Effective Date: July 15, 2011
Last Modified: August 29, 2011

General

By using or visiting the Sword.com website (the “Site”) or any Sword products and services provided to you on, from, or through the Site (collectively the "Service"), you agree to these Terms of Service (the “Terms”) and you acknowledge that you have reviewed and accept our privacy notice, found at www.sword.com and incorporated herein by reference. If you do not agree to any of these terms or our privacy notice you may not use the Service. The Service includes all aspects of Sword.com, including all deals, offers, products and services offered via the Site, as well as other features. The name Sword, the Sword trademark, and the Sword.com website are owned by Sword Internet Holding Corporation (the “Company” or “Sword”), all rights reserved. These Terms apply to all users of the Service.
We may, in our sole discretion, modify or revise these Terms at any time, by posting a revised version of the Terms to our website. Although we may attempt to notify you when major changes are made, you should periodically review the most up-to-date version of the Terms.
You agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
If these Terms conflict with any other documents, the Terms will control for the purposes of usage of the Site. You may only use certain portions of the Site, including purchasing Sword promotional vouchers, if you are a Sword registered member (a “Member”). If you do not agree to be bound by these terms and the Sword Privacy Policy, you may not use the Site in any way.

To become a Member, you must set-up a Sword account ("Account") by submitting an application ("Application") either through a sign-in service such as Facebook Connect, or by submitting your name, email address and zip code directly on Sword.com. See further instructions and descriptions of Accounts, below.

Revisions to this Agreement

From time to time, Sword may revise this Agreement. Sword reserves the right to do so, and You (the “Member”) agree that Sword has this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting and upon notice to you that changes have been made. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.

Sword agrees that if Sword changes anything in this Agreement, we will send an email to all Members indicating a change has been made. The “last modified date” at the top of this Agreement will change to reflect the changed version. If the “last modified” date remains unchanged from the last time You reviewed this Agreement , then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed.

License and Restrictions on Use

The Company grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any promotional materials listed on the site as being available to members for purposes of building their crews; and conditioned on your continued compliance with the Terms. You may not:

(a) use the Service to reproduce copyrighted materials unless such materials (promotional banners and campaigns) are made available to the members on the website under the “Advanced Crew” tab;
(b) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through Service, or features that enforce limitations on the use of the Service;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(d) modify, adapt, translate or create derivative works based upon or alter in any way the Service or the videos viewed through the Service or any part thereof;
(e) use any robot, spider, scraper, or other automated means to access the Service to aggregate or customize our features and our users' info, or for any other purpose or to bypass any measures Sword may use to prevent or restrict access to the Service;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(g) modify, interfere with, or remove any “powered by Sword” messages or similar messages, or any third party advertisements or links appearing at the bottom of a Sword webpage.
(h) give your password to any other person.

The Company, at its sole discretion, may cancel your account and terminate your use of the Site upon any unauthorized use. If your account is terminated for unauthorized use, you may be subject to forfeiture of any coins in your account at the time of termination. Upon termination, your account will be closed and you will no longer receive any coins or earnings for any future purchases of anyone in your former Crew

Member Obligations

By downloading, accessing, or using this Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Sword reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Sword.Com immediately of any unauthorized use of your account or any other breach of security. Sword.com reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

While Sword.com has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Sword is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to these issues.

Sword Vouchers

The Site offers our Members promotional vouchers ("Vouchers") to be used for discounts or special offers (“Offers”)from merchants (each, a “Merchant”) that have agreed to make these offers through our Site. These terms apply to all Vouchers except as otherwise specified on any particular Voucher and except as otherwise required by law. In the event of a conflict between these Terms and the actual Voucher, the Voucher itself will control. All persons purchasing, printing, accepting, using or attempting to use any Voucher agree to these terms and conditions.

Sword acts an as agent in selling the Vouchers on behalf of the Merchants. A Merchant is the issuer of a Voucher and is responsible for the redemption of the Voucher and for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing an Offer, a Sword Member acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its specific terms and these Terms. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion., You hereby knowingly waive and release Sword and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the Merchant in connection with the Voucher, the provision of the services and products relating to the Voucher, and compliance by the Merchant with applicable law, including, without limitation, unclaimed property and escheatment laws.

