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TERMS


You will receive email communications from Mercedes-Benz USA and your local dealership because you have given us permission to communicate with you via this email address. We understand and respect your need for privacy. Any personal information provided to us will be stored in a secure environment and will not be misused. Meeting the needs and expectations of our customers has always formed the foundation of everything we do, and protecting your privacy is no exception. Learn more about the Mercedes-Benz USA privacy policy.


Last updated: August 5, 2011


IMPORTANT: ALL USERS MUST READ THIS SECTION


ANALOG ANALYTICS INC.


ACCEPTANCE OF TERMS AND CONDITIONS


By using this Site, you ("you" or the "End User") agree to the terms and conditions that we ("Analog Analytics") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.


I. TERMS OF USE


1. Definitions.

"Analog Analytics" provides an interactive online service operated by Analog Analytics Inc. (herein referred to as “Analog Analytics”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Analog Analytics, affiliates of Analog Analytics, customers of Analog Analytics and other third parties.

“Site” shall include www.analoganalytics.com, the mobile and touch versions and any individual sits or customer-specific, publisher sites, advertiser sites, merchant-specific, city-specific, or other sspecific sites that we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) are also included in the definition of “Site” and will be collectively referred to as the “Site” in these Terms of Use.

“Agreement” or “Terms of Use” or “Terms” means the terms and conditions set forth herein, as may be modified or supplemented from time to time as further described below.


2. General.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Analog Analytics, and Analog Analytics shall not be responsible for any data lost while transmitting information on the Internet. While it is Analog Analytics’ objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Analog Analytics, access to the Site may be interrupted, suspended or terminated from time to time.

Analog Analytics shall have the right at any time to change or discontinue any aspect or feature of Analog Analytics, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Analog Analytics may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. By using this Site, you also agree to be bound to the terms and conditions and privacy policy of any customer of Analog Analytics in which you accessed these Terms of Use.


3. Modified Terms.

Analog Analytics reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Analog Analytics's posting thereof. Any use of Analog Analytics by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.


4. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Analog Analytics shall not be liable for any damages to the End User's equipment resulting from the use of this Site.


5. End User Conduct.

Our Site is private property, which shall include each of the following: any individual sites, publisher sites, advertiser sites and any individual sits or customer-specific, merchant-specific, city-specific, Microsites or other are-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:



The foregoing provisions of this Section 5 apply equally to and are for the benefit of Analog Analytics, its subsidiaries, affiliates publishers, advertisers, merchants, other business partners and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.


6. Intellectual Property.

All right, title and interest in the Site and the Microsites, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Analog Analytics or its licensors, except for any third-party owned Site or Microsite which shall belong solely and exclusively to such third party or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Microsites constitute a valuable trade secret and/or is the confidential information of Analog Analytics or its licensors or third party business partners, as applicable. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or the Micorsites, in whole or in part. All content and materials included as part of the Site and Microsite, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Analog Analytics or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Analog Analytics or its licensors owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Site or the Services may cause Analog Analytics and its licensors irreparable injury, which may not be remedied at law, and you agree that Analog Analytics and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

The Analog Analytics name, logo, other related names, including Bigger Better Deal, design marks, product names, feature names and related logos are trademarks of Analog Analytics and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Analog Analytics. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Analog Analytics and may not be copied imitated or used, in whole or in part, without the express prior written permission of Analog Analytics.

End User shall not upload, post or otherwise make available on this 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. Analog Analytics does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Analog Analytics the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Analog Analytics the rights to edit, copy, publish and distribute any material made available on this Site by End User.

We respect the intellectual property rights of others, and ask you to do the same. Analog Analytics’ policy is to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on any of our Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice of copyright infringement can be reached at legal@analoganlytics.com, or by sending postal mail to the following address

Copyright Agent
Analog Analytics Inc.
420 Stevens Avenue, Suite 350
San Diego, CA 92075
Attention: General Counsel

The foregoing provisions of Section 6 apply equally to and are for the benefit of Analog Analytics, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


7. Monitoring.

Analog Analytics shall have the right, but not the obligation, to monitor the content of the 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 Analog Analytics, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Analog Analytics shall have the right to remove any material that Analog Analytics, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


8. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Analog Analytics does not control or endorse the content, messages or information found in any Community, and, therefore, Analog Analytics specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Analog Analytics (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 Analog Analytics as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Analog Analytics the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Analog Analytics’ Privacy Policy.


9. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Analog Analytics 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, and to sublicense such rights through multiple tiers of sublicensees.


10. Indemnification.

End User agrees to defend, indemnify and hold harmless Analog Analytics, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Third Party Sites by End User.

End User is solely responsible for its interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Analog Analytics from any and all claims or liability related to any product or service of a Merchant, any action or inaction 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.


11. Term and Termination.

Analog Analytics may terminate this Agreement at any time. Without limiting the foregoing, Analog Analytics shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Analog Analytics, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 1-3, 5-19 will survive termination of this Agreement.


12. Linking to Site.

You are permitted to link to the home page of our Web site at AnalogAnalytics.com and, unless we indicate otherwise, to deep link to internal pages of our Web site on which the Services are provided. You are permitted to utilize any widgets, code generation, short linking service or other linking tools provided on the Service for the purpose of sharing content as part of the Service. Notwithstanding the foregoing, framing of the Services as part of any other Web site or service, or any other manner of incorporating all or any portion of our Services or the Services Content (as defined below) as part of another Web site or service, is not permitted without our prior written consent.


13. Third Party Content.

Analog Analytics, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Analog Analytics has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Analog Analytics. Neither Analog Analytics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

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

Analog Analytics contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Analog Analytics of the contents on such third-party sites and Analog Analytics hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Analog Analytics expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Analog Analytics reserves the right to revoke its consent to any link at any time in its sole discretion. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."


14. Mobile Services.

The Services may include certain services and features that are available via your mobile phone or other mobile device, including the ability to receive Analog Analytics messages (hereinafter, the "Mobile Services"). We may charge for Mobile Services. In addition, your carrier's normal messaging, data, and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you (including, without limitation, by way of third-party messaging services) regarding Analog Analytics and other entities by SMS, MMS, text messages, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Analog Analytics account information to ensure that your Analog Analytics-related messages are not sent to the person who acquires your old number.


15. Sharing Services.

Our Services may include services and features whereby users can share with others, or post to their profiles or other portions of the Services, videos, articles, and other Services Content, and links to information, content, materials, and software applications (collectively, "Content") on third-party sites and services (such features, "Sharing Services"). You acknowledge and agree that your use of the Sharing Services and all links, and Content that you share through the Sharing Services are subject to, and must comply fully with, this Agreement.


16. Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER ANALOG ANALYTICS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE 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 (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT ANALOG ANALYTICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL ANALOG ANALYTICS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE THIRD PARTY SITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ANALOG ANALYTICS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

ANALOG ANALYTICS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE THIRD PARTY SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ANALOG ANALYTICS. MOREOVER, ANALOG ANALYTICS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, ANALOG ANALYTICS, DEEMS UNSUITABLE.


17. Miscellaneous.

This Agreement and any operating rules for vouchers established by Analog Analytics constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Analog Analytics' headquarters are in San Diego, California. Legal issues arising out of, but not exclusive to the use of, this Site or the Third Party Sites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Third Party Site, shall be finally settled by arbitration in San Diego, California under the rules of arbitration of the American Arbitration Association.

For Florida residents purchasing vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.

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. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software The provisions of these Terms of Use, including the Terms of Sale, apply equally to and are for the benefit of Analog Analytics, its subsidiaries, affiliates, customers, publishers, advertisers, business partners, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.


18. Notice and Assignment

Analog Analytics may give notice by means of a general notice via the Site, electronic mail to your email address on record in Analog Analytics' account information, or by written communication sent by first class mail or pre-paid post to your address on record in Analog Analytics' account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Analog Analytics via email to legal@AnalogAnalytics.com. This Agreement may not be assigned by you without the prior written approval of Analog Analytics but may be assigned without your consent by Analog Analytics to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.


