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Terms of Use

 

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Welcome to the Tradeline Broker Site (defined below). By using it, you are agreeing to these Terms of Use (defined below).
Please read them carefully. If you have any questions, contact us
here
.

These Terms of Use were last updated on June 8, 2015.

ACCEPTANCE OF TERMS OF USE

Tradeline Broker (“ Tradeline Broker ” “we” or “us” or “our”) owns and operates the website,
www.tradelinebroker.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms
of Use (collectively, “Site“). By using the Site and Tradeline Broker ’s 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.tradelinebroker.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 DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY Tradeline Broker SERVICE,
PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

These Terms of Use are organized as follows:

  1. About the Site
  2. Ownership of the Site
  3. Use of the Site
  4. Access to the Site
  5. Modification
  6. Your Account
  7. Your Conduct
  8. Your Privacy
  9. Terms of Sale
  10. Special Programs
    1. Tradeline Broker Reserve
    2. Tradeline Broker Bucks
    3. Refer-A-Friend
    4. Coupons
    5. Tradeline Broker Games
    6. Tradeline Broker Points
  11. Copyright and Trademarks
  12. User Content
  13. Unsolicited Ideas
  14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
  15. Disclaimer of Warranty
  16. Limitation of Liability
  17. Electronic Communications
  18. Websites of Others
  19. Indemnification/Release
  20. Force Majeure
  21. Assignment
  22. Entire Agreement
  23. Choice of Law
  24. Dispute Resolution
  25. License to Sell Travel Services
  26. Additional Disclosures

1. About the Site

The Site is a platform through which certain merchants (“Merchants”) sell vouchers for goods, services or
experiences (“Vouchers”), sell travel goods and services (“Getaways”), sell gift cards (“Merchant
Gift Cards
”), sell goods and services directly to you (“Merchant Products”), make available coupons,
promotional codes, giveaways, samples, and offers for software downloads (“Coupons”), and sell dining
experiences for specific dates and times (“Reservations“) (collectively, “Merchant Offerings”).
Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care,
quality, and delivery of the goods and services provided.

In addition, the Site also provides a platform through which you can purchase products from Tradeline Broker (“Products”)
and participate in other available programs.

Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in
Tradeline Broker ’s sole discretion, without notice.

2. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our
affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) Tradeline Broker
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 Tradeline Broker ; and (b) you agree not to reproduce,
distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content,
software, products or services obtained from or through the Site without the express permission of Tradeline Broker .

3. Use of the Site

As a condition of your use of the Site, you agree that:

  • You have reached the age of majority in the state or province in which you reside;
  • 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;
  • Your use of the Site will at all times comply with these Terms of Use;
  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective
    offers;
  • You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
  • You have the right to provide any and all information you submit to the Site, 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 purchase a Merchant Offering, Product or participate in other available programs through 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.

4. Access to the Site

Tradeline Broker 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.

5. 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.

6. 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, a valid credit card; and (b) opt-out of persistent login. You understand and
agree that Tradeline Broker 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.

The Site may permit you to make purchases without an account or without logging in to your account. If you make a
purchase in this manner, we will create an account for you based on the information provided to us in connection
with the transaction (e.g., your name, address, e-mail address, and other transaction information).

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, without limitation, failure to maintain updated and correct information
about your account (e.g., valid credit card information) 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 account credits (e.g., Tradeline Broker Bucks), 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, without limitation, requirements for use.

7. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion,
restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your
privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or
forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of
Use:

  • Submitting any content to the Site that:
    • Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to
      rights of privacy and rights of publicity and laws related to defamation);
    • Contains personal information, except when we expressly ask you to provide such information;
    • Contains viruses or malware;
    • Offers unauthorized downloads of any copyrighted, confidential or private information;
    • Has the effect of impersonating others;
    • Contains messages by non-spokesperson employees of Tradeline Broker purporting to speak on behalf of Tradeline Broker or
      provides confidential information concerning Tradeline Broker ;
    • Contains chain letters of any kind;
    • Is purposely inaccurate, commits fraud or falsifies information in connection with your Tradeline Broker account
      or to create multiple Tradeline Broker 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.
  • Attempting to do or actually doing any of the following:
    • Accessing data not intended for you, such as logging into a server or an account which you are not
      authorized to access;
    • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage,
      aggregate offering information, pricing information or similar data;
    • Scanning or testing the security or configuration of the Site or breaching security or authentication
      measures; or
    • Interfering 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.
  • Using any of the following:
    • Frames, framing techniques or framing technology to enclose any content included on the Site without our
      express written permission;
    • 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;
    • 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 Tradeline Broker ; or
    • 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 Tradeline Broker , including, without limitation, aggregating current or previously offered
      deals.
  • Collecting any of the following:
    • Content from the Site, including, without limitation, in connection with current or previously offered
      deals, and featuring such content to consumers in any manner that diverts traffic from the Site without
      our express written permission; or
    • Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or
      content of any consumers or Merchants.
  • Engaging in any of the following:
    • Tampering or interfering with the proper functioning of any part, page or area of the Site or any
      functions or services provided by Tradeline Broker ;
    • Taking any action that places excessive demand on our services or imposes, or may impose, an
      unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as
      determined in our sole discretion);
    • Reselling or repurposing your access to the Site or any purchases made through the Site;
    • Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or
      otherwise using any Tradeline Broker account to purchase Merchant Offerings or Products for resale or for
      speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and
      the terms of a specific offer on the Site;
    • Accessing, monitoring or copying 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;
    • Violating 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;
    • Aggregating 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;
    • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any
      Voucher) without our express written permission;
    • Hyperlinking to the Site from any other website without our initial and ongoing consent; or
    • Acting illegally or maliciously against the business interests or reputation of Tradeline Broker , our Merchants
      or our services.

