Terms of Use
These Terms of Use were last updated on April 13th, 2017
General:
The Regulars ("The Regulars" "we" or "us" or "our"), a product under the sole ownership of Plentyy, Inc., owns and operates the website, www.theregulars.com, as well as the web, mobile, tablet, and touch apps. All of these components (collectively "The Site") are subject to the Terms of Use. By using the Site and The Regulars' services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, located at http://www.theregulars.com/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality. If you have any questions about the Terms of Use, please contact us here: info@theregulars.com.


ACCEPTANCE OF TERMS OF USE

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY PLAN OR SERVICE FROM THE REGULARS, PARTICIPATE IN ANY PROGRAM, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
These Terms of Use are organized as follows:
  • About the Site
  • Ownership of the Site
  • Sharing Your Content and Information
  • Safety & Conduct
  • Protecting Other People's Rights
  • Conditions on Use of the Site
  • Access to the Site
  • Modification
  • Your Account
  • Your Privacy
  • Terms of Referral
  • Copyright and Trademarks
  • User Content
  • Unsolicited Idea
  • Limitation of Liability
  • Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
  • Disclaimer of Warranty
  • Electronic Communications
  • Websites of Others
  • Indemnification/Release
  • Force Majeure
  • Assignment
  • Entire Agreement
  • Choice of Law
  • Dispute Resolution
  • Special Provisions Applicable to Software
  • Amendments
  • Other
1. About the Site
The Site is primarily a web and mobile social messaging platform. On it, users can either produce or consumer digital content that is appropriate for messaging. As "broadcasters," users can create their own messaging channels, and invite their network to join their channels as "Regulars" (i.e. followers).
2. Ownership of the Site
The Site, any content on the Site, and all the infrastructure used to provide the Site are proprietary to The Regulars (via Plentyy, Inc.), and to the respective the content providers on the Site. By using the Site and accepting these Terms of Use: (a) The Regulars grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by The Regulars; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or resell any content, software, products or services obtained from or through the Site without the express permission of The Regulars.
3. Sharing Your Content and Information
You own all of the content and information you post on The Regulars, and you can control how it is shared through your privacy settings. In addition:

3.1 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Regulars (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it

3.2 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3.3 When you use an application or associated program of The Regulars, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

3.4 When you publish content or information using the Public setting on The Regulars, it means that you are allowing everyone, including people off of The Regulars, to access and use that information, and to associate it with you (i.e., your name and profile picture).

3.5 We always appreciate your feedback or other suggestions about The Regulars, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
4. Safety & Conduct
We do our best to keep The Regulars safe, but we cannot guarantee it. We need your help to keep The Regulars safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on The Regulars.

  2. You will not collect users' content or information, or otherwise access The Regulars, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on The Regulars.

  4. You will not upload viruses or other malicious code.

  5. You will not solicit login information or access an account belonging to someone else.

  6. You will not bully, intimidate, or harass any user.

  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  8. You will not post content that has the effect of impersonating others.

  9. You will not post content that contains messages by non-spokesperson employees of The Regulars purporting to speak on behalf of The Regulars or provides confidential information concerning The Regulars;

  10. You will not post content that contains chain letters of any kind

  11. You will not post content that is purposely inaccurate, commits fraud or falsifies information in connection with your The Regulars account or to create multiple The Regulars accounts; or is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

  12. You will not try to:

    1. Access data not intended for you, such as logging into a server or an account which you are not authorized to access;

    2. Scan or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;

    3. Scan or test the security or configuration of the Site or to breach security or authentication measures; or

    4. Interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, "flood," "spam," "mail bomb" or "crash" the Site.

  13. You will not attempt to use any of the following:

    1. Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;

    2. Any Site content, including without limitation User Content (defined below), in any meta tags or any other "hidden text" techniques or technologies without our express written permission;

    3. The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with The Regulars; or

    4. The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with The Regulars, including, without limitation, aggregating current or previously offered deals.

  14. You will not develop or operate a third-party application containing alcohol-related, dating or other sexually explicit or otherwise mature content (including advertisements) without appropriate age-based restrictions.

  15. You will not use The Regulars to do anything unlawful, misleading, malicious, or discriminatory.

  16. You will not do anything that could disable, overburden, or impair the proper working or appearance of The Regulars, such as a denial of service attack or interference with page rendering or other The Regulars functionality.

  17. You will not facilitate or encourage any violations of this Statement or our policies.

  18. You will not violate applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation)

  19. You will not attempt to access, monitor, or copy any content from the Site using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;

  20. You will not violate the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site

  21. You will not aggregate any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on The Regulars that infringes or violates someone else's rights or otherwise violates the law.

  2. We can remove any content or information you post on The Regulars if we believe that it violates this Statement or our policies.

  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

  5. You will not use our copyrights or Trademarks or any confusingly similar marks without our prior written permission.

  6. If you collect information from users, you will: obtain their consent, make it clear you (and not The Regulars) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

  7. You will not post anyone's identification documents or sensitive financial information on The Regulars.

  8. You will not tag users or send email invitations to non-users without their consent. The Regulars will be offering social reporting tools to enable users to provide feedback about tagging.
6. Conditions on Use of the Site
As a condition of your use of the Site, you agree that:
  • You are at least 13 years of age to use the Site;
  • Your use of the Site will at all times comply with these Terms of Use;
  • You are able to create a binding legal obligation;
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
  • You will will not in any way post unsafe material (See "Safety" above) You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete;
  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • You will only participate on the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.
7. Access to the Site
The Regulars retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
8. Modification
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to Merchant Offerings or Products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.
9. Your Account
You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation; and (b) opt-out of persistent login. You understand and agree that The Regulars shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account will expire and you will lose any The Regulars currency, services, perks or associated value earned through a Promotional Activity if your account is not maintained with current information, including a valid credit card.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current or future promotional account credits and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. 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 use.

