what follows the domain name inside a URL points to a specific file or other resource location. (Red)
A “HTML” (Hypertext Markup Language) is a text-based approach to describing how content contained within an HTML file is structured. This markup tells a web browser how to display text, images and other forms of multimedia on a web page. (Green)
Example: https://www.48HourPromo.com/YourWebsiteName.html
24. WiZ-Links Terms
“Paid Links” refer to Links purchased through a Subscription Account from the Site to utilize for creating; landing pages, domain sales pages and/or any other funnel formatted “single” page domain URLs for the purposes of information, education or an introduction page to another external page outside the Site and its limits of these Terms of Service, its Terms of Use, its Privacy Policy and any other terms/policies which control the functions and activities within the limits of this Site.
All sections, including Payment Terms, but not limited to, of this Terms of Service must be fulfilled before a WiZ-Link Subscription is created for the Content Provider and such permissions, as described below, are given to the Content Provider for the paid link.
Furthermore, within this Terms of Service Agreement, a WiZ-Link is NOT a sub-domain of a domain address.
25. WiZ-Link Path Address Availability
WiZ-Link Path Addresses on the Site are created for ease of navigation through the Site and its affiliates. These WLPA are not necessarily created in any particular order, e.g. alphabetical.
WiZ-Link Path Addresses are assigned technically with the understanding of: first come, first serve. If any particular category name within a directory or sub-directory of any and all WiZ-Links on the Site presently exists, you will be offered other options to create a WiZ-Link Path Address which will fit your marketing strategy and our philosophy towards your Link, if such option exists.
26. Prohibited WiZ-Links Path Addresses
A WiZ-Link Path address (“WLPA,” “Path Names”) is selected by Content Provider, unless the WLPA has already been taken, reserved, in use and/or doesn’t meet the standard Federal and/or State based regulations for a WLPA. Please refer to Your Content Section in these Terms of Service for more information on limits and availability of Path Names allowed or not permitted.
The Site reserves the right NOT to accept a Path Name selected by a Content Provider for any reason it sees fit without further investigation. The Site decision is Final.
27. Prohibited Copyrights and Trademarks
Some unavailable Path Names are obvious Path Names which already exist under their own Copyright and Trademark protections and laws, such as; Nike, Facebook or similar Path Names.
If Path Names selected which have possible Copyrights and/or Trademark(s) and Content Provider has documentation of such said Copyrights and/or Trademarks, with careful review and proper documentations, such Path Names will be allowed and accepted.
The Site reserves the right NOT to accept a Path Name selected by a Content Provider for any reason it sees fit without further investigation. The Site decision is Final.
28. Your WiZ-Links Content
If you have signed up for a Paid Link on the Site through any of www.48HourPromo.com Sites, we have designated a WiZ-Link/WiZ-Links for your Content which you have provided to us via forms, emails, and/or other electronic forms of communication, your information, data, graphics, images and/or videos was given to the Site voluntarily and was collected with your Consent. All Content provided to any of the Site, as part of the WiZ-Link Content, are public information and available for viewing to the general public. Please review E-Signature and Consent Policies for information on Consents.
We further reserve the right to use your Content to further improve the Site and its content via marketing, image galleries example, sample pages, frame shots and/or any other means to better and improve the Site. The use of a Content Provider’s Content by the Site is not limited to marketing and use on the Site only and Your Content can be used for Social Media marketing and/or third party advertising.
29. WiZ-Links Pages and Model
The “Model” for WiZ-Links is very simple:
The Site provides certain templates and options for You, the Content Provider, to display your Content on our Site, to present to the End User.
Due to fast pace industry and low cost Links for your Content, with sufficient notice, the Site reserves the right to design, delete design, rearrange, use graphics as needed, program, re-program, delete, re-name, re-locate, and/or completely remove any pages, links, sub-links, category names, categories, URL links, Site Links, and any other parts of the Site with no notice to Content Provider, End User and/or any other entities involved in the Model and/or on the Site.
30. WiZ-Link Templates and Details
All Site paid Links provided to Content Providers under a Subscription Account are pre-designed with high end graphics and copyright information and disclaimers (“Template”). Sections of the Template Can NOT be duplicated, copied and/or re-configured without express written permission from the Site.
All Templates paid Links will have a disclaimer in the footer section and it will NOT be removed. No exceptions.
For examples, please refer to a Template page on 48HourPromo.com for paid Links.