8. Your Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for
important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy
Statement is incorporated in these Terms of Use, and available here.

9. Terms of Sale

By purchasing or obtaining any Merchant Offering or Product via the Site, you agree to these Terms of Use, including, without limitation,
the Terms of Sale, available here.

10. Special Programs

By participating in special programs offered by Tradeline Broker , such as Tradeline Broker Reserve, Tradeline Broker Bucks Refer-A-Friend,
Coupons, Tradeline Broker Games, or Tradeline Broker Points, you agree to these Terms of Use and the additional terms of each program
available here.

11. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation,
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. Tradeline Broker 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 Tradeline Broker 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.

Tradeline Broker owns trademarks, registered and unregistered, in many countries and “TRADELINE BROKER,” the Tradeline Broker logos and
variations thereof found on the Site are trademarks owned by Tradeline Broker or its related entities and all use of
these marks inures to the benefit of Tradeline Broker . “TRADELINE BROKER” is a trademark registered in the following countries:
Algeria, Antigua, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Columbia, Costa
Rica, the Dominican Republic, Ecuador, Egypt, the European Union, France, Germany, Hong Kong, Iceland, India,
Indonesia, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstein, Macedonia, Mexico, Moldova, Morocco, New
Zealand, Nigeria, Norway, O.A.P.I., Panama, Paraguay, Peru, Philippines, Qatar, the Russian Federation, Saudi
Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine,
the United Arab Emirates, the United States of America, Uruguay, Venezuela, and Vietnam. A non-exhaustive list of
Tradeline Broker ’s trademarks can be found here.

Other marks on the site not owned by Tradeline Broker may be under license from the trademark owner thereof, in which case
such license is for the exclusive benefit and use of Tradeline Broker unless otherwise stated, or may be the property of
their respective owners. You may not use Tradeline Broker ‘s name, logos, trademarks or brands, or trademarks or brands of
others on the Site without Tradeline Broker ‘s express permission.

12. 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 any other content or material submitted or posted to the
Site (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 from time to time.
You may be required to have a Tradeline Broker account to submit User Content.

If you contribute any User Content, 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. Tradeline Broker 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. In addition, if you
contribute any User Content, you represent and warrant that: (a) you are the creator of 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 that they have waived any moral rights in such 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 ensured that the creator represents and warrants) that
the use and 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, without
limitation, 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; and that you will not upload, post, transmit, or
otherwise make available User Content that 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.

Tradeline Broker 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, without limitation, to determine compliance with these
Terms of Use and any operating rules established by Tradeline Broker , as well as to satisfy any applicable law, regulation or
authorized government request. Without limiting the foregoing, Tradeline Broker shall have the right to remove any material
from the Communities or any other Tradeline Broker controlled sites, in its sole discretion. Tradeline Broker assumes no liability for
any User Content or other information that appears or is removed from the Site or elsewhere. Tradeline Broker 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. Tradeline Broker 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.

  • Public Nature of Your User Content.
    • You understand and agree that User Content is public. Any person (whether or not a user of Tradeline Broker ’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. Tradeline Broker 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 Tradeline Broker . Other users may post User Content that is inaccurate, misleading or
      deceptive. Tradeline Broker 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 Tradeline Broker . Tradeline Broker 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, without limitation, any objectionable User Content.
  • License Grants.
    • Some User Content you submit to Tradeline Broker 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, without
      limitation, but not limited to your name, initials, username, social networking website user account
      name, image, likeness, preferences, voice and location. You grant Tradeline Broker a royalty-free, perpetual,
      irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to
      use, commercial use, display and distribute any Personal Information in connection with your User
      Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale
      and to sell such rights in Personal Information, 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,
      Tradeline Broker shall have no obligation to use your Personal Information in connection with any User Content.
    • As between you and Tradeline Broker , 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
      Tradeline Broker 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.
      Tradeline Broker ’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 who are over the age of majority in the state or province in which they reside.
      The Site is designed and intended for adults. By contributing User Content or other content on or
      through the Communities, you affirm that you are over the age of majority in the state or province in
      which they reside. 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 the age of
      majority in the state or province in which he or she resides.