The Vouchers are coupons that provide a discount price from the actual or retail cost from the Merchant. That discount is available until the expiration date stated on the face of the Voucher. After that time, where and to the extent required by law or allowed by the Merchant, the Voucher may be redeemed by the Merchant for goods or services of the Merchant in the amount originally paid by the Member to Sword and as otherwise set forth on the Voucher. For example, a Voucher purchased for a particular service of the Merchant at the discounted price of $50 (actual retail price of $100) with an expiration date on the discount of six months from a specified date, may be used for the particular service for six months from such specified date; and then if and only if to the extent required by applicable law. If Merchant is required by law to accept voucher beyond the expiration date, the Member may use the $50 value of the Voucher to purchase other goods and services of the Merchant as set forth on the Voucher up to five years from the original voucher date. Notwithstanding the foregoing, for Vouchers that are redeemable for specific ticketed events, once the event date passes the Voucher expires. Member's acceptance of any redemption of a Voucher constitutes an acceptance of the redemption and a waiver of any claims associated with the Voucher. The Voucher may not be redeemed for products or services other than those specified on the Voucher or as otherwise specifically permitted by this paragraph and may not be used to pay account balances or for products or services purchased from the Merchant prior to the purchase of the Voucher.

Vouchers are transferable without notice to Sword or Merchant. No resale of Vouchers is permitted unless such resale is permitted pursuant to applicable law. Vouchers are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If cash redemption is required by applicable law, the Member will only be entitled to cash redemption based on the amount paid by the Member to Sword for the Voucher, not the actual or retail cost from the Merchant. Vouchers may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to Merchant except as required by applicable law. Limit one Voucher per person per visit or purchase. Neither Sword nor Merchant is responsible for lost or stolen Vouchers. If you lose your Voucher, go to the "Treasures Tab" section of the Sword site and print or see your certificate. The Merchant will accept the first Voucher presented with the unique number printed on the Voucher. Treat your Voucher as you would cash. Vouchers are subject to any limitations stated on the Voucher or by the Merchant. The issuance of any credits for the Vouchers are at the sole discretion of the Merchant except as required by applicable law. All restaurant Vouchers are valid for dine in only unless otherwise stated on the Voucher. Vouchers may not be used for alcohol, prior balances, shipping or handling, tips or gratuities or other fees except as expressly provided on the Voucher or as allowed by the Merchant and as permitted by applicable law. Unless otherwise stated on the Voucher or disclosed in connection with the purchase of the Voucher by Member, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher. Any attempted redemption of a Voucher in violation of these terms and conditions will render the Voucher void.

The Member may request a refund of the voucher within five days of purchase and Sword will refund only the amount paid by the Member for the Voucher and not the face value of the Voucher. Any request for return, refund or warranty claim by the Member beyond the five day period or after delivery of goods or services or the event taking place, must be made to the Merchant directly and the applicable refund, warranty or return policy of the Merchant or the stated terms on the Voucher will apply. In the event of time sensitive or one- time events, Sword will not refund any Member beyond the date the event took place for any reason.

In the unlikely event the Merchant goes out of business prior to the expiration date of the Voucher, Sword will provide the Member, upon request, a refund or credit for the amount paid for the Voucher if the Member is unable to redeem the Voucher.

If the Merchant is unwilling or unable to honor an unexpired Voucher please contact Sword at contactus@sword.com and Sword will issue a credit for the unused and unexpired portion of the Voucher, up to the price paid for the Voucher, to the Member for future purchases on the Site, but only after the Member has demonstrated that they have tried unsuccessfully to redeem the Voucher with the Merchant.

Member Referrals and Your Crew

As a Sword Member, you will be assigned and entitled to disseminate a Sword referral code ("Referral Code") via a customized URL or banner that is found on the Crew tab of Sword.com. Members can also refer other individuals to Sword by using the "Invite Friends" and/or "Invite People" functionality on the site. This Referral Code is uniquely associated with your Sword Member Account. If you refer an individual to become a new Sword Member ("Referred Member") and the Referred Member provides your Referral Code in the course of creating a new Member account ("Referred Account"), Sword will associate the Referred Account with your Account for the purpose of earning coins that are specific to this action. Referred Members must provide your Referral Code in the form and manner specified by Sword during the account set-up process in order to be validly associated with your Account. The establishment and use of a Referred Account by any Referred Member is subject to these Terms as applicable to any Member’s use of the Service. Without limiting the foregoing provision, Sword will assign each Referred Member his or her own Referral Code, which the Referred Member can provide to other prospective Members for earning coins and establishing "Crews," as described below.

