TERMS
1. ACCEPTANCE OF TERMS:
Welcome to the Smithfield program powered by YOU Technology. (YOU Technology). YOU Technology and its clients provide a service to you, subject to the following terms of service, which may be updated from time to time without notice to you. In addition, when using particular YOU Technology services, you and YOU Technology shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated into the terms of service.

By enrolling and/or using a YOU Technology-powered program, you agree that you have read and understand this Agreement and accept its terms and conditions.

2. DESCRIPTION OF SERVICE:
YOU Technology currently provides online offers that can be used at select merchants participating in a YOU Technology-powered promotion (the Service). If you accept these offers, you agree to the terms under which they are offered. YOU Technology reserves the right to add, delete, or change the lineup of merchants participating in the promotion or any other aspect of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new YOU Technology properties, shall be subject to the terms of service.

In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

YOU Technology reserves the right to send you messages from time to time that do not include rewards. Such messages may include administrative announcements, special requests, offers and so on, and may be sent via email.

3. LIMITATIONS ON SERVICE:
Offers of "online cash" can only be used toward the purchase of products or services at participating merchants in the terms associated with each specific program. They cannot be converted or redeemed for cash, and cannot be used to pay down credit card debt or any other payment other from the one specifically indicated in the program. YOU Technology is not responsible for changes to, or discontinuance of, any promotion, any participating merchant withdrawals from the program, or for any effect on accrual of YOU Technology offers caused by such changes, discontinuance, or withdrawal. Please note that YOU Technology offers, including the YOU Technology codes, will expire if they are not used prior to the expiration date. You will not be able to use or redeem YOU Technology offers or value to purchase any products or services after the expiration date indicated on the rules of the promotional program that corresponds to each specific code.
4. YOUR REGISTRATION OBLIGATIONS:
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YOU Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YOU Technology has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). YOU Technology is concerned about the safety and privacy of all its users, particularly children. It is your decision as to whether or not you will give your children access to any or all of the Services. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. SOFTCOIN PRIVACY POLICY:
Registration data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY:
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SoftCoin of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YOU Technology and its clients cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. You are responsible for the proper use of any YOU Technology code you activate. YOU Technology is not responsible for any lost, misplaced, or stolen codes.

YOU Technology takes measures to protect your account and other information. However, you acknowledge that despite our efforts, YOU Technology cannot guarantee that anything transmitted over the Internet is secure, or that a third party will not be able to access or intercept payment information or other communications. YOU Technology will not be liable from any loss resulting from a cause over which it does not have direct control.

7. MEMBER CONDUCT:
You agree not to use the Services for illegal purposes. YOU Technology may take measures to detect and prevent unapproved action through means including viewing, monitoring, and recording your activity without notifying you. YOU Technology will terminate your account if any illegal activity is attempted or completed using your account. In addition, you may be subject to civil and criminal prosecution if you have violated the law. Merchants may also cancel all relevant transactions.
8. DEALINGS WITH MERCHANTS, ADVERTISERS, AND SUPPLIERS:
All purchases of products and services are made directly from participating merchants and not from YOU Technology or its clients. You agree that participating merchants will be responsible or liable for any problems that may arise with their products and services (including their advertising), and that YOU Technology or its clients shall not be held responsible or liable for those problems. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers, suppliers, or affiliates found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, supplier, or affiliate. You agree that YOU Technology shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. INDEMNITY:
You agree to indemnify and hold YOU Technology, and its subsidiaries, affiliates, officers, agents, clients or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of any rights of another.
10. NO RESALE OF SERVICE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not aggregate YOU Technology codes for sale to others.
11. MODIFICATIONS TO SERVICE:
YOU Technology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that YOU Technology shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. TERMINATION:
You agree that YOU Technology, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if YOU Technology believes that you have violated or acted inconsistently with the letter or spirit of the terms of service. YOU Technology may also in its sole discretion, at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms of service may be effected without prior notice, and acknowledge and agree that YOU Technology may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that YOU Technology shall not be liable to you or any third-party for any termination of your access to the Service.

The Member understands that there is no fee involved with joining a YOU Technology-powered program, and the Member may terminate this Agreement at any time by giving written notice to SoftCoin.

13. LINKS:
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YOU Technology and its clients or partners have no control over such sites and resources, you acknowledge and agree that YOU Technology and its clients or partners are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that YOU Technology and its clients or partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. YOU TECHNOLOGY'S PROPRIETARY RIGHTS:
You acknowledge and agree that the Service and any necessary software used in connection with the Service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by YOU Technology or advertisers, clients, suppliers, or affiliates, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any proprietary software, in whole or in part. You may not "mirror" or "frame" any material contained on this site. We welcome your feedback, but know that if you send any suggestions, material, or comments to us, you grant us the right to use them for any purpose without any further obligation or notice to you.

You agree that you will not impermissibly or illegally use certain proprietary object code or source code of any software made available in the course of your use of the Services, provided that you do not (and do not allow any third party to) impermissibly or illegally copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to improperly discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the proprietary software. You agree not to modify the proprietary software in any manner or form, or to use modified versions of same, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by YOU Technology for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:

a. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. YOU Technology expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. YOU Technology makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.

c. All products or services purchased by you with the use of YOU Technology offers are provided solely by the merchant associated with the offer. Warranties, if any, with respect to any product or service will be provided by the merchant only. YOU Technology is not responsible for changes to, or discontinuance of, any products or services. YOU Technology does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any services or products offered or provided by merchants.

16. LIMITATION OF LIABILITY:
You expressly understand and agree that YOU Technology 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 YOU Technology has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and 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 service; or (v) any other matter relating to the service. Under no event shall the total liability of YOU Technology or any of its suppliers arising directly or indirectly from this agreement for any reason whatsoever (including negligence's, and strict liability) exceed the total amount of YOU Technology money purchased by you during the one-month period immediately preceding the accrual of such liability.
17. EXCLUSIONS AND LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.
18. NOTICE:
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the terms of service or other matters by displaying notices or links to notices to you generally on the Service. However, you are responsible for checking the terms of service for any modifications.
19. TRADEMARK INFORMATION:
YOU TECHNOLOGY, THE E-VOLUTION OF PROMOTIONS, THE NEXT KIND OF MONEY, WEBPENNIES, 2DINERO, PROMOTIONS SERVICE PROVIDER (PSP), PROMOTIONS SERVICE PLATFORM, POWERING THE NEXT GENERATION OF PROMOTIONS, THE YOU TECHNOLOGY LOGO and other YOU Technology logos and product and service names are trademarks of YOU Technology Brand Services. (the "YOU Technology Marks"). Without YOU Technology's prior permission, you agree not to display or use in any manner, the YOU Technology Marks. Other marks are the property of their respective owners.
20. GENERAL INFORMATION:

The terms of service constitute the entire agreement between you and YOU Technology and govern your use of the Service, superseding any prior agreements between you and YOU Technology. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The terms of service and the relationship between you and YOU Technology shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and YOU Technology agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco, California. The failure of YOU Technology to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect.

You must accept this agreement to use the YOU Technology service.

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