TERMS AND CONDITIONS OF SERVICE

PRIVACY POLICY

Last updated August 13, 2019

ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE

Comp’d LLC d/b/a compd ("*compd", "we" or "us") is an experiential marketing service facilitating digital samplings and providing, or providing access to, certain services, programs, promotions and/or discounts on or through our website, compdpromo.com, and our mobile application(s), (together with any related websites and mobile services operated by *compd, the "Service" or the "*compd Service"). By using our Service, regardless of how you access it, by computer, or through a mobile phone or other wireless or internet enabled device (each a "Device") or otherwise, you agree to the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions govern your access to and use of the Service and any associated Content (as defined below) and Software (as defined below). *compd” may revise these Terms and Conditions at any time by updating this posting. Additionally, *compd may require you to abide by additional terms and conditions in order for you to access and participate in programs, promotions, and discounts. In addition, when using particular features on or through the Service and/or when participating in particular programs, promotions, or discounts, you shall be subject to any posted policies and guidelines applicable to such features, programs, promotions, and discounts, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE USING OR PROCEEDING TO ACCESS THE SERVICE. BY ACCESSING AND USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE OR REGISTER FOR ANY PROGRAMS, PROMOTIONS OR DISCOUNTS AVAILABLE THROUGH THE SERVICE. The Terms and Conditions also incorporate the terms of *compd’s privacy and data use policy (“Privacy Policy”), which demonstrates *compd’s commitment to disclose to you how *compd may collect, use and share your information, and to inform you of your options with respect to such sharing. The Privacy Policy appears later in these Terms and Conditions and also can be accessed at https://compdpromo.com/privacy-policy. We encourage you to read the language of the Privacy Policy carefully and to let us know if you have questions by contacting us at contact@compdpromo.com. You should not use the Service or register for any programs, promotions or discounts available through the Service, if you disagree with, or have any concerns about, the Privacy Policy.

If you have any questions or concerns regarding the Terms and Conditions, please let us know by emailing us at contact@compdpromo.com.

ELIGIBILITY

The Service may enable you to access programs, promotions and discounts offered by our clients, partners and vendors (collectively, “Associated Parties”).

Use of the Service is void where prohibited. IN ADDITION, YOU MUST BE AN INDIVIDUAL OF 21 YEARS OF AGE OR OLDER TO REGISTER FOR ANY PROGRAMS, PROMOTIONS OR DISCOUNTS AVAILABLE THROUGH THE SERVICE. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms and Conditions.

PROPRIETARY RIGHTS

The Service and all content (“Content”) thereon, including without limitation, the trademarks, logos and service marks (“Marks”), and the programs, promotions and discounts accessed via, displayed on, and/or provided through, the Service are the property of *compd and the Associated Parties. You are prohibited from using any Content, including without limitation, Marks, for any purpose without the written permission of *compd and the Associated Parties that own Content, including, without limitation, Marks. All information, materials and Content including, without limitation, any Marks, text, photographs, audio, video, illustrations, QR codes and other codes (including, without limitation, discounts or promotional codes) made available by us and/or the Associated Parties on or through the Service and all software and code (the “Software”) accessed or used by you or made available or by us and/or the Associated Parties on or through the Service, are protected by copyright and are the property of *compd and the Associated Parties. You acknowledge that *compd and the Associated Parties retain exclusive proprietary rights in the Service, the Content and the Software. You are prohibited from modifying, disassembling, reverse-engineering, creating derivative works of, downloading, copying, distributing, or redistributing (including by caching, framing or similar means), transmitting, selling, retransmitting, reselling, displaying, publishing, selling or licensing the Service, any Content or Software or otherwise making it available in any manner to any third party.

REGISTERING FOR PROGRAMS, PROMOTIONS AND DISCOUNTS

Registering to participate in a program, promotion or discount available through the Service requires your email address, name, phone number, and zipcode. You may be asked for additional information as well. *compd reserves the right to terminate or reject a registration for any reason or for no reason. 