13. Unsolicited Ideas

We do not accept or consider, directly or through any Tradeline Broker 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:

  • Tradeline Broker has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials
    confidential; and
  • Tradeline Broker will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and
    free of any obligation to acknowledge or compensate you.

14. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

  • Infringement Reporting Procedures. If you own copyright, trademark, patent or other intellectual property rights (“IP
    Rights Owner
    ”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and
    you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright,
    trademark, or other intellectual property right, and you would like to bring it to Tradeline Broker ‘s attention, you can
    report your concern(s) by submitting your complaint here.
  • DMCA Procedures. Tradeline Broker reserves the right to terminate your or any third-party’s right to use the Site if such use
    infringes the copyrights of another. Tradeline Broker may, under appropriate circumstances and at its sole discretion,
    terminate your or any third-party’s right to access to the Site, if Tradeline Broker 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 Tradeline Broker ‘s attention, you must provide
    Tradeline Broker ‘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, without limitation, 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 Tradeline Broker ’s DMCA Agent for notice of claims of copyright infringement is: Tradeline Broker
    Attn: Copyright Agent, 600 W. Chicago Ave., Chicago, IL 60654, email: dmca@ Tradeline Broker .com.

15. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF TRADELINE BROKER, 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, Tradeline Broker HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, 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, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE,
MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF
PERFORMANCE OR COURSE OF DEALING.

16. Limitation of Liability

IN NO EVENT SHALL TRADELINE BROKER, 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, LOST PROFIT, LOST BUSINESS, OR
PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE,
THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER
CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO 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; (E) ANY PRODUCTS OR SERVICES OTHER THAN MERCHANT OFFERINGS PURCHASED OR
OBTAINED FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE,
INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL Tradeline Broker ’S 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 (A)-(G) ABOVE 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, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE 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.

17. Electronic Communications

When you use the Site or send emails to Tradeline Broker , 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.

18. 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.

19. Indemnification/Release

You agree to defend, indemnify and hold harmless Tradeline Broker , its subsidiaries and affiliates and their respective
directors, officers, employees and agents from and against all claims and expenses, including, without limitation,
attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Merchant Offerings
or Products purchased by you through the Site or any additional products or services purchased or obtained by you
from the Merchant; (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., Canadian, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted
under applicable laws, you hereby release Tradeline Broker from any and all claims or liability related to any product or
service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the
Site, any action or inaction by a Merchant, including, without limitation, 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 or any other product or service purchased or obtained by you from the Merchant, and
any conduct, speech or User Content, whether online or offline, of any other third-party.

20. Force Majeure

Tradeline Broker 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
Tradeline Broker .

21. 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 Tradeline Broker . Any attempted assignment that does not comply with
these Terms of Use shall be null and void. Tradeline Broker may assign these Terms of Use, in whole or in part, to any
third-party in its sole discretion.

22. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Statement and other terms incorporated by
reference, constitute the entire agreement and understanding between you and Tradeline Broker with respect to the subject
matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written,
between you and Tradeline Broker with respect to such subject matter.

23. 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 Tradeline Broker ’s services
shall be governed by the laws of the State of Illinois, 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 Tradeline Broker ’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. Tradeline Broker 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.

24. Dispute Resolution

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Tradeline Broker
arising out of, relating in any way to, or in connection with 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; except that you may bring a qualifying claim over a Dispute in a small
claims court. By virtue of this Dispute Agreement (defined below), you and Tradeline Broker 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 Tradeline Broker ’s written agreement to
arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this
Agreement shall be in writing and signed by you and Tradeline Broker . The arbitration will be administered by the American
Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including,
without limitation, 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 the following address: C T Corporation System, 208 S.
LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing, administration and arbitrator fees will be
governed by the AAA’s rules. Tradeline Broker will reimburse those fees for Disputes totaling less than $10,000 unless the
arbitrator determines the Dispute is frivolous. Likewise, Tradeline Broker 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.

(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) except
with respect to a qualifying claim over a Dispute in a small claims court, you
agree that any such Dispute may only be instituted in a state or federal court in Sarasota County, FL; (ii) you
and Tradeline Broker irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for
resolution of such Disputes; (iii) you and Tradeline Broker agree that the Federal Arbitration Act, the AAA rules, applicable
federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern
this Dispute Agreement and any Disputes; and (iv) you and Tradeline Broker agree to waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute 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. If Section 24(b) above is ruled to be unenforceable, then
Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

25. License to Sell Travel Services

None.

26. Additional Disclosures

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

The provisions of these Terms of Use apply equally to and are for the benefit of Tradeline Broker , 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.