Terms of Service

This Terms of Use Statement ("Statement") describes the policy adhered and enforced by "We Are Community" and our affiliate non-profit organization "We Are Community Foundation," for electronic services provided and the use of web and mobile sites produced and managed by We Are Communities (collectively referred to as "Site" or "web sites"). "We Are Community Inc" is a California corporation and "We Are Communities Foundation" is a non-profit 501(c)(3) Tax ID #35-2283769. The terms "we", "us" and "our" are used interchangeable regarding "We Are Community." "End User" or "you" may be referred to throughout these Terms of Use individually as a "Party" and collectively as the "Parties".

Your use of the We Are Communities web sites acknowledges your acceptance to agree and abide to these Terms of Use ("Terms of Use"). These Terms of Use are our "rules of the road" for accessing and using the Site and other We Are Communities websites. These conditions are important, apply to all consumers, businesses, merchants, and users browsing the Site. The Terms of Use statement contains many legal disclosures that you should read carefully.

I. Applicability

These Terms of Use specifically apply to your use of websites, mobile sites, applications, and electronic service that is accessed or products, deals, and vouchers that are purchased by any individual purely for personal, household, or family use or consumption from the Site. If you become a member of We Are Communities, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. We Are Communities reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. This Terms of Use and our Privacy Statement govern the scope of the relationship between us and the Parties.

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) THAT MIGHT EXIST BETWEEN YOU AND WE ARE COMMUNITIES. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL

II. Acceptance of Terms of Service

We Are Communities operates the Site. By using the Site, any service provided through the Site, or any extension of our site (for example, our mobile sites and applications) that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY WE ARE COMMUNITIES SERVICE OFFERED THROUGH THE SITE.

III. Permitted Uses

The Site provides information and a wide range of content primarily used for the promotion and marketing of our business partners. Our business partners have the ability to directly up-load and post content visible on the Site. Therefore, We Are Communities is not responsible for the quality, accuracy of information, or merchantability of products and services posted on the Site. We provide a service to help businesses effectively advertise its goods and services to new and existing customers through the We Are Communities platform. As a condition of your use of the 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 the Site will at all times comply with these Terms of Use.
  • • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it.
  • • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete.

IV. 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. We Are Communities retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

V. Ownership of the Site

The content and information on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

VI. 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 can't be, and are not responsible for, the security of information that you choose to communicate with We Are Communities and the Site while it is being transmitted. In addition, We Are Communities is not responsible for any data lost during transmission.

VII. Your Conduct on Our Sites

The Site and other websites operated by We Are Communities that is available to End Users is private property (collectively, the "We Are Communities Sites"). All interactions on the We Are Communities Sites must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the We Are Communities Sites, we may limit your privileges on the Site and seek other remedies.

Please Do Not Engage in Any of the Following Activities

They are prohibited on the We Are Communities Sites and constitute express violations of these Terms of Use:

  • • Submitting any purposely inaccurate information, committing fraud or falsifying information;
  • • 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 We Are Communities Sites 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 We Are Communities Sites and any and all functions and services provided by We Are Communities;
  • • 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 We Are Communities Sites;
  • • Using the We Are Communities Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with We Are Communities, without our prior written consent;
  • • Posting any foul, vulgar, or socially unacceptable statements or pictures on our Sites;
  • • Reselling or repurposing your access to the We Are Communities Sites;
  • • Using the We Are Communities Sites or any of its resources to solicit We Are Communities customers, merchants or other business partners of We Are Communities to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with We Are Communities, including without limitation, aggregating current or previously offered deals;
  • • Using any We Are Communities customer or merchant information that is not your information from the We Are Communities Sites for any commercial purpose, including, but not limited to, marketing;
  • • Accessing or attempting to access a merchant, vendor, or business on our web site that you are not associated with or have been granted permission to access;
  • • Offering deals or specials or otherwise using any We Are Communities account to offer vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and We Are Communities;
  • • Accessing, monitoring or copying any content or information from any We Are Communities Sites 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 any We Are Communities Sites or bypassing or circumventing other measures employed to prevent or limit access to the We Are Communities Sites;
  • • 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) supporting the We Are Communities Sites;
  • • Aggregating any live or post-feature content or other information from the We Are Communities Sites (whether using links or other technical means or physical records associated with purchases made through the We Are Communities Sites) with material from other sites or on a secondary site without our express written permission.
  • • Deep-linking to any portion of the We Are Communities Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
  • • Acting illegally or maliciously against the business interests or reputation of We Are Communities or any of our partners or merchants on our site; or
  • • Hyperlinking to the We Are Communities Sites from any other website without our initial and ongoing consent.

