Legal

I.TERMS OF USE

1. General.

The Site provides an
interactive online service operated by Habanero Communications Inc. on the
World Wide Web of the Internet (the “Web”), consisting of information services,
content and transaction capabilities facilitated by us, offering marketing
space for business affiliates, advertizing third party businesses, products,
and services to the general public.

 

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 Habanero Communications Inc., and we shall not be responsible
for any data lost while transmitting information on the Internet. While it is
our objective 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 Habanero Communications
Inc., access to the Site may be interrupted, suspended or terminated from time
to time.

 

We shall have the right at any time to change or discontinue
any aspect or feature of the Site, including, but not limited to, content,
hours of availability and equipment needed for access or use. Further, Habanero
Communications Inc. 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.

 

You represent that you are of legal age to form a binding
contract. You must be at least 18 years old to be eligible to use the Site.
However, if you are at least 13 years old but not yet 18, you may use the Site
in conjunction with your parent or guardian who agrees to this Agreement. No
one under age 13 may use the Site.

 

2. Modified Terms.

Habanero
Communications Inc. 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. Such changes may include, among other things, the adding of certain
fees or charges. If we make any substantial changes, we will notify you by
sending you an e-mail to the e-mail address that is registered with your
account and/or by posting notice of the change on the Site. Any changes to
these Terms of Use will be effective upon the earlier of our dispatch of an e-mail
notice to you or our posting of notice of the changes on our Site, provided
that these changes will not apply to agreements or purchases made prior to the
effective date of such changes. These changes will be effective immediately for
new users of our Site and any purchasing agreements made by such new users. 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. Any use of the Site by End User after such
notice shall be deemed to constitute acceptance by End User of such
modifications.

 

3. 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. Habanero Communications Inc. shall not be liable for any
damages to the End User’s equipment resulting from the use of this Site.

 

4. End User Conduct.

This Site and any
individual sites or merchant-specific, city-specific, or state-specific sites
now or hereinafter contained within or otherwise available through external
hyperlinks with our Site (the “Microsites”) are private property. All
interactions on this Site and/or the Microsites must comply with these Terms of
Use.

 

Although we welcome and encourage user interaction on our
Site, we do insist and require that all end users restrict any and all activity
in connection with the use of this Site and the Microsites to that which
involves lawful purposes only. End User shall not post or transmit through this
Site any material which violates or infringes in any way upon the rights of
others, or any material which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without our express prior, written approval, contains advertising or any
solicitation with respect to products or services. Any conduct by an End User
that in our exclusive discretion restricts or inhibits any other End User from
using or enjoying this Site and/or any of the Microsites is strictly
prohibited.

 

User shall not use this Site or any of the Microsites to
advertise or perform any commercial, religious, political or non-commercial
solicitation, including, but not limited to, the solicitation of users of this
Site and/or the Microsites to become users of other on- or offline services
directly or indirectly competitive or potentially competitive with Habanero
Communications Inc..

5. Copyright and
Trademarks.

Everything located on
or in this Site, including the Microsites, is the exclusive property of Habanero
Communications Inc. or used with express permission of the copyright and/or
trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING,
DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES
WITHOUT THE EXPRESS WRITTEN PERMISSION OF Habanero Communications Inc. IS
STRICTLY PROHIBITED. Any violation of this policy may result in a copyright,
trademark or other intellectual property right infringement that may subject
End User to civil and/or criminal penalties.

 

This Site and any Microsites contain copyrighted material,
trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire
contents of the Site are protected by copyright as a collective work under the United
States copyright laws.

 

Habanero Communications Inc. owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well
as in the content original to it. End User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part.

 

User may download, print, and/or save copyrighted material
for End User’s personal use only. Except as otherwise expressly stated under
copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material without the express permission
of Habanero Communications Inc. or the copyright owner is permitted. If
copying, redistribution or publication of copyrighted material is permitted, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. End User acknowledges that he/she/it does not acquire any
ownership rights by downloading copyrighted material.

 

Trademarks that are located within or on the Site or a
Microsite otherwise owned or operated in conjunction with Habanero
Communications Inc. shall not be deemed to be in the public domain but rather
our exclusive property, unless such site is under license from the Trademark
owner thereof, in which case such license is for the exclusive benefit and use
of Habanero Communications Inc. unless otherwise stated.

