Terms & Conditions
Effective Date: August, 2005.
Welcome to the MyTownOffers.com site.

PLEASE READ THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”), PARTICIPATION IN ANY OFFERS (“OFFERS”) OR RECEIPT OF ANY INCENTIVE GIFTS/REWARDS (“FREE ITEMS”). THE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN OPUS MEDIA,INC. D/B/A MYTOWNOFFERS.COM (“MYTOWNOFFERS.COM”) AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE AND PARTICIPATION IN ANY OFFERS. BY ACCESSING OR USING THE SITE OR ENROLLING IN ANY OFFERS, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS YOUR RIGHT TO USE THIS SITE OR ENTITLEMENT TO ANY OFFERS FREE ITEMS WILL TERMINATE AUTOMATICALLY.

MyTownOffers.com reserves the right, in its sole discretion, to change its Terms and Conditions at any time, for any reason, without notice. Please check these Terms and Conditions periodically for changes. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified. The last date these Terms and Conditions were revised is set forth above.

The owners of trademarked names and merchandise used in our promotions do not sponsor and have not endorsed this promotion or product testing program, nor are they affiliated with MyTownOffers.com in any way. All trademarks are the property of their respective owners with all rights reserved.

You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.

SITE

1. Use of Site.

You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. MyTownOffers.com shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

You agree not to access or use the Site to:

• Transmit or communicate any data that is unlawful, harmful, threatening, abusive, misleading, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;

• Upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment;

• In any manner that in MyTownOffers.com’s judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site;

• In a manner not expressly permitted under the Terms and Conditions.

Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

2. Intellectual Property.

The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to MyTownOffers.com or to third parties.

You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. MyTownOffers.com reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by these Terms and Conditions. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including “deep links” to the Site. You may not use a robot, scraper, spider or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

ACCOUNTS

MyTownOffers.com may make certain services available to individuals who register on the Site (“Registered Users”). For example, Registered Users may be able to receive information on Offers and manage their accounts and Offers.

1. Registration.

In order to become a Registered User, You must create a unique account on the MyTownOffers.com Site. All Registered Users are required to provide accurate information, including a valid email address and valid shipping address in the United States. Failure to provide accurate information is a violation of this Agreement and will void any responsibility on behalf of MyTownOffers.com to provide any services or Offers hereunder. Notwithstanding the foregoing, MyTownOffers.com may refuse to accept any application to become a Registered User for any reason or no reason.

You may not have multiple unique accounts on the MyTownOffers.com Site. You may only have and maintain one account per person and per shipping address. All multiple accounts by one person shall be terminated. No other user will be able to become a Registered User while using the same shipping address. In addition, a single Registered user may not have multiple accounts at more than one shipping address.

2. Cancellation of Account.

There is no way to cancel an account. If a user no longer wishes to remain a part of this site, they should cease to access their account.

3. Security.

You agree that You are personally responsible for maintaining the security of Your unique account. You agree not to share Your account information with any third party and shall be responsible for keeping such information confidential. MyTownOffers.com is not liable for any losses incurred through the access of Your account by a third party. You further agree not to engage in any unauthorized use or hacking into the Site. Any unauthorized use or entry (“hacking”) into a MyTownOffers.com website is illegal and is punishable by law. You agree not to adapt, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Site, or any part thereof. Any violation of these Terms and Conditions or law will provide sufficient impetus for us to prosecute the offender to the fullest extent permitted by law.

4. User Conduct.

You agree that you will not, under any circumstances, reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes, any portion of the Site, the use of the Site, or access to the Site. You further agree that you will not impersonate any person or entity for any purpose, including the creation of an account with the Site or with any referral site.

5. Termination.

MyTownOffers.com may terminate these Terms and Conditions or cease offering the services, access to the site or Free Items at any time in MyTownOffers.com’s sole discretion and for any reason or no reason at all. In addition, MyTownOffers.com reserves the right, in its sole discretion and for any reason or no reason at all, to terminate any Registered User’s account without prior notice for:

1. any violation of any term or condition of this Agreement;

2. any violation or potential violation of a law, rule, regulation or ordinance governing this offer or this Web site;

3. any violation of your duties or non adherence to these terms and conditions;

4. aiding in or promoting circumvention of the MyTownOffers.com Terms and Conditions; or

5. otherwise acting unlawfully in relationship to MyTownOffers.com. Any user who has his or her account terminated may not create another account on any of the MyTownOffers.com Sites. All parties residing at the same physical address as a Registered User that has its account terminated will also be placed on hold indefinitely, and will only be permitted to register a new unique account upon the express written consent of MyTownOffers.com.