19. Feedback

We may provide you with means to provide feedback, suggestions, and ideas, if you choose, about the Site, our products and Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the Services.

Further, by providing us with any Feedback, you hereby irrevocably transfer and assign to Analog Analytics and agree to irrevocably assign and transfer to Analog Analytics all of your right, title, and interest in and to all of your Feedback, including all intellectual property rights therein. At Analog Analytics' request and expense, you will execute documents and take such further acts as Analog Analytics may reasonably request to assist Analog Analytics in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for your Feedback.

Additionally, you hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display any and all such Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.


II. TERMS OF SALE

By placing an Order for a voucher (a “Voucher”), you make an offer to Analog Analytics or any of our publishers, advertisers or other third party customers and vendors to purchase the Vouchers you have selected on the terms and conditions stated below. For more information, please view our privacy policy.

You are required to create an account, including the establishment of a password, in order to purchase a Voucher. An account is required to use the Site. You are responsible for all activity occurring when the Site is accessed through your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site. You shall: (i) notify Analog Analytics immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) keep all of your profile information current. You will be responsible and liable for all communications and actions that take place through the use of your account, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

Vouchers you purchase are redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Analog Analytics nor any of our publishers, advertisers or other third party customers and vendors, is the seller of the goods and services and is solely responsible for redeeming any Analog Analytics Voucher that you purchase. Analog Analytics, through our publishers, advertisers or other third party customers and vendors, sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant. The Merchant is the issuer of the Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Analog Analytics and its subsidiaries, affiliates, partners, publishers, advertisers, business partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services/goods it provides in connection with it.

Vouchers purchased on the Site by you as a Analog Analytics account holder, are special promotional offers that you purchase from participating Merchants through our service. The Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. By placing an order for a Voucher, you make an offer to purchase the Voucher you have selected pursuant to the terms of this Agreement, the terms on the Voucher itself and any additional, deal specific terms advertising the Voucher at the time of purchase (the “Fine Print”). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.

There are two separate parts to each Voucher: (a) the purchase value and (b) the promotional value. Together the purchase value and the promotional value add up to the full offer value of the Voucher and appears in the upper right hand corner of the Voucher Voucher. The purchase value is the amount you pay to buy a Voucher. The purchase value does not expire until it is used or refunded. The promotional value is the “added” value of the Voucher – the amount in excess of the purchase value. The promotional value will expire by the date stated on the face of the Voucher unless applicable law prohibits the promotional value from expiring. For example, if you pay $20 for a Voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 (and that amount dos not expire until it is used or is refunded), and the promotional value is $30 and it expires on the date stated on the Voucher (unless expiration of the promotional value is prohibited by law).


1. Terms and Conditions for Restaurant-Specific Vouchers

For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Analog Analytics Vouchers.



2. Terms and Conditions for Non-Restaurant Merchant Vouchers


3. Additional Terms and Conditions for All Analog Analytics Vounchers

All Vouchers printed from the Analog Analytics website or any website associated with Analog Analytics, including any of our publishers, advertisers or other third party customers, vendors and business partners, are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Analog Analytics and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.

Purchase, use or acceptance of a Voucher constitutes acceptance of these Terms of Use and of any Fine Print stated on the Voucher. The following terms apply to all Vouchers, unless stated otherwise in a Voucher’s Fine Print or otherwise required by applicable law:


The Merchant is the issuer of the Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Analog Analytics and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services/goods it provides in connection with it.

PRIVACY POLICY

Last updated: May 27, 2009

Analog Analytics is committed to protecting your privacy when you use the Analog Analytics Service, which is comprised of (i) the Analog Analytics website, currently located at www.analoganalytics.com and www.txt411.com (and/or any successor or additional website(s) owned or operated by or for Analog Analytics, Inc.); (ii) the Analog Analytics syndication network (which includes third party websites); (iii) the Analog Analytics text messaging service; (iv) the Analog Analytics coupon services (v) the servers operated by or on behalf of Analog Analytics; and/or (vi) any other technology and/or services that Analog Analytics provides its users. The following Privacy Policy was prepared to inform you of the information we collect about you, how that information is used, whether and to whom we disclose it, and the choices you have regarding your personal information.