A Member may only sign up and/or refer an individual into their crew one time. Sword reserves the right in its sole discretion to void any duplicate sign-ups by Members utilizing multiple email addresses for the same Member. Any Member that is found to have multiple accounts will only be able to earn gold and silver coins on one account.

For the period while a Referred Member maintains a valid Referred Account, said Referred Member will be determined to be in your "Crew." Notwithstanding the foregoing, upon notice to you, Sword may remove any Referred Member from your Crew for any reason at any time, in its sole discretion.

Your Crew may include up to four generations of Referred Members, as follows: (I) Each Referred Member who directly provides your Referral Code during the account set-up process will be your "First Generation Referral"; (II) each new Member who provides the Referral Code for any First Generation Referral will be your "Second Generation Referral"; (III) each new Member who provides the Referral Code for any Second Generation Referral will be your "Third Generation Referral"; and, (IV) each new Member who provides the Referral Code for any Third Generation Referral will be your "Fourth Generation Referral."

You may not solicit prospective Members to become part of your Crew or otherwise promote the Sword Service in any way that violates (i) any applicable federal, state, international, or local law, regulation, or legal guidelines ("Laws"), or (ii) the terms and conditions, rules, or other policies of any networking, social media, or other website. You agree that Sword shall have no responsibility or liability for your failure to comply with the requirements of this paragraph, and you agree to indemnify and hold Sword harmless for any claims, losses, damages, settlements, costs, expenses or other liability arising from or related to your failure to comply with the requirements of this paragraph.

You hereby agree to indemnify and hold harmless Sword against any claims made by you or any Referred Members whom you referred to the Sword services, or any other party with whom you have an association related to this Agreement, arising out of or related to any violation of federal, state or local laws relating to expiration dates or any other aspects of purchases made with Merchants.

Coin Earning and Redemption

Coin Descriptions:

Gold Coin – Gold coin are the commissions that are earned through qualified purchases by members of your crew tree. The commissions earned will vary according to the tier level of the qualified crew member. The initial commission levels set by Sword are: 2% for Tier 1; 3% for Tier 2; 4% for Tier 3 and 5% for Tier 4. These commission rates and levels may be changed at any time by Sword. Sword will provide the membership notice on the Site or via email prior to any permanent commission rate change becoming effective. Any changes in the Commission rates will not affect the coin balance at the time of the change and will apply only to purchases subsequent to the published rate change. Sword also reserves the right, in its sole discretion, to limit or lower the commission rates on any individual deal or voucher having a cost to the Member below $10. The Company will post the lowered applicable commission rates on the site prior to offering the deal. Gold Coins are the only coins that can be paid out in a cash value or redeemed during the purchase of a deal.

Silver Coin - Silver Coins are earned when the Member successfully refers a friend to become a qualified member or part of their Crew within Sword.com and that referred member purchases a deal on the Sword Site. Silver coins do not carry any “cash value” Upon the referred member purchasing a future deal on the Sword Site; the Silver coins will automatically be converted into Gold Coins at a 1:1 ratio. Silver Coins expire on the one year anniversary of the referred member’s registration if the referred member does not make a qualified purchase on the Sword site within one year of registration.

Bronze Coins - Bronze Coins never have any “Cash value” and are strictly earned for participation in games, contests or other fun activities that are implemented on Site under the “games” tab. These coins are redeemable for items in the Sword Store and/or entries into future contests, raffles or giveaways at a redemption rate determined at the time of the giveaway by Sword. For example, Sword may offer one entry into a sweepstakes, raffle or contest for every ten Bronze Coins redeemed. The member will then have the opportunity to redeem the 10 Bronze Coins for 1 entry at their discretion.

Receiving Coins

As a Sword.com member, you will be entitled to receive “Gold Coins” for purchases made by other valid Sword Members in your "Crew" (as described in the Section below). The number of coins you earn will be based on a percentage of the "Qualified," purchases (as each term is defined below) made by members of your Crew at Affiliated Merchants and will be posted on Sword.com in the "Treasures" section.

Purchases made through Sword Merchants will be deemed as "Qualified" and will earn Points if and only if all of the following criteria are satisfied: "Cookies", both first and third party (if applicable), must be enabled on the Member’s web browser. Ensuring cookie enablement on the Member’s web browser is solely the Member’s responsibility. The Member must use a link on Sword.com to access the Sword Merchant’s web site. The Sword link to a Merchant must not be altered. All pages on the Merchant’s web site must be allowed to fully load in order to ensure that Sword’s tracking information for the purchase is passed through. The determination of whether or not a purchase made through a Sword Merchant is Qualified is at the sole discretion of Sword.