OFFERS

1. Eligibility for Offers.

In order to be eligible for the rewards program and offers, you must be a valid Registered User and complete the required number of Offers in compliance with the terms of these Terms and Conditions and as set forth on the Site.

Registered Users must complete each Offer by clicking on the Offer from the MyTownOffers.com Website and nowhere else (including any of our affiliates, competitors, or the Offer provider’s website) in order for MyTownOffers.com to correctly track and assess points for Your Offer completion. Note that some applications like spyware blockers, or popup blockers may prevent these links from functioning correctly. In order to receive proper points for completing an Offer, You must make sure you’re your browser settings are set to accept all cookies, and that the You click the exact Offer link to get to the Offer provider’s website.

Registered Users may only receive credit for first time Offer completions. If You have previously signed up for the same Offer elsewhere, You cannot receive credit for completing that Offer on in connection with the MyTownOffers.com Site. For the purposes of clarity, a user who is already a member of eBay may not sign up for the eBay offer through our website.

2. Failure to be credited for an Offer

MyTownOffers.com does not guarantee that a Registered User will receive credit for an Offer. We reserve the right to refuse crediting You for an Offer completion for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up method, improper browser settings, and/or a history of manual credits. Manual credits are Offers that are credited through mailing confirmation of completion. We are not responsible for delays in reporting offer completion or failure to receive Offer credit. The time it takes to receive credit varies greatly. You are responsible for saving all of the confirmation receipts they receive associated with Offer completion. MyTownOffers.com will not manually credit You for an offer without receiving a copy of the confirmation email. A confirmation email is an email that a Registered User receives from an Offer provider after their Offer requirements have been fully satisfied. However, presenting a confirmation email does not guarantee that You will receive credit. If You believe that You have fully completed an offer and yet, have not been credited, You should once again make sure that You have in fact met all of the requirements stipulated by the Offer provider/sponsor and should verify that You have waited the appropriate amount of time for Offer completion to be reported back to this Site (this amount of time varies per Offer). If You confirm that You have performed all of the necessary actions, and have waited a sufficiently appropriate period of time, You should contact us via our customer service form on the Site. MyTownOffers.com reserves the right to deny credit for an Offer.

3. Terms of Offers

Certain Offer providers will require you to activate a credit card or take some other action in order to become approved for an Offer. Any payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with your transactions with such Offer providers is solely between You and such Offer provider.

Your relationship with the Offer providers, sponsors or advertisers is separate from your relationship with MyTownOffers.com. MyTownOffers.com is not responsible for the terms and conditions of any of the Offers provided or advertisements on the Site. Any payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contents, and any other terms, conditions, warranties or representations associated with Your transaction with such Offer providers or advertisers are solely between you and such Offer provider or advertiser. You should carefully read the requirements, terms and conditions, privacy policy and billing information for each Offer or advertisement. If there is a complaint about services or products received from an Offer provider or advertiser, You should directly contact the Offer provider or advertiser in question.

You agree not to hold MyTownOffers.com liable for any claim, loss or damage of any kind incurred as the result of any such transaction or dealings between you and such Offer provider, or as the result of the content provided by such Offer provider through a link or other transfer of information from MyTownOffers.com to such Offer provider.

4. Eligibility for Receiving a Free Item:

In order to qualify for the Free Item, You must:

ORDERS

1. Redemption Process

You can track the status of your Points by logging into Your account using Your email address and password. Once logged in, You can view the status of your Points, which will detail your status by indicating the number of points you have been awarded thus far. Once You have enough points to qualify for a Free Item, You must mail all required proofs of completion (email receipt confirmation) of Offers that clearly indicate your corresponding email address (MUST MATCH YOUR MyTownOffers.com ACCOUNT EMAIL ADDRESS), a letter including your MyTownOffers.com account email and your mailing address to the following address:

MyTownOffers.com.
2 Bridge Avenue, B6-3F
Red Bank, NJ 07701

After verifying your proof of completion of Offers with the Offer providers, we will update your redemption status in your account and mail your Free Item to you.