It is very important that you read and understand our Privacy Policy. If you do not accept the terms set out in our Privacy Policy, please do not use the Analog Analytics Service.

We may update this Privacy Policy from time to time. We will advise you that changes have been made by posting a notice on our website or otherwise. Your use of the Analog Analytics Service constitutes your acceptance of the terms of our Privacy Policy, as may be amended or revised by us, and you are advised to consult our Privacy Policy regularly for any changes (revisions will be reflected by the "last update" notation below).

If you have any questions regarding Analog Analytics’ policies or practices relating to privacy, please direct them to info@analoganalytics.com.

Collection and Use of Information

While using the Analog Analytics Service you may, among other things, gather information on our website, reply to advertisements, receive third party coupons and special offers, download content, subscribe to one of our services. In doing so, we may collect certain information about you.

We may automatically collect certain aggregated data regarding use of the Analog Analytics Service, like the number of users and frequency and manner of usage of the Analog Analytics Service. We may also collect aggregated information regarding the use of our subscription-based service network, such as the extent to which certain features are used. Aggregated information is anonymous, statistical information that reflects the scope of our user base, sales, customer patterns and related site information. We use this information to better understand how the Analog Analytics Service is used, and to improve the experience of our users. This information is not used in a way that will personally identify you. In addition, certain non-personally identifiable information is collected by Analog Analytics and our third-party advertising providers during the course of serving advertisements to our website, including, the number of times you have viewed an advertisement. Such information is used by Analog Analytics and our advertising providers to facilitate and monitor the serving of advertisements.

Similarly, we may also use cookies to track and understand the traffic on our website. Cookies are alphanumeric identifiers that our website places onto your computer's hard drive. Cookies identify your computer hard drive so that we can recognize you the next time you visit us. We use cookies to collect and store some information about you, such as the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access our website and the Internet address of the website from which you linked directly to our website. We use this information to better understand our users and customize our site for users' particular preferences. In the same manner, we may also engage third parties to monitor the usage of, and serve advertising to, the Analog Analytics Service. These third parties may use cookies and web beacons (which collect non-personally identifiable information regarding user behavior on our website) to collect such information, which is also used to better understand our users and customize our site for users' particular preferences. You may disable cookies by following directions on your web browser. Disabling cookies also disables web beacons. You should be aware, however, that by disabling cookies you may be unable to access certain services and features of the Analog Analytics Service.

"Personally Identifiable Information" refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, order a product or service, receive a coupon, fill out surveys, participate in contests or sweepstakes, correspond with us, or otherwise volunteer information, for instance, through the use of one of our advertisements, trial offers or coupon offers. Personally Identifiable Information might include your name, location, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. Whenever you respond to a coupon offer or other advertisement, we may collect information about your demographics such as your age, location, nationality or gender. With this information, we can fill your service and product orders and better provide you with personalized services. You also may have the option of importing information into certain Sites from third-party software. This information may include the types of information described above, as well as other types of information that you have entered into these third-party programs. This information may be used to fulfill your requests for services, to communicate with you about your account, to support your online activities, to respond to your questions, to customize your experience and to customize the content or features of the Analog Analytics Service. We may use your personally identifiable information to notify you of changes to the Analog Analytics Service, Terms of Use and/or Privacy Policy. We may also use your personally identifiable information to personalize your interactive experience on the Analog Analytics Service. For example, if you have given us permission, we may use your information to inform you of other products or services that you may find valuable. We may also use the information you provide to make improvements that better serve our users' needs.

When you respond to an advertisement or offer from us or one of our customers, we collect Personally Identifiable Information from you. If you respond to an advertisement or offer, we may collect and maintain your name, email address, mailing address, telephone or mobile number, product selections, order number, referring URL, IP address and a password, as well as the recipient's name, address, telephone or mobile number and email address, as applicable. We collect this, and other information, as disclosed in this Policy, in order to fill your offer, to communicate with you about your offer, or the recipient, as appropriate, and to send you promotional materials.

