By entering your email, logging into your account, or accepting notifications,
you agree to receive personalized Community First Network deals each day.
You may cancel at any time.
Welcome to the Community First Network 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 May 10, 2021.
ACCEPTANCE OF TERMS OF USE
Community First Network, Inc. (“CFN” "we" or “us” or “our”) owns and
operates the website,
www.CommunityFirst.Network, the mobile and touch versions and any sites we have now or in the
future that reference these Terms of Use (collectively, "Site").
By (a) using the Site and Community First Network’s services through the Site,
(b) signing up for an account and/or
(c) completing a purchase on 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, incorporated herein by reference and located
within our Privacy Policy ("Privacy Statement"),
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 COMMUNITY FIRST NETWORK SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY DISCOUNT,
PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY:
(A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT,INCLUDING THE CLASS
ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY,AND
(C) INDEMNIFICATION/RELEASE.
1. About the Site
The Site is a platform through which certain merchants (“Merchants”)
(a) offer discounts for goods, services, or experiences (“Discounts”),
(b) sell travel goods and services (“Getaways”),
sell gift cards (“Merchant Gift Cards”),
(c) sell goods and services directly to you (“Merchant Products”),
(d) make available discounts, promotional codes, giveaways, samples, and offers for
software downloads (“Discounts”), (e) sell dining experiences for specific dates
and times ("Reservations"), (f) sell food, beverage and other products for delivery
and takeout (“Online Ordering”), (g) make available certain offers,
including “card linked deals” (as defined in the Special Programs
section of the Terms of Use), and (h) enable you to schedule use of your Discount
on a specific date and time (“Bookings”) (collectively (a)-(h),
“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. Discounts may be distributed by Community First Network Merchant Services,
Community First Network.
More information about the distributor of a particular Discount is available upon request.
In addition, the Site also provides a platform through which you can purchase products from
Community First Network (“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 Community First Network’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) Community First Network 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 Community First Network; 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 Community First Network.
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, including all account
information, 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 or using the guest checkout feature on the Site, and any
purchase will be subject to the applicable
Terms of Sale set forth in these Terms of Use.
4. Access of the site
Community First Network 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 be prospective only and not retroactive.
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 or debit 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 Community First Network
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.
Your account is non-transferable. 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 canceled, you may forfeit any pending, current, or future account
credits (if applicable), and any other forms of unredeemed value in your account without notice.
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, 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 Community First Network purporting to
speak on behalf of Community First Network or provides confidential information concerning
Community First Network;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud, or falsifies information in connection with your
Community First Network account or to create multiple Community First Network 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 Community First Network; 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 Community First Network, 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 Community First Network;
- 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 Community First Network 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 Discount) 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 Community
First Network, our Merchants, or our services.
8. Your Privacy
We take the privacy of your Personal Information (defined in the Privacy Statement) 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 and subject to these Terms of Use.
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.
10. Special Programs
By participating in special programs offered by Community First Network, such as Community First Network
Random Acts of Kindness, Referral Program, or Discounts, you agree to these Terms of Use as described
11. 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 Community First Network 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. Community First Network 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 intercept, misappropriate, interrupt, destroy or limit
the functionality of any software or computer equipment.
Community First Network 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 Community First
Network,
as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting
the
foregoing, Community First Network shall have the right to remove any material from the Communities or
any
other Community First Network controlled sites, in its sole discretion. Community First Network assumes
no liability for any User Content or other information that appears or is removed from the Site or
elsewhere.
Community First Network 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. Community First Network 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
Community First Network’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. Community First Network 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 Community First Network. Other users may post User Content that is
inaccurate, misleading, or deceptive. Community First Network 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 Community First Network. Community First Network 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 Community First Network 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, your name, initials, username, social networking
website user account name, image, likeness, preferences, voice, and location.
You grant Community First Network a royalty-free, perpetual, irrevocable, sublicensable,
fully paid-up, non-exclusive, transferable, 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, Community First Network shall have no obligation to use your Personal Information in
connection with any User Content.