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to Merchant Offerings or Products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.
11. Special Programs
By participating in special programs offered by The Regulars, you agree to these Terms of Use and the additional terms of each program available here.
12. Copyright and Trademarks
The Site 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 Site are protected by copyright, trademark and other intellectual property laws of the United States. The Regulars 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, distribute, publish, transmit, publicly display, publicly perform, 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 downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of The Regulars or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or 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. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on the Site 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. The Regulars 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.

The Regulars owns trademarks, registered and unregistered, in many countries and "The Regulars," the The Regulars logos and variations thereof found on the Site are trademarks owned by Plentyy, Inc. or its related entities and all use of these marks inures to the benefit of The Regulars. Other marks on the site not owned by The Regulars may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of The Regulars unless otherwise stated, or may be the property of their respective owners. You may not use The Regulars' name, logos, trademarks or brands without The Regulars' express permission.
13. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site. You may be required to have a The Regulars account to submit User Content.

If you contribute any User Content, you represent and warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

The Regulars shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by The Regulars, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Regulars shall have the right to remove any material from the Communities or any other The Regulars controlled sites, in its sole and absolute discretion. The Regulars assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. The Regulars has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. The Regulars makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

You understand and agree that User Content is public. Any person (whether or not a user of The Regulars's services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. The Regulars is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.

Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by The Regulars. Other users may post User Content that is inaccurate, misleading or deceptive. The Regulars does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of The Regulars. The Regulars does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.

Some User Content you submit to The Regulars may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant The Regulars a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, The Regulars shall have no obligation to use your Personal Information in connection with any User Content.

As between you and The Regulars, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant The Regulars a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. The Regulars's license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals over 13 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least 13 years old. If you are under 13 years old, please notify us and we will take action.
14. Unsolicited Ideas
We do not accept or consider, directly or through any The Regulars 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:

The Regulars has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and The Regulars will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
15: Copyright Policy and Digital Millennium
Copyright Act (DMCA) Procedures
The Regulars reserves the right to terminate your or any third-party's right to use the Site if such use infringes the copyrights of another. The Regulars may, under appropriate circumstances and at its discretion, terminate your or any third-party's right to access to the Site, if The Regulars determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to The Regulars's attention, you must provide The Regulars's DMCA Agent identified below 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 Site 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 email 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.

The contact information for The Regulars's DMCA Agent for notice of claims of copyright infringement is: Plentyy, Inc. Attn: Copyright Agent: info@theregulars.com
16. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF The Regulars, ITS SUBSIDIARIES OR AFFILIATES OR 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, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, The Regulars HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
17. Limitation of Liability
IN NO EVENT SHALL The Regulars, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, 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: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR (E) THESE TERMS OF USE. IN NO EVENT WILL THE REGULARS' (PLENTYY, INC.) LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Electronic Communications
When you use the Site or send emails to The Regulars, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
19. 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. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
20. Indemnification / Release
You agree to defend, indemnify and hold harmless The Regulars, its subsidiaries and 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: (a) any Offerings or Products accessed by you through the Site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.

You are solely responsible for your interactions with other users of the Site. To the extent permitted under applicable laws, you hereby release The Regulars from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
21. Force Majeure
The Regulars shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of The Regulars.
22. Assignment
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of The Regulars. Any attempted assignment that does not comply with these Terms of Use shall be null and void. The Regulars may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
23. Entire Agreement
The Terms of Use, including the incorporated Terms of Sale, Privacy Statement and other terms incorporated by reference, constitutes the entire agreement and understanding between you and The Regulars with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and The Regulars with respect to such subject matter.
24. Choice of Law
Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or The Regulars's services shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.

If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or The Regulars's services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. The Regulars and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
25. Dispute Resolution
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and The Regulars arising out of, or relating in any way to, the Terms of Use, the Site or your use of the Site, or any Products, Merchant Offerings or services offered or distributed through the Site ("Disputes") shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement (defined below), you and The Regulars are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and The Regulars's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Agreement"). Any modification to this Agreement shall be in writing and signed by you and The Regulars. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 24(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to info@theregulars.com. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The Regulars will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, The Regulars will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in San Francisco, CA, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in San Francisco County, CA; (ii) you and The Regulars irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and The Regulars agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and The Regulars agree to waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's intellectual property or any conduct that violates Section 7 ("Your Conduct") of the Terms of Use.

(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

(f) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

25. License to Sell Travel Services

No waiver by either you or The Regulars 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 Terms of Use. 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 our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.

You are contracting with Plentyy, Inc. Correspondence should be directed to: info@theregulars.com

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of The Regulars, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

WE TRY TO KEEP The Regulars UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING The Regulars AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT The Regulars WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT The Regulars WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. The Regulars IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR The Regulars, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR The Regulars WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, The Regulars'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
26. Special Provisions Applicable to Software
  1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

  2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
27. Amendments
  1. We'll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

  2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.

  3. Your continued use of the The Regulars Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
28. Other
  1. This Statement makes up the entire agreement between the parties regarding The Regulars, and supersedes any prior agreements.

  2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

  3. If we fail to enforce any of this Statement, it will not be considered a waiver.

  4. Any amendment to or waiver of this Statement must be made in writing and signed by us.

  5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

  6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

  7. Nothing in this Statement shall prevent us from complying with the law.

  8. This Statement does not confer any third party beneficiary rights.

  9. We reserve all rights not expressly granted to you.

  10. You will comply with all applicable laws when using or accessing The Regulars.