 

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. Habanero Communications Inc. is not responsible 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 or any Microsite, End User warrants that the owner of such material
has expressly granted us 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
Habanero Communications Inc. the right to edit, copy, publish and distribute
any material made available on this Site or any Microsite by End User.

6. Copyright Policy.

Habanero
Communications Inc. reserves the right to terminate its agreement with any End
User who repeatedly infringes third-party copyright rights upon prompt
notification to us by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that a copyrighted work has been
copied and posted via the Site or any Microsite in a way that constitutes
copyright infringement, you shall provide Habanero Communications Inc. with the
following information: (a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyrighted work; (b) an
identification and location on the Site or any Microsite of the copyrighted
work that you claim has been infringed; (c) a written statement by you that you
have a good faith belief that the disputed use is not authorized by the owner,
its agent, or the law; (d) your name and contact information, such as telephone
number or e-mail address; and (e) a statement by you that the above information
in your notice is accurate and, under penalty of perjury, that you are the
copyright owner or authorized to act on the copyright owner’s behalf. Send this
information to:

 

Habanero Communications Inc.

28 E. Jackson Blvd., Ste 1020 #H642

Chicago, IL 60604

 

7. Disclaimer of Warranty.

END USER EXPRESSLY
AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK.
NEITHER HABANERO COMMUNICATIONS INC., 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 MICROSITE 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 MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR COUPONS PROVIDED THROUGH THIS SITE OR THE MICROSITES.

 

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

 

8. Limitation of Liability.

IN NO EVENT SHALL WE,
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

 

9. Monitoring.

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

 

10. 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.

 

Habanero Communications Inc. does not control or endorse the
content, messages or information found in any Community, and, therefore, we
specifically disclaim 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 us
(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 Habanero Communications Inc. as
confidential, that fact will be stated on those pages. By posting comments,
messages or other information on the Site or any Microsite, End User grants us
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 Habanero Communications Inc.
Privacy Policy.

 

11. License Grant.

By posting
communications on or through this Site or any Microsite, End User shall be
deemed to have granted to Habanero Communications Inc. 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 sublicensees.

 

12. Indemnification/Release.

End User agrees to
defend, indemnify and hold harmless Habanero Communications Inc., 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 End User in connection with
the Site or any Microsites.

 

End User is solely responsible for interactions with
Merchants and other users of the Site or Microsites. To the extent permitted
under applicable laws, End User hereby releases Habanero Communications Inc.
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 specified with Habanero
Communications Inc., and any conduct or speech, whether online or offline, of
any other user.

13. Termination.

Habanero
Communications Inc. may terminate this Agreement at any time. Without limiting
the foregoing, Habanero Communications Inc. shall have the right to immediately
terminate or suspend any passwords or accounts of End User in the event of any
conduct by End User or which Habanero Communications Inc., 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 2, 4, 5, 6, 7, 10, 11, and
12 will survive termination of this Agreement.”

 

14. Trademarks.

All rights in respect
of this trademark are hereby expressly reserved by Habanero Communications Inc..
Unless otherwise indicated, all other trademarks appearing on here are the
property of their respective owners.

 

15. Third-Party Content.

Habanero
Communications Inc., similar to an Internet Service Provider, is a distributor
(and not a publisher) of content supplied by third parties and End Users.

 

Accordingly, Habanero Communications Inc. 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 distributor(s) and not of Habanero Communications Inc..

 

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 Habanero Communications Inc.  We neither endorse nor are responsible for
the accuracy or reliability of any opinion, advice, or statement made on our
site by anyone other than authorized employee spokespersons while acting in
official capacities. Under no circumstances will we be liable for any loss or
damage caused by an end user’s reliance on information obtained through us.

 

Habanero Communications Inc. 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 us of the contents on such
third-party sites, and Habanero Communications Inc. hereby expressly disclaims
any representations regarding the content or accuracy of materials on such
third-party websites. If End User decides to access linked third-party
websites, End User does so at its own risk. Unless you have executed a written
agreement with us expressly permitting you to do so, you may not provide a
hyperlink to the Site or any Microsite from any other website. Habanero
Communications Inc. reserves the right to revoke its consent to any link at any
time in its sole discretion.

 

16. Miscellaneous.

This Agreement,
including the Terms of Sale set forth below (which are incorporated into this
Agreement), and any operating rules for Habanero Communications Inc.
established by us, 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.