2. Receipt of Product

After You complete the steps required to receive the Free Item, MyTownOffers.com will use reasonable efforts to ensure that You receive your Free Item within a reasonable amount of time. Delivery times vary amongst product suppliers, but most orders are received within 90 days from verification of eligability.

After You receives a Free Item, if MyTownOffers.com determines that You have fraudulently completed the requirements for such Free Item, MyTownOffers.com shall have the right to take legal action against You for such fraudulent activity.

3. Delivery of Product

All orders are mailed to the address provided by the user at the time the user orders the product. It is a user’s responsibility to verify that the address provided is correct. MyTownOffers.com is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that a situation arises necessitating package forwarding, MyTownOffers.com is in no way responsible for ensuring delivery. If a user does not receive a product, he or she should make sure that he or she has waited the appropriate time period and confirm that the shipping address given is indeed correct. In the event that an item is lost, MyTownOffers.com will make a reasonable effort to track the package and replace it if necessary.

For any product that has confirmed delivery via a tracking number, MyTownOffers.com will not resend the order or refund the points back to a user’s account. If an item is lost, a user can only receive a replacement product. We reserve the right to refuse a replacement order.

Products listed on our websites may be new or refurbished, but will not be used. Refurbished items will come with complete warranties.

4. Cancellation of Orders

A user may cancel an order while it is being processed by contacting us via the customer service contact form on our site. Once an order has been sent to our vendor for processing, or if it has shipped, it cannot be changed or cancelled.

5. Return Policy

In the case of an error or mistake by MyTownOffers.com whereby a wrong product was shipped, MyTownOffers.com will make reasonable efforts to replace the product after being notified in writing of such error or mistake.

If a product is found to be defective, the user should consult the warranty information included with his or her free item. We are not responsible for the repair or replacement of defective products. Please contact the relevant vendor for questions about damaged or defective products you receive. In cases where you do not know what vendor shipped it to you, we can pass along the appropriate vendor’s contact information.

6. Replacement of Free Items.

On occasion, certain Free Items may be back ordered or discontinued from MyTownOffers.com’s supplier or manufacturer . In addition, from time to time, certain Free Items will become available. In cases involving backordered products, products will ship as soon as they are made available In the event that the Free Item is discontinued or otherwise unavailable, MyTownOffers.com reserves the right, in its sole and absolute discretion, to substitute a comparable Free Item of similar value (at our sole discretion) to complete the offer.

7. Free Item Reward Value

Gift card values are equal to United States Dollars (USD). Specific products are valued at manufactures listed MSRP.

CUSTOMER SERVICE

Due to the volume of customer service requests, we do not offer a telephone support. All questions, comments, and concerns should be sent to us only after reading our entire Terms and Conditions on our website, as many answers to common questions can be found on that page. Please allow two business days for responses to customer service inquiries. In order to ensure the preservation of account security and to promote customer service efficiency, users should only email us using the address with which they signed up for this website. We reserve the right to block any email address.

DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

1. Disclaimer Of Warranties

THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS “ AND “AS AVAILABLE” BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. MYTOWNOFFERS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. MYTOWNOFFERS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY MYTOWNOFFERS.COM, AND THE CONTENT.

MYTOWNOFFERS.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (ii) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (iii) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

2. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,

SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE VALUE OF THE REWARD OFFERED TO YOU BY MYTOWNOFFERS.COM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

3. Indemnification.

You agree to indemnify, defend and hold harmless MyTownOffers.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site, your violation of the Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MyTownOffers.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you shall cooperate with MyTownOffers.com in asserting any available defense.

MISCELLANEOUS

1. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.”

2. Enforcement/ Choice of Law/ Choice of Forum.

Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect. These Terms and Conditions and the relationship between you and MyTownOffers.com will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and MyTownOffers.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Essex County, New Jersey.

3. Entire Agreement/No Waiver.

These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MyTownOffers.com of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

4. Correction of Errors and Inaccuracies.

The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. MyTownOffers.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MyTownOffers.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

5. No Assignment.

This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement. Any attempt to assign or delegate this Agreement shall be null and void. MyTownOffers.com may assign this Agreement at its sole discretion.

Questions or Additional Information. If you have questions about the [Service], please contact us.