QPON LEGAL

These Terms of Service are a binding contract between The Qpon Life, LLC ("Company" or "Qpon") and each user who accesses the Company's web site ("you") located at the URL www.qponchicago.com (the "Web Site"). "You" shall refer to the individual accessing the Web Site or the Company on whose behalf the individual is accessing the Web Site). By using this Web Site and/or accessing the Web Site's services, you agree to be bound by these Terms of Service. If you don't agree to be bound by these Terms of Service, do not use the Web Site.

1. Web Site

(a) Offers. The Web Site will offer a daily promotion offering one or more discounted vouchers Monday through Friday (and occasionally on Saturday or Sunday) for your purchase. Unless otherwise indicated in the promotion, (i) the purchase of the voucher does not require a certain number of purchasers before it becomes effective and (ii) the voucher must be purchased within the time indicated on the Web Site. You acknowledge that Company acts on behalf of the merchant offering a voucher so that when you purchase any voucher from the Web Site you are purchasing directly from the merchant offering the voucher and not the Company. You must pay for any voucher offered on the Web Site through PayPal either through an account you already have or may open for the purchase of buying the voucher or through PayPal with a personal credit card. Unless otherwise prohibited, taxes and tips charged by merchant may not apply to the value of the voucher and must be paid separately. Each promotion offering will include a QR code. The participating merchant sponsoring the promotion offering will scan the QR code when you present the Qpon to that merchant. After the merchant scans the QR code, the QR code becomes inactive so that the Qpon cannot be presented again to that same merchant.

(b) Restrictions. You are responsibility for reading all information offered by the Company in connection with any promotional voucher including any and all restrictions placed on the offer by the merchant offering the voucher. No voucher may be redeemed in violation of any such restrictions; no refunds will be given for vouchers if you claim you were not able to utilize a voucher you purchased because you claim you were unaware of any restrictions included in the voucher.

(c) Use.

(i) Company is the owner and operator of the Web Site. You cannot transfer to any other person or entity your right to use the Web Site or any of the Web Site's services since your use of the Web Site is personal to you. Company is also the copyright owner of the content of the Web Site. You do not have the right to use any portion of the Web Site to create derivative works without the explicit, written permission of Company. You may not, without the Company's prior written consent, frame or imbed any of the content of the Web Site or incorporate into another web site or other service any of Company's material, content or other intellectual property. You acknowledge that Company is the sole owner of all right, title and interest in and to the service marks "Qpon" (and design) and "Pride with Perks (and design)."

(ii) You may set up only one account on the Web Site for yourself with one user name and one password selected by you within the requirement established by the Company. If Company discovers that you have set up or are attempting to set up more than one account on the Web Site, the Company shall have the right to remove that additional account without prior notification or liability of any kind to you.

(iii) Protection of your Web Site account's user name and password is solely your responsibility. You are solely responsible for all activities that occur under your account's user name and password. You agree to notify Company immediately at customerservice@qponchicago.com if the confidentiality of your username and/or password has been breached. Do not provide your user name/password to anyone.

(iv) You may not use the Web Site for any illegal or unlawful purpose or a use which is prohibited by these Terms of Service nor may you solicit any third party through the Web Site to commit any unlawful or illegal act. You will provide accurate information about yourself on the Web Site when requested.

(v) The Company reserves the right to change, modify or discontinue any aspect of the Web Site and these Terms of Service. Any change in the Terms of Service become effective upon posting and you will not be notified of any such change. Therefore, you should check these Terms of Service periodically. A date of last modification of will be posted at the end of the Terms of Service when and if the Terms of Service are changed or modified.
(vi) Company is not responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by Company, the user or by any of the equipment or programming associated with or utilized with the Web Site or by any human error which may occur in the operation of this Web Site which may limit your ability to utilize a voucher.
(d) Eligibility.

(i) You must be at least 18 years of age to use the Web Site and a resident of, and physically residing in, one of the 50 United States or Canada (residents of Quebec are excluded from any sweepstakes/contest promotion sponsored by Company). If Company determines, in its sole judgment, that an account has been opened or is attempting to be opened by any person who is under the age of 18, Company shall have the right to remove that account.

(ii) You must properly register on the Web Site and open an account in order to utilize the Web Site. During the registration process, you may be required to provide identification and contact details. You represent and warrant that all such identification/contact information will be true and accurate. To read what Qpon will do with this identifying information, see our Privacy Policy. Company reserves the right to revoke your membership in the Web Site at any time for any reason, without prior notification. Qpon will communicate with its users by e-mail or other forms of electronic/digital e-mail. You hereby consent to receiving those e-mails and that any such e-mails conform to all legal requirements.

2. Vouchers.

(a) Unless otherwise stated, only one (1) person per voucher and no voucher can be redeemed for less than the full value of the voucher (for example, if the voucher is valued at $25.00, you must redeem the voucher for $25.00 and nothing less when you first present the Qpon to the participating merchant). You acknowledge that the merchant is the entity selling thee goods or services offered in a voucher, not Qpon. You further acknowledge that you will look solely to the merchant for any and all loss of damage of any kind (including bodily injury and death) you incur in attempting to redeem a voucher. You hereby release Composer, is officers, directors, affiliates, subsidiaries, divisions, successors and assigns from and against any and all liability for any damages or loss arising out of, directly or indirectly, with your redemption of a voucher.

(b) Whether vouchers can be used, in whole or in part, for the purchase of liquor or alcoholic beverages will be determined by the merchant offering the voucher and will be subject to any applicable federal, state or local law or regulation.

(c) No voucher (paper or electronic format), can be used more than once. Vouchers may be purchased as a gift for one individual to the extent allowed by law. When you purchase a voucher as a gift, you will be required to input the e-mail address of the person receiving the voucher as a gift as part of your purchase information.