 

17. Arbitration.

By using this Site,
End User agrees that: (1) any claim, dispute, or controversy End User may have
against Habanero Communications Inc. arising out of, relating to, or connected
in any way with this Agreement, this Site, or any Microsite, or the purchase or
sale of any product or service, 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 End
User), or at such other location as may be mutually agreed upon by End User and
Habanero Communications Inc.; (3) the arbitrator shall apply Illinois 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 End User’s and/or Habanero
Communications Inc. 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 End User is able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of litigation, Habanero
Communications Inc. will pay as much of the End User’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 End User nor Habanero Communications Inc. shall
be entitled to arbitrate their dispute. For more information on AAA and its
Rules and Procedures, End Users may visit the AAA website at

http://www.adr.org.

 

18. Disclosures.

For Florida residents
purchasing our products and/or services 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.

 

Habanero Communications Inc. is located at:  28 E. Jackson Blvd., Ste 1020 #H642

Chicago, IL 60604. 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.

II.TERMS OF SALE

All coupons printed from the Site or any Microsite, or any other website
associated with us are promotional coupons that may be purchased from
participating merchants (“Merchants”) through myhabanero.com to be used in
exchange for goods and services at a discount from their actual cost. By
placing an order for any coupon, product, or service from a Merchant through
myhabanero.com, you make an offer to purchase the coupon you have selected on
the terms and conditions stated below. For more information about our
collection of personal information, please view our Privacy Policy. You are
required to create an account in order to purchase any coupon. This is required
so we can provide you with easy access to print your orders, view your past
purchases, modify your preferences, and to ensure permissible use of the
coupon.

The coupon you purchase through
myhabanero.com is redeemable for goods or services by the Merchant. The
Merchant, not myhabanero.com, is the seller of the coupon and the goods and
services and is solely responsible for redeeming any coupon you purchase. Habanero
Communications Inc. sells a coupon that can be redeemed in connection with your
purchase of the goods or services from Merchant.

1. Terms and Conditions for
Restaurant-Specific coupons.

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 coupons. •Redemption frequency is
determined by Restaurants, and shall be contained in the coupon offer on the
Site.

•Use of Restaurant-Specific coupon for alcoholic beverages is at the sole
discretion of the Restaurant and is subject to compliance with applicable law

•coupons cannot be combined with any other restaurant coupons, third party
certificates, or promotions, unless otherwise specified by Restaurant.

•Restaurant-Specific coupons cannot be used for taxes, tips or prior balances,
unless permitted by the Restaurant.

•Valid for dine in only unless otherwise stated.

•The issuing of restaurant credit is at the sole discretion of the Restaurant
unless otherwise required by applicable law.

•Neither Habanero Communications Inc. nor the Restaurant is responsible for
lost or stolen coupons or restaurant coupon reference numbers.

•Reproduction, sale or trade of a Restaurant-Specific coupon is prohibited
unless done so in compliance with applicable law.

•Any attempted redemption not consistent with these terms & conditions will
render the Restaurant-Specific coupon void.

•Void to the extent prohibited by law.

•If you redeem the coupon for less than its face value, you will only be
entitled to a credit or cash from the Restaurant, equal to the difference
between the face value and the amount you redeemed, if required by applicable
law. You will only be entitled to a continuing redemption value as noted above
if the amount that you paid for the coupon exceeds the amount you redeemed. For
example, if you paid $20 for a coupon which entitles you to purchase $50 of
product by February 1, 2010 and you make a purchase for $40 on January 30,
2010, you will only be entitled to a credit or cash equal to the difference
between the $50 face value and the amount you redeemed from the Merchant (i.e.,
$10) if required by applicable law. You will not have any redemption value
either because the amount you redeemed is more than what you paid for the
coupon.

•All purchases of coupons for Restaurants may have statutory limitations on the
amount of the coupon value that can be redeemed for alcoholic beverages. For
example, for customers purchasing coupons in some places, the redemption of the
coupon may be subject to the limitations imposed by the state where you live,
which imposes a limitation of redeeming coupons at restaurants that serve both
food and alcoholic and intoxicating liquor beverages, such that the redemption
of such coupon can only be applied to alcoholic and intoxicating liquor
beverages for up to 30% of the value of the coupon. Compliance with state
statutes or codes the responsibility of the Merchant. Habanero Communication
Inc. has the role in the transaction only as a marketing agent for the Merchant
coupon, and the applicability and compliance with any relevant statute or code
is solely determined and consummated by the Merchant, and Habanero Communications
Inc. has no role in such determination or action on the part of the Merchant.