Content on Paid Links Template pages on the Site (including Site paid Link pages but not limited to) can NOT be edit and/or duplicated or changed. All access is with the Site. No exceptions. To change, edit, design, redesign and/or change any content, including images, videos, graphics and/or any other content, please contact the Site developers.
31. Other Product Categories and Payment Information
Any product category which has a payment option; subscriptions, payment plans, gifts, seasonal products and/or services, and any other forms of products or services which have a payment options, are managed through and external, secured payment collection company. These transaction based companies are NOT affiliated with the Site.
There is no payment information and/or data, personal information, communications, email addresses, physical addresses and/or any other personal user information collected through the Site Paid Links for the purpose of collecting moneys, payments and/or any other forms of funds.
32. Other Documents Incorporated within this Agreement
We recommend that as a Service Provider you review the following documents as they are part of this Terms of Service.
Content Provider License Agreement (link)
Content Provider E-Signature Consent Policy (link)
Content Provider Subscription Agreement (link)
Content Provider Opt-out Notice (link)
Interest-Based Ads and Site-Based Ads Terms and Licensing Agreement (link)
Intellectual Property Policy (link)
Application Programming Interface (link)
Terms of Use (link)
Privacy Policy (link)
Security Policy (link)
33. Modification and Termination
We may terminate these General Terms or any Additional Terms, or suspend or terminate your www.48HourPromo.com Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your www.48HourPromo.com Account. You may also terminate the General Terms and Additional Terms applicable to your www.48HourPromo.com Account by deactivating your www.48HourPromo.com Account at any time.
34. Effect of Termination
If these General Terms or your Site Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: Your Content Section, Copyright and Trademark Infringement Section, Security Section, Privacy Section, Effect of Termination Section, Ownership Section, Indemnity Section, Representations and Warranties Section, No Warranties Section, Limitation of Liability and Damages Section, Third Party Products Section, Disputes Section, Binding Individual Arbitration Section, Governing Law Section, Limitation on Time to Initiate a Dispute Section, Assignment Section, Third Party Service and Links to Other Web Sites Section, Other Provisions Section, and Feedback and Information Section.
35. Taxes
For purposes of these Terms, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
Unless otherwise expressly stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for identifying and calculating any and all Taxes required for assessment, incurred, collected, paid or withheld for your use of the Services. Unless otherwise expressly stated, you also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of the Services, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. www.48HourPromo.com specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold www.48HourPromo.com harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in these Terms to the contrary, You agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to sales, use, or similar taxes, nor do the Services hereunder provide a marketplace or similar construct, and You agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise.
Notwithstanding the foregoing, Site may charge applicable Taxes on Services, as required by law, which you agree to pay, unless you provide Site with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by Site. You agree to fully indemnify, defend and hold Site harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide Site with the correct evidence to support your exemption from such Taxes, as applicable.
www.48HourPromo.com may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of the Services. Upon request, you shall provide Site with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use Site’s Services, you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
If applicable, Site shall be entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by Site to the extent that Site remits to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these Terms and Site will not be obliged to increase or gross-up any payment on account of any withholding of Tax.
You acknowledge and agree that www.48HourPromo.com (“Site”) is not providing any Tax advice and nothing Site says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or these Terms, you should consult your own Tax or legal advisor.
36. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Free Services as authorized in these General Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.
37. Ownership
We reserve all rights not expressly granted to you in these General Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit feedback, comments or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
38. Indemnity
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your Buyer regarding www.48HourPromo.com’s processing of the/your End Users’ Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Site provides, or provided, you with payment processing services in accordance with the Terms.
39. Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these Terms.
40. No Warranties
THE USE OF “WWW.48HOURPROMO.COM” IN ANT SECTIONS WWW.48HOURPROMO.COM, ITS PROCESSORS, ITS SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WWW.48HOURPROMO.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WWW.48HOURPROMO.COM DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
The Site does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. The Site does not have control of, or liability for, goods or services that are paid for using the Services.
41. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WWW.48HOURPROMO.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, WWW.48HOURPROMO.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL WWW.48HOURPROMO.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR WWW.48HOURPROMO.COM ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WWW.48HOURPROMO.COM IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WWW.48HOURPROMO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
42. Third Party Products and Services
All third party hardware and other products and/or services included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, developer and/or programmer (“Third Party”) who is solely responsible for service and support for its product and/or service. For service, support, or warranty assistance, you should contact the Third Party directly. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND/OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
43. Disputes
“Disputes” are defined as any claim, controversy, or dispute between you and the Site, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Site that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
44. Binding Individual Arbitration
General - You and Site agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SITE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes - Before any arbitration is commenced, you or Site agrees to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Site should be sent by mail to www.48HourPromo.com, Attn: Site Service Department, PO Box 26895, Aliso Viejo, CA 92656. Any Notice sent to you will be sent to the address on file for your account if any exists. If there is no physical address on file on your account, the notice will be produced yet not mailed out. We will inform you via contact information on file, e.g. email address, that such notice exists and will request your physical address for mailing such notice. We will attempt to contact you at least two times (2 times) before we consider the communications path to be broken and consider the matter closed. Your Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that state courts in the City and County of Santa Ana, California, or federal court for the Southern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration - If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (AAA) (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum, except you and Site will have the right to file early or summary dispositive motions and to request that the AAA’s Expedited Procedures apply regardless of the claim amount. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspects thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court - Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Arbitration Procedures - The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in Santa Ana, California, at another mutually agreeable location or, if both parties agree, by telephone or videoconference. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Site values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees - In accordance with the AAA Rules, the party initiating the arbitration (either Content Provider or Site) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Site also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
Opt Out - You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Site Account or we first provide you with the right to reject this provision.
Opt-Out Notice - To receive The Opt-Out Notice, please contact us at: [email protected] notice will be forwarded to your email address on file after verifying your identity and relationship to the Site and the Account. The Opt-Out Notice will be sent in the form of a PDF. Please review communication errors under communications for any missed and/or undeliverable communications.
After receipt of The Opt-Out Notice form via your account’s communication preferences, The Opt-Out Notice form must be sent by mail to www.48HourPromo.com, Attn: Site Service Department, PO Box 26895, Aliso Viejo, CA 92656. For your convenience, we are providing an Opt-Out Notice form you must fill in to opt out. You must complete this form by providing your name, address, phone number and the email address you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the General Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Court Proceedings - Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Santa Ana, California, or federal court for the Southern District of California.
45. Governing Law
These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
46. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
47. Assignment
Unless expressly authorized by Site, these General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
48. Third Party Services and Links to Other Websites
You may be offered services, products and promotions provided by third parties and not by Site, including, but not limited to, third party developers who use Site’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Site. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Site. Such third party websites are not governed by these General Terms, Terms of Use, Privacy Policy and/or other important documents listed within these Terms of Service. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
49. Third-Party Beneficiaries
No provision in these General Terms and any applicable Additional Terms are intended or shall create any rights with respect to the subject matter of these General Terms, and any applicable Additional Terms in any third party.
50. State-Specific Privacy Terms
If you are a “Business” as defined by the California Consumer Privacy Act of 2018 (“CCPA”), or are a “Controller” subject to the Colorado Privacy Act, Connecticut’s An Act Concerning Personal Data Privacy And Online Monitoring, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively, “State Privacy Laws”), then this provision, in “State-Specific Privacy Terms” section, applies to you. For purposes of this Section, “Process”, “Sell”, and “Business Purpose(s)” have the meaning ascribed to them by the State Privacy Laws.
a) For purposes of this Section 28, “Buyer Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Site in connection with its Services to you. Buyer Personal Information does not include any information Site receives about your customers (“Buyers,” “Users,” and/or “Participants”) for purposes of Site’s digital receipt, customer directory and email marketing tools. It does include information that your Buyer has provided you through Site Scheduling Options, Calendar Options, Forms, Site Invoices, or to receive Loyalty-related or promotional text messages.
b) We may receive Personal Information from Buyers for the purpose of performing Services on your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other Applicable Terms of Service referenced above, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Site may (i) de-identify or aggregate the Buyer Personal Information; (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations.
c) We reserve the right to delete Personal Information stored pursuant to these General Terms in the ordinary course of business, pursuant to our retention schedules.
51. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the Agreement between you, Content Provider and www.48HourPromo.com, the Site, regarding the Services. In the event of a conflict between these General Terms and any other Site agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
52. Feedback and information
Any feedback you provide to this Site shall be deemed to be non-confidential. Site shall be free to use such information on an unrestricted basis.
The information contained on this Site is subject to change without notice.
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48HourPromo.com
26895 Aliso Creek Road
Suite 229
Aliso Viejo, CA 92656, USA