When an order is placed for delivery to you by a third party we need to collect Personally Identifiable Information regarding the third party to fulfill the order. This information includes their name, address, telephone or mobile number and email address.

If you prefer not to receive information about additional products and services that we think you may be interested in, you can choose not to receive this information by opting-out when given the opportunity at the point we ask you for your contact information. You may also choose to opt-out after the fact by following the Opt Out instructions provided below.

Disclosure of Information

We may share aggregated statistical information about users of the Analog Analytics Service with third-parties, including our distributors, vendors, actual and potential customers and third-parties that offer products or services for use with the Analog Analytics Service. This information is not linked to any personally identifiable information.

Analog Analytics will not share your personally identifiable information with any third-parties, with the following exceptions:

  1. As necessary to third parties who perform services for us in operating and marketing the Analog Analytics Service, included but not limited to the monitoring of user behavior on our website and the processing of payments for products or services.
  2. As necessary to provide marketing, data, and other information related to user personally identifiable data for the purpose of measuring information of audiences responding to public advertisement and offers.
  3. If you obtain the Analog Analytics Client bundled with product(s) from a third-party company, we may share some of your personally identifiable information with that company. If we share your personally identifiable information with such a company, that company's privacy policy will govern its use of your information.
  4. We may be obliged or deem it necessary or appropriate to disclose your information in certain special situations. These situations include: in response to legal process such as a court order or subpoena; to prevent or combat fraud; as required by federal or state law; enforcement of our Terms of Use; and protection of the rights, property or safety of Analog Analytics, our users or others.
  5. We may disclose your information in connection with a merger, acquisition, or liquidation of our company and to parents, subsidiaries or affiliates of Analog Analytics.

Security

Analog Analytics is committed to taking appropriate measures to protect your privacy against unauthorized disclosures. Analog Analytics uses a variety of secure techniques designed to protect your information.

While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. As such, we cannot guarantee that the safeguards we employ today can protect your personal information from the threats of tomorrow, or that our security measures are failsafe and not subject to circumvention or unauthorized intrusion. You should also be aware that, despite our best efforts, factors beyond our control may result in disclosure of data.

Third-Party Links

Portions of the Analog Analytics Service may contain links to other third party websites that you may access. These other sites have their own privacy policies, and you should review those policies before following those links. We cannot control the information disclosed at these third-party sites or how that information is used.

Young Children

We do not knowingly collect any personal information from children under the age of 18. To best protect your child’s privacy, we suggest that you carefully supervise your child’s access to the Internet, our offers and our website. For more information on how to protect your child’s privacy, you can visit the Federal Trade Commission's Kids privacy page, accessible via www.ftc.gov.

Opt-Out

The Analog Analytics Service provides users the opportunity to opt-out of receiving certain communications from us regarding products and services in which you may be interested. You will be given this opportunity at the time we request information about you. If you do not opt-out at the time you provide information, but choose to opt-out later, click here to send an email indicating that you no longer wish to receive such communications. Please provide your name and physical and/or email address(es) at which you are receiving the unwanted communications.

Notice for Users Outside of the United States

You should be aware that the United States and other countries have not harmonized their privacy regulations. Because the Analog Analytics Service is intended specifically for users in the United States, we have written our Privacy Policy to satisfy United States regulations. By using the Analog Analytics Service, you agree to the level of privacy protection set out in our Privacy Policy.

Offer Disclaimer


Limit two vouchers per customer. Vouchers can only be used for maintenance and repair services performed on Mercedes-Benz vehicles at participating Mercedes-Benz dealers through July 14, 2013. After the voucher’s expiration, it is valid only for the amount paid (e.g., $50 off maintenance and repair services). Up to two vouchers purchased can be used towards the same repair order; however, they cannot be combined with other discounts, promotions or offers. Vouchers must be presented at the time of service, may not be photocopied and are non-transferable between customers. Vouchers may not be used on previous labor and parts service, or for over-the-counter parts or accessories purchases. Customer is responsible for all sales and use tax.