Welcome to The Official Interstate Guide! Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at OIG (the “Services”). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Touring Publications, Inc. (“OIG”). OIG may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when OIG does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.
1. Purpose and Description of Services.
OIG provides users with a means of publishing information that can be retrieved from mobile phones and the Internet. To use our Services, you select a unique keyword. The use of such keyword in the OIG service does not grant you ownership of such keyword. OIG retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. OIG may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that OIG shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of OIG and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services – including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. OIG uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of OIG. By using the Services you agree that OIG shall not be liable to you for any modification, suspension or discontinuance of the Services.
All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as “Content.” OIG attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using OIG, you may be exposed to this Content. Under no circumstances will OIG be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via OIG.
People over whom OIG exercises no control develop the Content delivered, stored or linked to by the Service. OIG’s automated machinery and computers store the Content that is presented by OIG, and OIG cannot and does not screen the Content (but reserves the right to do so) before including it in the Service. Using the Service may include Content and/or links to Content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content and assume no responsibility for the Content of any kind provided through the Service.
2. Restrictions on the use of the Services.
By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
OIG reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, OIG reserves the right to share any information with any third party. In addition, OIG reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
3. Age Requirements and Limitations on Use of Services.
Users of the Services must be at least 18 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by OIG. If OIG determines that it has collected personal information of children under the age of 13, OIG will immediately delete such information.
4. Trademarks and Copyrights
All trademarks, brands and service marks used in conjunction with the Services by OIG shall be the property of OIG. OIG shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at OIG. Permission for use of such content must be obtained from the copyright owner. OIG claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to OIG a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
5. Copyright Infringement
OIG respects the intellectual property rights of others. However, you agree that OIG is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact OIG via the email address: info at portal.nightlyhoteldeals.com
Some premium content is available on a fee basis. When purchasing fee based content, you will receive a text message to explicitly agree to the fee. All fees are displayed within the text message. You agree to pay your mobile device operator the fee that corresponds to the content you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
7. Disclaimer of Warranty and Limitations of Liability.
OIG expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL OIG BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF OIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold harmless OIG and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). OIG reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with OIG and its counsel in the conduct of such defense.
9. Forum and Choice of Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Tennessee, or state courts located in the county of Greene and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Entire Agreement
These Terms of Service constitute the entire agreement between the you, the user, and OIG with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between OIG and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.
11. DataSphere Coupon Network
DataSphere’s Provision of Services and Reservation of Rights
The Terms of Your Relationship with DataSphere This Advertising Agreement (this “Agreement”) is entered into as of the date above written by and between DataSphere Technologies, Inc., a Delaware corporation (“DataSphere”), and the undersigned advertiser (the “Advertiser”, “you” or “your”). Any additional or different terms including terms in any purchase order or order confirmation will have no effect unless expressly agreed to in writing by DataSphere and notice of objection to them is hereby given. Neither DataSphere’s acknowledgment of a purchase order nor DataSphere’s failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
You hereby authorize the Agreement as described above. By your electronic signature below, you confirm that you are authorized to bind your company or firm to the terms set forth in this Agreement, that all information you have submitted in connection with this Agreement is complete and correct, that the terms set forth herein become a binding contract upon you, your company or your firm.
Advertiser hereby warrants and represents that ( (a) it has full power and authority to enter into this Agreement and comply with the terms and conditions hereof; (b) the person executing this Agreement on its behalf has been properly authorized and empowered to enter into this Agreement; (c) its listings, logo, profile page and website and any content or copy therein will not infringe the intellectual property rights of any third party or be in violation of any Legal Requirements, and you have obtained any releases or clearances required to use any of the foregoing; (d) the performance of its obligations under this Agreement is not and will not be in violation of any other contract, agreement or understanding to which it is a party or by which it is bound, including but not limited to any code of ethics or professional code of responsibility or ethics (e.g., bar association ethics rules); (e) it will at all times comply with all the terms and conditions of this Agreement; and (f) it will at all times comply with all Legal Requirements when fulfilling its obligations under this Agreement.