RESTRICTIONS ON USE OF THE SERVICE

Your access to and use of the Service is subject to all applicable international, federal, state and local laws and regulations. You may only use the Service, including any Content (including, without limitation, Marks) and Software for your personal use as and to the extent permitted under these Terms and Conditions and not for commercial, public or any other purpose. You shall not use or permit anyone to use the Service, Content or Software for any unlawful or unauthorized purpose (including without limitation, to transmit spam, viruses or other unlawful or harmful messages, codes, or files) and you are not authorized or permitted to furnish the Service, Content or Software to any person or firm for reuse or re-transmission without prior written approval of *compd and any other source of the Service, such Content or Software.

CONTENT

Content on the Service is believed to be reliable, but we do not warrant the accuracy, completeness, or timeliness of the Service or the Content or the availability of programs, promotions or discounts. Copying and reuse of the Service and/or Content is prohibited without express written permission by *compd and all parties that have proprietary interests therein. Additionally, copying and reuse may be unlawful for reasons beyond infringement. IN NO EVENT SHALL *compd OR OTHER THIRD PARTIES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INACCURACIES, ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS, INCOMPLETENESS OR DELAYS IN THE SITE, THE SERVICE OR CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), AND/OR ANY PROGRAMS, PROMOTIONS, OR DISCOUNTS, AND ACCESS THERETO OR THE PROVISION THEREOF. The Service, Content, Software and the availability of programs, promotions and discounts are subject to change without notice.

NO WARRANTIES; NO LIABILITY; LIMITATIONS

NEITHER *compd NOR ANY THIRD PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, AVAILABILITY OF PROGRAMS, PROMOTIONS OR DISCOUNTS, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, RESULTS TO BE ATTAINED, OR FITNESS OF A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND THAT THE SERVICE, CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS, AND DISCOUNTS, AND SOFTWARE AND ALL COMPONENTS THEREOF, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS SUBJECT TO THESE TERMS AND CONDITIONS, AND THAT YOUR USE OF THE SERVICE, CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS AND DISCOUNTS, AND SOFTWARE, AND YOUR PARTICIPATION IN PROGRAMS, PROMOTIONS AND DISCOUNTS, IS AT YOUR OWN RISK. *compd MAKES NO WARRANTY THAT ALL ERRORS, FAILURES, OR DEFECTS SHALL BE CORRECTED, OR THAT ACCESS TO, OR USE OF, THE SERVICE OR CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS AND DISCOUNTS, AND YOUR PARTICIPATION IN PROGRAMS, PROMOTIONS, AND DISCOUNTS, SHALL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. 

IN NO EVENT WILL *compd OR ANY ASSOCIATED PARTY PROVIDING OR OFFERING CONTENT (INCLUDING, BUT NOT LIMITED TO, MARKS), PROGRAMS, PROMOTIONS AND DISCOUNTS, THE SERVICE OR SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY AND/OR THE COLLECTION, USE, AND/OR SHARING OF PERSONAL DATA OR NON-PERSONAL DATA, OR OTHER INFORMATION, THE SERVICE, CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS AND DISCOUNTS, OR SOFTWARE OR YOUR PARTICIPATION IN PROGRAMS, PROMOTIONS OR DISCOUNTS, IN AN AGGREGATE AMOUNT EXCEEDING TEN DOLLARS ($10). IN NO EVENT WILL *compd OR ANY ASSOCIATED PARTY PROVIDING OR OFFERING CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS OR DISCOUNTS, THE SERVICE OR SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF *compd OR ANY THIRD PARTY PROVIDING THE SERVICE, CONTENT (INCLUDING, WITHOUT LIMITATION, MARKS), PROGRAMS, PROMOTIONS OR DISCOUNTS, OR SOFTWARE WAS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless *compd and all Associated Parties and their respective parents, subsidiaries, affiliates, officers, directors, employees and agents providing the Service, Content and/or Software or otherwise offering programs, promotions and discounts, from and against any claim or demand, including attorneys’ fees, made by you or any third party due to or arising out of (i) your use of (including, but not limited to, participation in,) the Service, Content, Software, and/or any program, promotion or discount, (ii) the violation of these Terms and Conditions by you, or (iii) the infringement by you of any intellectual property or other right of any person or entity.

MODIFICATION OF TERMS AND CONDITIONS 

*compd reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms and Conditions at any time by posting such modified versions on the Service. You agree to monitor regularly the Terms and Conditions as they appear on the Service. Should you object to any modifications to the Terms and Conditions or become dissatisfied with the Service or Content in any way, your only recourse is to immediately discontinue use of the Service and Content (including, but not limited to, your participation in programs, promotions, and discounts). Your continued use of the Service or Content after the posting of any modified versions shall constitute your agreement to be bound by the modified Terms and Conditions.