2. Terms and Conditions for Non-Restaurant Merchant coupons

•Merchant coupons may be applied only to merchandise sold by Merchant, and may
not be applied to shipping or handling charges.

•Limit one (1) coupon per redemption. Only one coupon can be used per order
unless otherwise specified by Merchant.

•The issuing of credit is at the sole discretion of the Merchant unless
otherwise required by law.

•Neither Habanero Communications Inc. nor the Merchant is responsible for lost
or stolen coupons or coupon’s reference number.

•coupons cannot be combined with any other coupons, third party certificates,
or promotions, unless otherwise specified by Merchant.

•Reproduction, sale or trade of this coupon is prohibited unless done so in
compliance with applicable law.

•Any attempted redemption not consistent with these terms and conditions will
render the coupon null and void.

•Void to the extent prohibited by law.

•If you redeem the coupon for less than its face value, you will only be
entitled to a credit or cash equal to the difference between the face value and
the amount you redeemed from the Merchant if required by law. You will only be
entitled to a continuing redemption value as noted above if the amount that you
paid for the coupon exceeds the amount you redeemed. For example, if you paid
$20 for a coupon which entitles you to purchase $50 of product by February 1,
2010 and you make a purchase for $40 on January 30, 2010, you will only be
entitled to a credit or cash equal to the difference between the $50 face value
and the amount you redeemed from the Merchant (i.e., $10) if required by
applicable law. You will not have any redemption value either because the
amount you redeemed is more than what you paid for the coupon.

3. Additional Terms and Conditions for all myhabanero.com coupons.

All coupons shall be subject to the terms and conditions of myhabanero.com
managed by Habanero Communications Inc. and the participating Restaurant or
Merchant. The Merchant or Restaurant are the sellers of the goods or services
which you are purchasing.

The holder and issuer of a
Restaurant-Specific coupon is the Restaurant. The holder and issuer of a
Merchant coupon is the Merchant. As a holder and issuer of the coupon, the
Restaurant or Merchant shall be fully responsible 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 Restaurant or the Merchant, as
well as for any unclaimed property liability arising from unredeemed coupons or
portions thereof. You waive, and release Habanero Communications Inc. and its
officers, directors, employees and agents from, any claim, liabilities,
damages, or injury arising from or related to any act or omission of Merchant
or Restaurant in connection with a coupon or the services/goods provided in
connection therewith and/or as it relates to compliance with applicable
unclaimed property and other laws relating to the redemption of the coupons or
any portion thereof. Restaurant-Specific coupons and Merchant coupons are
redeemable in their entirety and on a one time basis only and may not be
redeemed incrementally.

According to applicable law, the
Merchant may be responsible for allowing you to redeem your coupon for the cash
value based on the money you actually paid for your coupon (i.e. if you paid
$20 for a coupon which gives you $50 of value to the Merchant, the cash value
that you paid is $20, not $50), for a period of time that extends beyond the expiration
date on the coupon. While the expiration date on the coupon dictates the last
date that you can use your coupon at Merchant for the promotional offer stated
on myhabanero.com, applicable law may provide that the Merchant is responsible
for honoring the cash value that you paid for your coupon for a period of time
beyond the expiration date stated on the coupon. In other words, you should be
allowed to redeem the cash value (or purchase price) of your coupon up until
the greater of: (1) the coupons’s expiration date; or (2) the minimum length of
time allowed by applicable law for a coupon to expire. In the event that you
have an expired coupon and would like to redeem it for the price you paid to
acquire it, please contact the Merchant. Once again, the Merchant should allow
such redemption if applicable law requires it, and we have instructed the
Merchant to do so. If you have gone to the Merchant and the Merchant has
refused to redeem the cash value of your expired coupon, and if applicable law
entitles you to such redemption, then please contact myhabanero.com at info@myhabanero.com, and explain your
situation in writing] and we will refund the purchase price of the coupon in
either U.S. Dollars or credit for purchases of future coupons from
myhabanero.com.

 

 

 

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