Purchases are defined as the net amounts paid to the Merchant by members of your Crew after deducting for the cost of refunds, chargeback’s, warranty claims and credit card processing fees incurred by Sword. The Sword “Coin” structure is subject to modification, limitation or cancellation at any time, including, without limitation Sword’s right to establish additional means of accruing “coins”, the right to modify and delete any or all of the recognized means of accruing “coins”, their values and types, “coin” redemption terms, and the right to exclude specific types of transactions from “coin” eligibility. Sword will notify any changes to the coin system prior to implementation by posting the change and the effective date on the Site or notify the Member via email.

All coins earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Sword at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership. Sword reserves the right to terminate any account for abusive or fraudulent activity, as deemed by Sword, or if the Member is no longer reachable at the e-mail address provided, or for any other reason, in Sword’s sole discretion.

“Coins” earned by Members are subject to adjustments for returns, cancellations, charge backs, credit card processing fees and other costs incurred by Sword. Such adjustments can be applied to Member accounts at any time by Sword at its sole discretion and can appear as a negative point value in Member Accounts. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program. Sword Members are responsible for checking their account regularly to ensure that “coins” have been properly credited and that the account balance is accurate. If you do not believe that Points have been correctly credited to your account, you must contact Sword via our Member support email address posted on Sword.com within 30 days of the transaction or such actions shall be deemed accurate and you hereby waive any right to dispute said adjustment.

Redeeming Coins for Cash

Each earned Gold Coin may be redeemed for the corresponding dollar value specified on Sword.com. You can request redemption of your Gold coins for cash at any time as long as you have a coin balance equal to or greater than $25.00 in your account. You can request payment via PayPal or Electronic Fund Transfer to your bank account. PayPal payouts will only be made to PayPal accounts that are currently "Verified" based on PayPal’s account verification process (see www.paypal.com). A processing fee will be charged on all payouts. Cash redemption will be distributed to you within 45 business days of request, unless Sword specifically notifies you otherwise. Once coins have been redeemed, they are no longer valid for any subsequent redemption and they may not be returned or refunded to your Account for any reason.

Gold Coins may also be redeemed in the purchasing of a deal located on Sword.com from an affiliated Merchant.

Tax Information

Each Member will be required to fill out and send in the necessary tax documentation as required by local, State or federal law in order to receive payments or utilize Gold Coins in any way. Without this documentation, Sword will be unable to complete any transaction involving the use of Gold Coins. As a Member, you will receive a year-end tax document from Sword (Form 1099) in accordance with IRS and state income tax guidelines. The member agrees to report all earnings yearly as required by their applicable local, state and federal law. Earnings are defined for income tax purposes as any gold coins deposited into the members account during the calendar year.

If for any reason Sword decides to terminate the cash redemption program and no longer will offer the ability to turn Gold Coins into cash, Sword will provide thirty (30) days advance notice to you by email or by posting on the Sword.com website. At the end of the 30 day notice period, Sword will convert any existing Gold Coins in your account to cash payable to you at the then-current conversion rate.

Copyright and Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Sword and other parties. Other than the use of the approved Sword advanced campaigns and banners located within the “Advanced Crew” tab, Member is prohibited from using any Marks for any purpose without the written permission of Sword or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

User Names, Nicknames, Vanity URL’s and Personalized Welcome Messages

A Member’s user name is the email address that was supplied during registration. The Member may create a personalized “Nickname” and/or a “Vanity URL” and “Welcome Message” in order to promote the site and receive credit for building their individual crews. While Sword encourages Members to be creative in selecting their Nicknames and Vanity URL’s, as well as their individual “Welcome Message” Sword reserves the right to deny and/or remove any name in its sole discretion. Sword will email the Member of the denial or suspension of a Nickname, Vanity URL or Welcome Message and if the Member does not take the necessary action to change or modify the names, URL’s or messages in question, Sword will indefinitely suspend the account until such time as the Member takes the required action.

Privacy Policy

Our Privacy Policy is hereby incorporated by reference. For more information about this Policy, review it online at www.sword.com contact us in writing.