TERMINATION

You agree that your use of the in the Service and Content is voluntary, personal, non-transferable and subject to your compliance with these Terms and Conditions. *compd may, in its sole discretion, without advance notice, discontinue the Service and the provision of Content, programs, promotions, and/or discounts. IN NO EVENT SHALL *compd OR ANY ASSOCIATED PARTY PROVIDING THE SERVICE, CONTENT, PROGRAMS, PROMOTIONS, OR DISCOUNTS OR SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF THE SERVICE, OR PROVISION OF CONTENT, PROGRAMS, PROMOTIONS, OR DISCOUNTS.

EQUITABLE REMEDIES

You acknowledge and agree that any unauthorized use or disclosure by you of the Service, or its Content (including, without limitation, Marks), or any other infringement or violation of *compd’s or an Associated Party’s intellectual property rights, shall cause such party irreparable injury for which such party could not be fully compensated by money damages. You agree that, in the event of such a violation, such party would be entitled to seek and recover (in addition to any other available remedies) preliminary, temporary and permanent injunctive relief without the necessity of posting bond or security, and further that such party would be entitled to recover from you its attorneys' fees and costs incurred in seeking and obtaining such relief.

HYPERLINKS

The Service may include hyperlinks to websites owned or operated by third parties. *compd is not responsible for the content or availability of such other websites, and shall not be responsible or liable for any loss, damage, liability, or expense incurred in connection with the use of, or reliance on, such sites.

LAWS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree that by accepting these Terms and Conditions and accessing and/or using the Site, Services or Content, you are transacting business in the State of New York, and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms and Conditions or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of New York, New York County, and you consent to personal jurisdiction and venue in any such court and agree that such courts have exclusive jurisdiction and venue with respect to any and all matters arising, directly or indirectly from your access to and use of the site and/or any matter relating to these Terms and Conditions; provided that *compd may seek temporary, preliminary and permanent injunctive relief or other equitable remedies in any court having jurisdiction over you and further provided that we may enforce an order or judgment of a State or Federal Court of New York (including any appellate courts in any other court having jurisdiction over you). In the event it is held that jurisdiction or venue is lacking in the courts of the State of New York, New York County, an action may then be commenced in any other court having proper jurisdiction under applicable statutes and court rules. 

FEEDBACK ABOUT THE SERVICE

*compd welcomes receiving feedback about the Service and Content. Please send us your comments via email to contact@compdpromo.com. The content of any comments, suggestions, questions, information, and feedback received by *compd shall be deemed non-confidential. Any comments or materials sent to *compd through the Service, including all feedback, questions, comments, and suggestions shall become the sole property of *compd and *compd may use any such feedback for any and all purposes without any compensation to you.

ADDITIONAL TERMS APPLICABLE TO MOBILE DEVICE USE

If you are accessing the Service through an app on your mobile device, then the following additional terms and conditions are applicable to you and are incorporated into these Terms and Conditions:

●       You acknowledge that these Terms and Conditions are entered into between you and *compd and, that app providers (collectively, the “App Providers”) are not a party to these Terms and Conditions other than as third-party beneficiary as contemplated below.

●       You are also subject to the terms and conditions of the App Provider.

●       You acknowledge that *compd, and not the App Providers, are responsible for providing the Service and the Content thereof.

●       You acknowledge that the App Providers have no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.

●       To the maximum extent permitted by applicable law, the App Providers will have no warranty obligation, indemnity obligation, or any other obligation whatsoever with respect to the Service, the Software, and the Content and the App Providers shall have no liability whatsoever.

MISCELLANEOUS

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action by you regarding these Terms and Conditions or your use of the Service, Content, or Software must be brought within one year of when the alleged incident or breach occurred. The failure to timely bring any such claim shall constitute a bar to asserting such claim. The section titles in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.

COPYRIGHT

*compd claims a copyright to Service, Content and Software. You may use the Service, Content and Software only for personal informational purposes. If you wish to use the Service, Content and Software for any other purposes, you must have the express written consent of *compd to do so.