(d) Vouchers that are lost or stolen will not be replaced. Some state and federal laws may prohibit a merchant from setting an expiration date on the voucher (except for vouchers promoting an event planned for a specific date) and the merchant (not Qpon) may be required to pay to you the amount you paid for the voucher if it is presented to the merchant after the promotional period during which the voucher was initially honored. The amount you pay for a voucher is what the voucher is worth; the voucher is not worth the amount of the goods/services you purchase when you present the voucher to the participating merchant.. If a merchant is unwilling to offer a cash refund to you after the promotional period has ended, contact the Company at customerservice@qponchicago.com and Company will issue you a credit or a refund. Amounts paid for a voucher which you simply do not use are nonrefundable except as required by law.

(e) Some vouchers have restrictions printed on the face of the voucher (for example, a restaurant voucher may be used for dine-in only). You are responsible for becoming familiar with those restrictions. Qpon will determine, in its sole judgment, if you have complied with all restrictions which may be part of a voucher.

(f) The price you pay for a voucher does not include shipping and handling charges, sales, use, added value or other taxes or gratuities unless otherwise stated.

(g) Vouchers cannot be used or combined with any other vouchers, certificates, coupons or promotions unless expressly permitted by the merchant offering the voucher.
(h) Company makes no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any voucher or the goods/services offered in that voucher including, without limitation, quality, merchantability, or fitness for a particular purpose. In no event will Company be liable, and you hereby waive all rights to claim, punitive, incidental and consequential damages in connection with your redemption or attempted redemption of a voucher. Your sole remedy will be replacement of the voucher. All risk passes to you upon Company's electronic transmission to you of a voucher. You acknowledge and agree that the content of the Web Site is offered by Company on an "as is" basis and that the Company does not guarantee that the Web Site is free of errors viruses or other harmful elements. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties. In those jurisdictions, this disclaimer will not apply to the extent limited by the applicable law of that jurisdiction. You confirm that you incur any damages or loss arising out of your use of the Web Site or a voucher that those damages are not irreparable or sufficient to entitle you to an injunction and you have no right to restrain the development, production, distribution, advertising or exploitation of the Web Site. Under no circumstances, will Company be liable to you for any damage to your computer, hardware, software or other equipment including, without limitation, damage caused by a virus, bug, interruption, delay in operation, tampering, fraud or other technical or other malfunction. These disclaimers and limitations of liability are essential to the arrangement between the Company and you. You acknowledge that the Web Site and Company's services would not be available without these disclaimers and limitations of liability.
I understand and agree that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

3. Other Sites. The Web Site may include hyperlinks to third party sites. Those other sites may have terms of service and privacy policies which are different from those found on this Web Site. By using those hyperlinks, you acknowledge and agree that Qpon is not responsible for those site's policies and requirements nor is Qpon responsible for any content found on those other sites. The use of hyperlinks on the Web Site is not to be construed as a direct or indirect endorsement by Company of those other web sites.

4. Indemnification. By using this Web Site, you hereby agree to defend, indemnify and hold Company, its officers, directors, employees, affiliates, subsidiaries, successors and assigns harmless from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including, without limitation, attorneys' fees) arising out of or in connection with your violation of these Terms of Service or any law, rule or regulation. You agree to cooperate fully with Company in the defense of any such claims.
5. Governing Law. These Terms of Services shall be governed by, construed and enforced in accordance with the laws of the State of Illinois. Any action by any user of the Web Site brought to enforce these rules or, in connection with any matters related to the Web Site shall be resolved individually, without resort to any form of class action, exclusively by those courts located in Chicago, California, and entrants expressly consent to the jurisdiction of said courts. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred but in no event attorneys' fees. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses and any and all right to have damages multiplied or otherwise increased. Regardless of what the law of your state of residence or the law of the State of Illinois may allow, you agree that you must file any claim you have arising hereunder within one (1) year after that claim arose. If you do not file that claim within the one-year period, your claim will be barred.
6. Copyright Infringement. If you believe any of your copyrighted material has been incorporated into the Web Site or any electronic transmission you receive from the Company without your permission so as to constitute a copyright infringement, you have the right, pursuant to the federal Digital Millennium Copyright Act, to request that the copyrighted material be removed. You will need to provide the Company's copyright agent the following information:

--A signature (electronic or physical) of the copyright holder or the holder's authorized representative;

--The identity of the infringing material;

--The location of the infringing material on the Web Site;

--A statement that you have a good faith belief that the material is infringing;

--A statement that the information you have provided is accurate; and

--A statement that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on behalf of the lawful copyright owner.

Notices must be sent to Copyright Agent, The Qpon Life, 1900 S. Prairie Avenue, Chicago, Illinois 60616.

7. Waiver/Severability.

(i) The Company's waiver of its right to enforce compliance with any provision(s) of these Terms of Services does not constit6ute a waiver on the part of the Company to act with respect to subsequent breaches.

(ii) If any provision of these Terms of Services is held invalid by a court or as a result of legislative action, that provision will be deemed severable but without affecting the validity of other provisions of the Terms of Service.

8. No Third Party Beneficiary/Assignment.

(i) Nothing contained herein shall be construed to confer on any third party any benefit or any right to enforce these Terms of Service.
(ii) You may not assign this agreement to any other person or entity. Company may assign this agreement at any time to any party or entity.

9. Complete Understanding. This Terms of Services, the Company's Privacy Policy, any FAQ's prepared for and posted on this Web Site and any merchant rules prepared for and posted on this Web Site constitute the entire understanding and agreement between you and the Company in connection with the subject matter hereof and supersede all other contemporaneous and prior agreements, both oral and Written, pertaining to that same subject matter.