Terms and Conditions

Effective Date: September 2, 2008.

Welcome to the FreebieIpodNano Web site (hereinafter the "Site"), operated by Vercomco LLC ("Company"). The following terms and conditions and any other policies, notices, rules or guidelines posted on the Site shall govern your use of the Site and your participation in the Program. Because this terms and conditions document (the "Terms and Conditions") constitutes a legal agreement between you and the Company, please read them carefully. Capitalized terms not defined in the text are defined in the section entitled "Definitions" at the end of these Terms and Conditions.

1. YOUR AGREEMENT

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. You also agree to comply with any guidelines or rules posted on the Site, and all such guidelines and rules are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or the Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site and to cancel your participation in the Program.

PLEASE NOTE: We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective on the earlier of (i) the date such amendment was posted to the Site, or (ii) at the earliest date permitted under applicable law (the "Effective Date"). Please review these Terms and Conditions regularly. Your continued use of the Site or the Program following the Effective Date of any amendment will constitute your acceptance of the amended Terms and Conditions. For your information, this page was last updated as of the date set forth at the top of these Terms and Conditions.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices relating to the collection and use of personal information.

3. ELIGIBILITY FOR PARTICIPATION

A. To be eligible to participate in the Program, you must be at least 18 years of age at the time of registration and reside in the United States. Employees of the Company and persons related to or residing in the same household of such employees are not eligible to become Members. Corporations or other business entities are not eligible to participate. Only one account per person is eligible to participate in the Program or receive a Gift.

B. To be eligible to receive a Gift, you must: (i) establish and maintain an account on the Site registered to a valid, unique e-mail address belonging only to the individual identified in the registration information; (ii) provide valid and truthful information as requested by the Company or a participating Sponsor, including your full legal name, postal address of your principal residence, land line or mobile telephone number and valid email address; (iii) agree to receive solicitations, marketing materials and other communications from us and Sponsors via e-mail, telemarketing, direct marketing, mobile marketing and any other method; (iv) have cookies enabled; (v) provide the address of your principal residence as a shipping address; and (vi) comply with each of the provisions of these Terms and Conditions.

4. PROGRAM REQUIREMENTS / RULES OF PARTICIPATION

To qualify for your Gift (as defined below) in this Program, you must complete the following steps and your account must not have been terminated pursuant to Section 5:

1. Registration
   Access the registration form accessible on the Site and enter and submit all requested information. Do not enter a P.O. Box for your mailing address. We will not ship any promotional item to a P.O. Box. You also may be offered the opportunity to answer a series of survey questions about your interests and/or request more information from our marketing partners.
   
   
2. Complete Sponsor Offers (and comply with the Cancellation Limitation)
   To "complete" each Sponsor Offer, you must fulfill the exact set of Sponsor Offer Requirements as indicated on the Site, the Sponsor must report to us that you have successfully completed their offer (Sponsor notification typically takes 1 hour to 4 weeks), and you must not exceed the Cancellation Limitation set forth below.

   Examples of Sponsor Offers include, without limitation, trial offers, credit cards, product offers, service offers and other low-cost or commercial Offers. Some Offers require a purchase to be made, while others are free trials that convert to paying obligations if not canceled or free applications that do not require an initial purchase.

   You must complete the required number of Sponsor Offer Initial Transactions within 60 days following the Program Sign-up Date, and all the steps in the Program Requirements (including the mailing-in of your Gift Redemption Voucher as set forth in Step 3 below) must be completed within 180 days of your Program Sign-up Date. To remain eligible and qualify for program offers, you must use the same personal contact information that you provided during registration when making purchases.

   The number and category of Sponsor Offers available for you changes on a periodic basis as new Sponsors come in to the Site and older Sponsors expire. You should check back periodically after the Program Sign-up Date for new Sponsor Offer opportunities by visiting your "Member Account" control panel.