Disclaimer of Warranty

MEMBER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MERCHANTS SITE IS AT MEMBER’S SOLE RISK. NEITHER SWORD INTERNET HOLDING CORPORATION, ITS AFFILIATES NOR 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 OR ANY MERCHANTS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MERCHANT SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MERCHANT SITE.

THIS SITE AND THE MERCHANT SITE ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWORD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

SWORD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OR LEVELS OF INCOME THAT MAY BE GENERATED BY MEMBER REFERRALS AND BY RECEIVING COMMISSIONS BASED ON OTHER MEMBERS’ PURCHASES. THERE CAN BE NO ASSURANCE THAT MEMBER REFERRALS WILL RESULT IN SUBSEQUENT PURCHASES BY THOSE REFERRED MEMBERFS OR THAT YOU WILL RECEIVE ANY SUBSEQUENT COMMISSIONS. NOR IS THERE ANY ASSURANCE THAT YOU CAN OBTAIN A SPECIFIC AMOUNT OF ADDITIONAL INCOME THROUGH YOUR PARTICIPATION IN THE SWORD REFERRAL PROGRAM. SWORD DISCLAIMS ANY AND ALL WARRANTIES REGARDING PROJECTED REVENUES OR INCOME FROM REFERRAL COMMISSIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWORD INTERNET HOLDING CORPORATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, THE SERVICE, THE CONTENT ON THE SITE, OR ANY RELATED SERVICES.

Electronic Communication

When you use the Site or send emails to Sword.com, you are communicating with Sword.com electronically. You consent to receive communications electronically from the site and its Affiliates (as defined in the Privacy Policy). Sword.com 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.

Monitoring

Sword shall have the right, but not the obligation, to monitor the content of the Site and any Merchant site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Sword, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Sword shall have the right, but not the obligation, to remove any material that Sword, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Privacy and License Grant

Member acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities are public and not private communications, and that, therefore, others may read Member’s communications without Member’s knowledge or Members’ participation in any Community, including any objectionable content. Generally, any communication which Member posts to Sword.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Sword as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Merchant Site, Member grants Sword.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Sword’s Privacy Policy.

By posting communications on or through this Site or any Merchants Site, Member shall be deemed to have granted to Sword.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.

Indemnity Release

Member agrees to defend, indemnify and hold harmless Sword.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by Member in connection with the Site or any Merchant Sites.

Member is solely responsible for interactions with Merchants and other users of the Site or Merchant Sites. To the extent permitted under applicable laws, Member hereby releases Sword.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, Member hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”

Third Party Content

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, Member, or other user not under contract with Sword.com. Sword.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Sword.com by anyone other than authorized Sword.com employee spokespersons while acting in official capacities. Under no circumstances will Sword.com be liable for any loss or damage caused by a Member’s reliance on information obtained through Sword.com. It is the responsibility of Member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Sword.com.

Sword.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Sword.com of the contents on such third-party sites, and Sword hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If Member decides to access linked third-party websites, Member does so at its own risk. Unless you have executed a written agreement with sword.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Merchant Site from any other website. Sword.com reserves the right to revoke its consent to any link at any time in its sole discretion.

Governing Law

These Terms of use and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of New Jersey, excluding its conflict of law provisions.

Arbitration

By using this Site, Member agrees that: (1) any claim, dispute, or controversy Member may have against Sword.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Merchant Site, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for Member), or at such other location as may be mutually agreed upon by Member and Sword.com; (3) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Member’s and/or Sword’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the Member is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sword.com will pay as much of the Member’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Member nor Sword shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Members may visit the AAA website at http://www.adr.org.

Term and Termination

These Terms will take effect at the time you either click "I ACCEPT" or any similar syntax, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Sword.com reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and the Terms will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate your Sword membership any time by ceasing to use the Site and by contacting Sword to terminate your account, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Sword’s proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive termination for any reason.

Waiver and Severability

Failure to insist on strict performance of any part of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Sword of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder shall continue in effect.

Successors and Assigns

We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Sword or its assets are acquired by another entity, that entity will assume Sword’s rights and obligations as described in these Terms. You may not assign your rights or obligations hereunder by operation of law or otherwise, without our prior written consent.

Entire Agreement

No joint venture, partnership, employment, or agency relationship exists between you and Sword.com as result of these Terms or your utilization of the Site. The Terms, Sword’s Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Sword.com with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Sword.com with respect to this Site. You may not assign or transfer any rights under this Agreement without the prior written consent of Sword.

Disclosures

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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.