-
As between you and Community First Network, 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 Community First Network a royalty-free, perpetual,
irrevocable,
sublicensable, fully paid-up, non-exclusive, transferable, 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.
Community First Network’s license in any User Content or Personal Information submitted
includes,
without limitation, 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 you 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.
12. Unsolicited Ideas
We do not accept or consider, directly or through any Community First Network 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:
- Community First Network has no obligation to review any Unsolicited Materials, nor to keep any
Unsolicited Materials confidential; and
- Community First Network will own, and may use and redistribute, Unsolicited Materials for any
purpose without restriction and free of any obligation to acknowledge or compensate you.
13. Disclaimer of Warranty
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
COMMUNITY FIRST NETWORK, NOR 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, COMMUNITY
FIRST NETWORK 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. THE WARRANTY LIMITATIONS IN THIS SECTION ARE
NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF
PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY COMMUNITY FIRST NETWORK THAT ARE
INCLUDED
IN OTHER APPLICABLE TERMS.
14. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY FIRST NETWORK, 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 DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, 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 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 PURCHASED OR OBTAINED DIRECTLY 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 COMMUNITY FIRST NETWORK’S LIABILITY IN CONNECTION WITH A MERCHANT
OFFERING,
PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE DISCOUNT, PRODUCT,
OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED
DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS
REPRESENTATIONS
OR WARRANTIES BY COMMUNITY FIRST NETWORK THAT ARE INCLUDED IN OTHER APPLICABLE TERMS,
NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.
15. Electronic Communications
When you use the Site or send emails to Community First Network, 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.
16. 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.
17. Indemnification/Release
You agree to defend, indemnify, and hold harmless Community First Network, 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 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; (b) fraud you commit or your intentional misconduct or
gross negligence; or (c) 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 Community First Network 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.
18. Force Majeure
Community First Network shall be excused from performance under these Terms of Use, to the extent it or
a
Merchant 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 Community First Network or a
Merchant, as applicable.
19. 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 Community First Network.
Any attempted assignment that does not comply with these Terms of Use shall be null and void.
Community First Network may assign these Terms of Use, in whole or in part, to any third-party in its
sole discretion.
20. Entire Agreement
The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs,
Privacy Statement, and other terms incorporated by reference, constitute the entire agreement and
understanding between you and Community First Network with respect to the subject matter hereof and
supersedes all prior or contemporaneous communications and proposals, whether oral or written,
between you and Community First Network with respect to such subject matter.
21. 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
Community First Network’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 Community First Network’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. Community First Network 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.
22. Dispute Resolution/Arbitration Agreement
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between
you and Community First
Network and/or its subsidiaries, affiliates, and/or any of their respective members, officers,
directors, and employees (all such entities collectively referred to herein as the
“Community First Network Entities”) arising out of, relating in any way to, or in connection with
the
Terms of Use, the Site or your use of the Site, your Personal Information, or any Products or
Merchant
Offerings (“Dispute(s)”) 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 Community First Network 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)).
(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
and that the arbitrator may award relief (including injunctive relief) only on an individual basis.
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, which you shall
have the right to bring in a court of competent jurisdiction in the county in which you reside,
you and Community First Network agree that any Dispute may only be instituted in a state or federal
court in Cook County, Illinois/Northern District of Illinois; (ii) you and Community First Network
irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for
resolution of such Disputes; and (iii) you and Community First Network agree to waive any right to
a trial by jury. You and Community First Network 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.
(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 illegal or intentional act
affecting the accessibility, functionality, or the security of the Site, and/or any illegal or
intentional act against your interests or the general business interests of Community First Network.
(e)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.
23. Additional Disclosures
No waiver by either you or Community First Network 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.
You are contracting with Community First Network, Inc. Correspondence should be directed to:
Community First Network, Inc., 402A W. Palm Valley Blvd. Suite 177. Round Rock, TX. 78664;
Community First Network Customer Support
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs by contacting them in
writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834,
or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to, and are for the benefit of,
Community First Network, 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.
