- Permitted Uses
The Site provides an interactive online and offline marketplace operated by CityLyncBIZ, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) and placing orders for goods or services to be provided by the Merchants. Orders may be placed by CityLyncBIZ account holders and the goods or services will be provided by the Merchant identified in the offer. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
- If you elect to create an account:
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
- You represent that you have the right to provide any and all information you submit to or post within the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.
- Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Site. CityLyncBIZ retains the right at our sole discretion to deny service, or access to the Site, to anyone or any account, at any time and for any reason.
- Ownership of the Site
All software and source code included within or otherwise associated with the Site shall, as between you and CityLyncBIZ, remain owned solely and exclusively by CityLyncBIZ. The content and information on this Site as well as the software and infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
- Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with CityLyncBIZ and the Site while it is being transmitted. In addition, CityLyncBIZ is not responsible for any data lost during transmission.
- Your Conduct on our Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your CityLyncBIZ account;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration, of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by CityLyncBIZ;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly, with CityLyncBIZ;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site end users, visitors, Merchants or other business partners of CityLyncBIZ to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with CityLyncBIZ, including without limitation, aggregating current or previously offered deals;
- Using any end user or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits when purchasing items or otherwise using any CityLyncBIZ account to purchase goods or services for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
- Accessing, monitoring or copying any content or information from this Site, or using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any offer) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of CityLyncBIZ, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
- Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If we determine that you commit fraud or falsify information in connection with your use of the Site or in connection with your CityLyncBIZ account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
- Terms of Sale
Orders you purchase through our Site or at a CityLyncBIZ event are offers that you purchase from participating Merchants through our service. The purchases are for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the offer. The Merchant is solely responsible for fulfilling the order. The Merchant is the issuer of the offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or not. You waive and release CityLyncBIZ and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to (i) any act or omission of a Merchant in connection with your use of an offer or the services/goods it provides in connection with it, (ii) any food or drinks purchased from or otherwise provided by any Merchant, and/or (iii) any failure by the applicable Merchant to fulfill its obligations towards you relating to any offer or other transaction agreed between you and a Merchant.By purchasing any offer you agree to the terms of this Agreement and the terms on the offer itself and any additional, offer specific terms at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all offers made available through the Site or that we otherwise make available, unless a particular offer’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an offer’s fine print, the offer’s fine print will control.CityLyncBIZ is a service provider for the Merchant identified on the offer and the Merchant is the sole issuer of the offer. Descriptions of the products or services advertised on the Site are provided by the Merchants or other referenced third parties. CityLyncBIZ is not responsible for any performance or quality claims associated with product or service descriptions.
Merchants may advertise services on the Site that may require an up-to-date regulatory authorization, license or certification. CityLyncBIZ does not verify, validate or collect evidence of any regulatory authorization, license or certification from any Merchant, and does not otherwise endorse any Merchant. You are solely responsible for investigating each Merchant before purchasing any such Merchant’s offers to determine if a Merchant is qualified to deliver or perform the advertised good or service. Merchant is solely responsible for the care and quality of goods and services being provided.
Notwithstanding the foregoing, if a Merchant or venue refuses to honor any offer, CityLyncBIZ will, as its sole and exclusive obligation regarding same, refund the amount paid in connection with such offer upon written request, in the original form of payment. Need a refund or have a question? Email CityLyncBIZ at firstname.lastname@example.org. Offers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of offers is prohibited.
- Coupons have an expiration date listed on the coupon.
- Only one coupon per customer per meal can be redeemed.
- Each coupon can only be used one time. Photocopied, altered or fraudulent coupons will not be accepted.
- Coupons have no cash value.
- Vouchers never expire.
- Redemptions that amount to less than the face value of the voucher are eligible for cash back from the CityLyncBIZ Merchant.
- Vouchers are refundable for their full face value less a 10% processing fee provided that the refund is requested prior to redemption (whether in whole or in part). Refund requests should be sent to email@example.com.
- Vouchers are subject to a 5% non-refundable service fee at time of purchase.
- CityLyncBIZ is not responsible for lost or stolen vouchers that are redeemed by an unauthorized party.
- Photocopied, altered or fraudulent vouchers will not be accepted. If a voucher is used more than one time then the additional uses plus a 25% service fee will be charged to the original purchasing user.
- Modification of this Agreement
- Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER CITYLYNCBIZ, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CITYLYNCBIZ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability.
Both you and CityLyncBIZ agree to make reasonable efforts to resolve any disagreements that you have with CityLyncBIZ. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against CityLyncBIZ arising out of, relating to, or connected in any way with this Agreement, this Site or any purchase(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and CityLyncBIZ; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or CityLyncBIZ ‘s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CityLyncBIZ will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor CityLyncBIZ shall be entitled to arbitrate the applicable dispute.
- Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You agree to defend, indemnify and hold harmless CityLyncBIZ, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or CityLyncBIZ ‘s services or any use of the Site in violation of these Terms.You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release CityLyncBIZ from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a CityLyncBIZ agreement, and any conduct or speech, whether online or offline, of any other user.
You agree to treat as confidential all confidential information of CityLyncBIZ, not to use such confidential information for any purpose other than to the limited extent necessary to use the Site and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which you use to prevent the disclosure of your own confidential information of like importance to prevent the disclosure of confidential information disclosed by or otherwise made available by CityLyncBIZ, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
- Choice of Law.
- Additional Disclosures.
No waiver by either you or CityLyncBIZ of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. CityLyncBIZ shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
CityLyncBIZ is located at 400 N. Ashley Drive, Suite 200, Tampa, FL 33602.