   We rely on each Sponsor to provide us with timely reporting and confirmation of your successful completion of their Sponsor Offer. You must save all receipts, order confirmation, records and materials that show your transaction history with each Sponsor Offer. You may be asked for copies of receipts, order confirmations and other relevant documents in the Gift Redemption process to verify your transactions with Sponsors and failure to produce the required documents for a Sponsor Offer when requested may result in you not receiving completion credit for that Sponsor Offer. In addition, we reserve the right to request proof of identity such as a copy of your driver’s license, passport or other government issued identification.

   CANCELLATION LIMITATION: You will not be eligible to receive a Gift in this Promotion if, within 30 days of your Sponsor Offer Initial Transaction Date, you cancel your participation in more than two Sponsor Offers you have completed as a part of the Program Requirements (the "Cancellation Limitation"). The Cancellation Limitation applies regardless of whether such limitations appear in the advertiser’s terms and conditions for the applicable Sponsor Offer.

   By submitting or communicating your personal information to Company through the Site or otherwise (collectively "Submissions"), you grant Company the right to use the information contained in such Submissions for any and all purposes as set forth in the Privacy Policy. You can "opt-out" of sharing your information with Company in such a manner by following the methods set forth in the Privacy Policy and/or on the Site.

3. Gift Redemption- Check the "Gift Status" section of your Member Account information on the Site on a regular basis so that you’ll be able to see your progress as various Sponsors report back to us with your completion status. When a sufficient number of Sponsors have reported to us that you have successfully completed their offers and you have aquired the necessary amount of points, your account will be updated accordingly and you will be able to redeem your points for Gifts on the Gift Redemption page. Once you have completed your Gift Redemption request, the Gift Status section of your Member Account will be updated. Be sure to keep a copy of your Gift Redemption request confirmation. Upon our receipt of your properly completed Gift Redemption request, it will take one (1) to eight (8) weeks to ship you your Gift, depending on the gift.

   Note: We are solely responsible for the fulfillment of your Gift. All questions related to Gift fulfillment should be directed to us. Please do not contact our Sponsors regarding your Gift fulfillment status. The Sponsors are solely responsible for their Offers, Program Requirements, refunds, products, cancellations and related customer service. For those questions, please contact the Sponsors directly.

4. License to Use this Site and Become a Member- Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site and participate in our programs in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.

5. TERMINATION/CANCELLATION OF ACCOUNTS

Company may, at its sole discretion, terminate any account and deny any Gift without prior notice for:

• any violation of any provision of these Terms and Conditions;
• aiding in or promoting circumvention of the Program, including, but not limited to, using any account to accrue a Gift for a third party or using a third party's account to accrue a Gift for yourself, including without limitation posting information on a website, forum, or auction that has to do with "canceling the offers" or cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel Sponsor Offers;
• acting against the business interests or reputation of the Company;
• otherwise acting unlawfully in relationship to the Company, the Site or the Program; and/or
• any other reason at the reasonable discretion of the Company.

If your account is terminated by Company, you may not re-enroll or join under a new account without Company’s prior written authorization.

6. RELATIONSHIP WITH SPONSORS.

Participating Sponsors are independent third parties and the Company is not acting as a principal, agent or broker with respect to any Sponsors. When you complete a Sponsor Offer, your relationship with any such Sponsor is solely between you and the Sponsor. The terms and conditions associated with each Sponsor Offer (as opposed to the terms and conditions of the Program described herein) are determined by the applicable Sponsor, and are subject to change in the applicable Sponsor’s sole discretion. You agree not to hold the Company or its officers, directors or employees liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Sponsors through the Program.

7. OTHER APPLICABLE TERMS AND CONDITIONS

In addition to the provisions of Sections 1 through 6 above, the following terms and conditions apply to your use of the Site and participation in the Program:

1. You are responsible for maintaining the confidentiality of your Member Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Account, including, but not limited to, any purchases made from the Company or Sponsors.
2. By establishing an account to participate in the Program, you are giving your consent to receive by email promotions or newsletters from the Company, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these communications, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from FreebieIpodNano, click here. Please note that exercising an opt-out mechanism only applies to emails from FreebieIpodNano and not from Sponsors.
3. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via the Site or any Sponsor’s Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law, and in equity.
4. We reserve the right to: (a) substitute any Gift with another item of similar value, as determined in our sole discretion; or (b) send you the cash equivalent for the Gift, as determined in our sole discretion. Note that a Gift will be considered income and it is your responsibility to report the receipt of the Gift to the applicable federal and state tax authorities. In addition, should the value of your Gift(s) total $600 or more, you will also be sent a W-9 that must be completed, notarized and returned before the Gift can be shipped, as required by law.
5. You may be transferred to online merchants or other third party websites, including those of Sponsors, through links or frames contained on the Site. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your information. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such websites by the Company and any association with its operators is provided solely for your convenience. You agree that Company has no liability whatsoever in connection with such third party websites and your usage thereof.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO RETURNS OR EXCHANGES WILL BE ACCEPTED.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION AS A RESULTOF THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (i) THE VALUE OF THE GIFT FOR WHICH THE CONSUMER HAS REGISTERED, OR (ii) $1,000, OR (iii) ACTUAL DOLLAR AMOUNT CONSUMER SPENT ON A SITE COMPLETING SPONSOR OFFERS.
8. (h) This Agreement shall be treated as though it were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Palm Beach County, Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties. To the extent that anything contained in this Agreement contradicts or is in any way inconsistent with the Privacy Policy, the Privacy Policy shall control in all respects. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

CALIFORNIA USER CONSUMER RIGHTS

In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov

Contact Us:
CONTACTING US. If you have questions about the Service or this Agreement, please contact us by any method set forth on our "contact us" page.

DEFINITIONS

Program Requirements: The set of actions (set by the Company) you must take to qualify for a Gift, such as (but not limited to) entering valid contact information, completing Sponsor Offers and undergoing the Gift Redemption process.

Program Sign-up Date: The date on which you first sign up your email address on the Site and thus create member account on the Site. In the event that you sign up and do not complete any Sponsor Offer Initial Transactions on the Site, but sign up on the Site in the future and create one or more Sponsor Offer Initial Transactions, your Program Sign-up Date will be set to the new date. However, in the event that you had signed up and created one or more Sponsor Offer Initial Transactions prior to signing up again, your Program Sign-up Date will NOT be set to the new date and any Sponsor Offers completed will be tracked back to the original Program Sign-up Date.

Referred Member: A referred member is defined as a member who joined our program by following a link which contained your unique referal code. Members who do not use the unique referal code will not be given credit.

Sponsor: An advertiser (affiliated with Company or 3rd party) that seeks to create a business relationship with consumers and in exchange for such business relationship is willing to subsidize the cost of providing a Gift to the consumer. Only advertisements specifically indicated on the Site as Sponsor Offers should be considered to be Sponsor Offers. Survey questions and other content on the Site should not be considered to be Sponsor Offers.

Sponsor Offer Completion Date: The date in which you fulfill all the Sponsor Offer Requirements for the completion of a particular Sponsor Offer. For example, in the case of an offer with a free trial in which the Sponsor Offer Requirement is that you enroll in the free trial and then subsequently stay on as a paying member for 30 days, the Sponsor Offer Initial Transaction Date is the date you enroll in the free trial by entering your billing information on the Sponsor Offer site and the Sponsor Offer Completion Date is when you have stayed on as a paying member for 30 days.

Sponsor Offer Requirements: The set of actions (set by Company and/or Sponsor) you must take in order to be deemed to have completed a Sponsor Offer for the purpose of satisfying the Promotion Requirements.

Sponsor Offer Initial Transaction: The first action required to satisfy the Sponsor Offer Requirements for a given Sponsor Offer.

Sponsor Offer Initial Transaction Date: The date that you initiate the actions required to satisfy the Sponsor Offer Requirements for a particular Sponsor Offer and in the process creating a valid and legitimate business relationship with the Sponsor. For example, for a Sponsor Offer requiring that you submit an approved application and activate the card, the Initial Transaction is the submission of a valid application for the credit card. For a Sponsor Offer requiring that you participate in a free trial, the Initial Transaction is the submission of your billing information to enroll in the trial.

Sponsor Offer Requirements: The set of actions (set by Company and/or Sponsor) you must take in order to be deemed to have completed a Sponsor Offer for the purpose of satisfying the Program Requirements.