If anyone brings a claim against DataSphere related to your actions, content or information furnished by you, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
“Legal Requirements” means all applicable federal, state, local, and foreign laws, rules, regulations, governmental permits and other binding determinations of any governmental authority, whether they are in effect on the date of this Agreement or come into effect at any time before this Agreement is terminated. Legal Requirements include, but are not limited to federal, state and local laws and regulations pertaining to (i) the Payment Card Industry (PCI) Data Security Standard; (ii) the CAN-SPAM Act of 2003; (iii) the Children’s Online Privacy Protection Act of 2008 (COPPA); (iii) other data privacy regulations or standards including but not limited to the Network Advertising Initiative (NAI)’s industry privacy standards; and (iv) the laws or regulations of the FTC and state Unfair and Deceptive Trade Practices Acts or “Little FTC Acts”.
Product- or Service-Specific Information
(these provisions will only be applicable if you have purchased or subscribed for the product or service referenced below)Your coupons will be provided through the DataSphere Coupon Network™ to partners such as Coupons.com, unless you inform your sales executive that you do not wish to participate. The DataSphere Coupon Network is a service which allows advertisers to create, manage and distribute promotional coupons across a network of websites, email and mobile applications (“Partners”). The Partners to which the coupons are distributed and the rules associated with distribution or coupon management will vary over time and DataSphere reserves the right, in its sole discretion and at any time, to make any changes to these or other aspects of the service; provided, however, that DataSphere will use all commercially reasonable efforts to ensure that the DataSphere Coupon Network maintains an appropriate mix, quantity and quality of Partners in order to ensure that it remains a value-added service for our Partners and customers. DataSphere reserves the right to charge additional fees for enhanced versions of the DataSphere Coupon Network service in the future (for example, if DataSphere introduces a premium version of the service, which may carry a greater burden of third-party costs and expenses than the regular version, or in the context of a performance-based variant of the service) and/or to place a limit on the number of coupons printed within a specific time period. You will always have the option to opt-out of the DataSphere Coupon Network, for any reason, by accessing your account at https://my.datasphere.com.
DataSphere’s Provision of Services and Reservation of Rights
DataSphere agrees to use commercially reasonable efforts to provide the services outlined in the Advertising Package table above to the Advertiser but makes no express or implied representations or warranties regarding DataSphere or any services or information provided by any employee or agent of DataSphere. Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, DataSphere makes no representation that the operation of any DataSphere website will be uninterrupted or error-free, and DataSphere will not be liable for the consequences of any interruptions, downtime or errors. DataSphere also reserves the right to (a) refuse to run any advertisement that (i) is obscene, pornographic, profane, fraudulent, libelous, defamatory, abusive or harassing, (ii) promotes violence or contains hate speech, (iii) infringes upon or otherwise violates the proprietary rights of another entity or (iv) advertises or promotes any illegal activity, service or merchandise; and (b) cancel the Agreement with seven (7) days’ written notice (DataSphere will refund any outstanding balance on a pro-rata basis) if, in DataSphere’s sole discretion, its agreement or arrangement with the applicable media company or publisher owning or operating the websites on which Advertiser’s listings are displayed terminates, expires, or changes in such a way as to have a material adverse effect on DataSphere’s ability to deliver the promised placement.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER DATASPHERE NOR ITS SUPPLIERS WILL NOT BE LIABLE TO ADVERTISER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF DATASPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DATASPHERE’S CUMULATIVE LIABILITY TO ADVERTISER ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED $1,000.
Neither the rights nor the obligations arising under this Agreement are assignable by Advertiser, and any such attempted assignment or transfer shall be void and without effect. DataSphere has the right to freely assign or transfer this Agreement. This Agreement shall be governed by the laws of the State of Washington, without reference to conflict of laws principles. The United Nations Convention on the Sale of Goods does not apply to this Agreement. DataSphere and Advertiser consent to exclusive jurisdiction and venue in the federal courts sitting in the King County, Washington, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. Each party waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on any party in the manner authorized by applicable law or court rule. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and DataSphere specifically agree to do so in writing. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to Advertiser may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise expressly provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.