VIII. Modification of These Terms of Service

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

IX. Copyright and Trademarks

Everything located on or in the We Are Communities Sites is the exclusive property of We Are Communities or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE WE ARE COMMUNITIES SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF WE ARE COMMUNITIES IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The We Are Communities Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the We Are Communities Sites are protected by copyright as a collective work under the United States copyright laws. We Are Communities owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of We Are Communities or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

We Are Communities is a trademark of We Are Communities, Inc. It, together with other trademarks that are located within or on the We Are Communities Sites otherwise owned or operated in conjunction with We Are Communities, shall not be deemed to be in the public domain but rather the exclusive property of We Are Communities, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of We Are Communities unless otherwise stated.

You will not upload, post or otherwise make available on the We Are Communities Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We Are Communities does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the We Are Communities Sites, you warrant that the owner of such material has expressly granted We Are Communities the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User's personal use. You also grant We Are Communities the right to edit, copy, publish and distribute any material that you make available on the We Are Communities Sites.

X. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

We Are Communities reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the We Are Communities Sites by an End User in a way that constitutes copyright infringement, you shall provide We Are Communities with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the We Are Communities Sites of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact information for We Are Communities for notice of claims of copyright infringement is: We Are Communities, Inc., Attn: Copyright Agent, 1910 S. Archibald Ave., Suite I, Ontario, CA 91761; or your claim can be emailed to support@WeAreCommunities.com.

XI. Unsolicited Ideas

We do not accept or consider, directly or through any We Are Communities employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("unsolicited materials"). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • • We Are Communities has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
  • • We Are Communities will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

XII. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE ARE COMMUNITIES, 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 THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE COMMUNITIES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

XIII. Limitation of Liability

IN NO EVENT SHALL WE ARE COMMUNITIES, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WE ARE COMMUNITIES SITE OR THESE TERMS OF USE.

XIV. Communications and Marketing

We Are Communities may allow you to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the We Are Communities Sites from time to time (collectively "Communities"). We Are Communities shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by We Are Communities, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, We Are Communities shall have the right, but not the obligation, to remove any material from the Communities that We Are Communities, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of We Are Communities.

You may have the opportunity to request additional information about We Are Communities services, register for announcements, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us to send you postal and/or electronic communications (e.g., emails, SMS) with information about We Are Communities and our business partner's products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research. For additional information regarding how we protect your information, refer to our Privacy Statement.

XV. Websites of Others

The Site may contain links to websites maintained by other parties not affiliates with We Are Communities. 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.

XVI. Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of We Are Communities services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. We Are Communities does not control or endorse any Statements, whether written or graphical, found in any part of the Sites, and we specifically disclaim any liability concerning the Statements and any actions resulting from your participation in any part of the Sites, including any objectionable content. Any and all Statements you post to the We Are Communities Sites are not confidential.

XVII. License Grant

By posting Statements or other information or content on or through the Sties, you grant We Are Communities a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

XVIII. Indemnification/Release

You agree to defend, indemnify and hold harmless We Are Communities, 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 provided by you in connection with the We Are Communities Sites, your Statements, or any use of the Site in violation of these Terms of Use. You are solely responsible for your interactions with your customers and other users of the We Are Communities Sites. To the extent permitted under applicable laws, you hereby release We Are Communities from any and all claims or liability related to any product or service you make or offer to End Users, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a We Are Communities, and any conduct or speech, whether online or offline, of any other user or merchant.

XIX. Choice of Law; Forum

Any disputes arising out of or related to these Terms of Use and/or any use by you of the We Are Communities Sites or We Are Communities services shall be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles. You and We Are Communities irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles, California, USA, for all proceedings in court under these Terms of Use.

XX. Additional Disclosures

No waiver by either you or We Are Communities of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of We Are Communities, its subsidiaries, affiliates, business advertisers, partners, vendors and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

We Are Communities will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond We Are Communities reasonable control.

Inquiries regarding We Are Communities Sites should be directed to support@wearecommunities.com