ACCEPTANCE OF THE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEB SITE.

This Terms of Use Agreement ("Agreement") is a legal agreement between you and Valpak Direct Marketing Systems, LLC ("Valpak," "Company," "we," or "us"). The following terms and conditions, together with any documents or separate policies they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.valpak.com, including any content, functionality and services offered on or through Valpak.com (the "Website"), whether as a guest or a registered user.

Valpak may change these terms and conditions at any time and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the Web site will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Web site.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy (the "Privacy Policy"), incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, then you must immediately discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to this Agreement.

This Website is offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must discontinue access and/or use of the Website.

INTELLECTUAL PROPERTY RIGHTS

Copyright

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Valpak, its affiliates, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your Web browser for display enhancement purposes; you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications. You may also print or download the coupons provided on this Website as frequently as you wish.

You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; and you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: digitalsupport@valpak.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Valpak. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

All rights in the trademarks, service marks, company logo(s), trade names, produce names, product packaging, and designs of Valpak or an affiliated third party, whether or not appearing in large print or with trademark symbol, belong exclusively to us or their respective owner and are protected under United States trademark copyright laws. You must not, and expressly agree you will not, use, download, reproduce, or transmit such marks without the prior written permission of Valpak or the owner of the mark.

Copyright Infringement

If you believe that any content on the Website infringes upon any copyright you own or control, please send written notification to us at digitalsupport@valpak.com. Your email must explain the basis for the alleged infringement.

Our Marks

CHANGES TO THE WEBSITE

We make an effort to keep the information on this Website reliable and accurate, but we do not guarantee the reliability or accuracy of any of the information on either this Website or on sites that are linked to this site. Valpak also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. User are responsible for making all necessary arrangements to have access to the Website and to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. This information may include, by way of example and not limitation, your first and last name, your employer, your employer's information, your email address, your phone number, and your physical and/or mailing address. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To access the Website, you are not required to register with us. However, certain sections, features of the Website, or additional communications from us may only be available to users who have provided certain personally identifiable information to us ("Registered Users"). All Registered Users agree to accurately maintain and update any personal information provided to us. Active users may only have one (1) Registered User account for the Website at any given time.

If you choose, or are provided with, a user-name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at: digitalsupport@valpak.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

PROHIBITED USES

You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Further, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; use any manual or automated process to monitor, copy, or scrape any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and/or otherwise attempt to interfere with the proper working of the Website.

ELECTRONIC COMMUNICATIONS

All communications that we provide to you will be (1) via email, (2) SMS text, (3) an online survey technology platform, or (4) by a designated website sent to you in an email or website notice. You are responsible for any fees imposed by your cell phone service provider even if your use of our service causes those fees to change. The Company assumes no liability for any costs associated with text messages that we send to you. Any messages sent by us are also subject to any terms and conditions of your agreement with your cell phone provider. You specifically agree to receive and/or obtain "Electronic Communications" from the Company. The term "Electronic Communication" includes, but is not limited to, documents, statements, data, records, and any and all federal, state, and/or local laws and regulations that we are required to notify you of. You acknowledge that, for your records, you are able to retain the Company's Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to when agreeing to the terms of this Agreement. By accepting this Agreement, you give us your affirmative consent to provide electronic communication to you and if requested, you will provide us with a valid and current email address which we may send Electronic Communications to.

TERMINATION

We may terminate your use of the Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all content obtained from the Website and all copies thereof. The provisions of this Agreement concerning the Website security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you choose to do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code that may be harmful to your device(s). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and any and all respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the State of Florida (without regard to the rules governing conflicts or choice of laws). They contain the entire understanding and agreement of the parties relating to the subject matter. In the event that any provision of these terms and conditions is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.

ARBITRATION

Any controversy or claim arising out of or related to this Agreement or use of the Website, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org or by searching the American Arbitration Association's website. One arbitrator shall preside over the arbitration. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, Valpak will pay all costs unique to arbitration, except that you shall be required to pay a portion of the filing fee equal to the filing fee for a complaint filed in the state court serving your locale that would otherwise have had subject matter jurisdiction over the dispute.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, including the Privacy Policy and any other documents or policies integrated herein, constitute the sole and entire agreement between you and Valpak with respect to your use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Valpak Direct Marketing Systems, LLC, 1 Valpak Avenue N, St Petersburg, FL 33716 or email us at: digitalsupport@valpak.com.