Terms of Use

(For Customers)

 Terms of Use

 

Tykuno, (a brand operated by NGM Media LLC) which provides an advertising service (hereinafter referred to as the “Service”) to you. Your use of Tykuno products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Tykuno under a separate written agreement) is subject to the terms of a legal agreement between you and NGM / Tykuno. This document explains how the agreement is comprised with some of the terms of this agreement. Unless otherwise agreed in writing, your agreement will always include, at a minimum, the terms and conditions set out here.

 

Accepting The Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where this option is made available to you for service also known as opt-in or by actually using the Services, which you understand and agree that your use of the Services is acceptance of the Terms. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract, you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

 

 

Sharing Your Information

Tykuno will safeguard your information! Tykuno does not sell, lease or share your information with outside parties. Any third party notifications or offers will be sent through Tykuno directly to you, (such as company updates, newsletters or special offers). Tykuno uses SSL technology and Firewalls to protect our data, however we cannot garanntee the safety of our data due to those using sophisticated illegal means to breach our security.

 

How Tykuno Works:

Receive Exclusive Discounts with Stores & Services Near You

Tykuno introduces customers to local businesses by offering an exclusive discount that is only available for Tkuno users. Customers can find local home service pros, financial services, doctors, car dealerships, beauty care salons and just about any local business.

Tykuno has simplified the process for customers to receive discounts and promotions. Customers need only tell the merchant or pro they are Tykuno customers to receive their discount and savings. Users / customers of Tykuno may be asked to provide their email address for the businesses at the time of sale if requested, but is not required in order receive the discount.

Tykuno does not share or sell our information with third parties.

 

 Here is how to use Tykuno:

 

Step 1

Search Tykuno for Local Merchants & Services

Find recommended businesses and services near you – receive a special Tykuno users discount when you make your transaction.

 

Step 2

Contact Tykuno Business Listings to Schedule an Appointment, Receive Price Quotes for Services, or Walk Into A Participating Tykuno Store or Restaurant.

With Tykuno you only communicate with pros and merchants you select, we do not share your info, so you will not be contacted by businesses you do not know.

 

Step 3

Simply Identify Yourself As A Tykuno Customer With Participating Merchants & Services to Receive Your Exclusive Discount.

Just say: “TYKUNO” to receive your discount! Your Email Address Is Your Tykuno Member ID. Provide Your Email to Merchants IF Requested to Receive Discount., but you are not required to provide, the only requirement to receive the Tykuno discount from a business is to say: TYKUNO.

How to Receive Discounts

Tykuno Discounts are provided at time of sale. There are no rebates or waiting to receive savings. Tykuno customers / users need only to announce themselves as Tykuno customers and should provide their email address when requested to receive the discount, however that is not required. To receive a Tykuno Discount, customers only need to say: “TYKUNO”. Participating Tykuno Businesses must honor all posted Tykuno discounts. Businesses may change their discounts no more than once per month providing customers with time and opportunity to take advantage of the discounted products and services.

If customers or participating Tykuno businesses find themselves in disagreement over a discount, the first course of action is to go to that business listing page and review the posted discount for clarification to all parties. If this disagreement over the discount is not cleared up by the first step, then it is recommended that customer contact Tykuno using our Contact page or emailing us directly at: support@tykuno.com so we can review and resolve the dispute. Tykuno reserves the right to suspend, warn or terminated business listing pages for failure to honor discounts to Tykuno members.

 

What Customers Should do if a Business Does Not Honor a Posted Tykuno Discount

If a Tykuno Business does not give you the posted discount, please contact us. Go to the ‘Contact Us’ page and let us know what happened. Be sure to share with us the name of the business, the Tykuno Discount you believe you should have received, the date and time of the transaction and any other helpful details such as the name of the salesperson or cashier. We will communicate with that business and find out what happened and we will get back to you.

 

Contacting Business Listings

When you contact a business listing through the Tykuno web forms only that business and Tykuno receive your information. Tykuno does not share user info with other businesses or third parties. When you contact a business through Tykuno you are granting that business and Tykuno the right to contact you, as known as opting-in.

 

No Guarantee

Tykuno features webpages for local businesses for the purpose of introducing customers to merchants and services in their area. The Tykuno business listing pages feature information about the business as well as Discounts for Tykuno users to receive from the business listings. Tykuno does not guarantee the accuracy of the information provided about the businesses on the business listing pages. Tykuno does not guarantee the business can and will provide the discount listed on their business listing page with Tykuno. Tykuno cannot force a business to honor a discount, nor is Tykuno responsible or liable for providing discounts directly to you. Tykuno provides information about businesses including exclusive discounts to Tykuno users, the company Tykuno and NGM Media LLC are not the parties providing the discounts, the discounts are provided by the business featured on Tykuno at the time of sale. Tykuno is an information services and marketing business.

 

Tykuno Recommendations for Business

While Tykuno performs a limited due diligence on all business listings for the purpose of featuring good quality local businesses that we recommend, does not mean that Tykuno has any responsibility for the actions of the businesses. Tykuno recommends businesses based on a limited review and research of that business. Tykuno is never responsible for the actions of a business listed on our website. Use the Tykuno website, service and featured business listings at your own risk.

 

 

 

Proprietary Rights

You acknowledge and agree that Tykuno owns all legal right, title and interest in and to the Services, including any intellectual property rights in the Services. You further acknowledge that the Services may contain information, which is designated confidential by Tykuno and that you shall not disclose such information without Tykuno’s prior written consent. Unless you have agreed otherwise in writing with Tykuno, nothing in the Terms gives you a right to use any of Tykuno information, trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Tykuno, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Unless you have been expressly authorized to do so in writing by Tykuno, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Unless you have agreed otherwise in writing with Tykuno, you agree that you are responsible for protecting and enforcing your own rights as to content that you submit, post, transmit or display on, or through, the Services, as well as your intellectual property rights; Tykuno has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices including but not limited to copyright and trademark notices, which may contained within the Services. You may not copy, modify, create a derivative work of, or otherwise attempt to extract any information, research or work product of any kind, unless this is expressly permitted in writing or required by law.

 

Modification of Service and Termination

Tykuno at its sole discretion, at any time may decline use of their Service, and modify or discontinue temporarily or permanently their service. You agree that Tykuno without prior notice may immediately terminate or modify your access and that Tykuno will not be liable to you or any third party for any termination or modification of access to their Service.

The Terms will continue to apply until terminated by either you or Tykuno by either notifying us at any time: by contacting Tykuno by email or by modifying your subscription within your online account profile. Tykuno has made both options available to you. You may also send us an email, and we will manually unsubscribe your email address from all of our files and mailings.

Tykuno may at any time, terminate its legal agreement with you for any reason not limited to but including if you have breached any provision of the Terms, you act in a manner that indicates that you do not intend to, or are unable to comply with the provisions of the Terms, is required to do so by law, a subsidiary, affiliate, or partner with whom Tykuno offered the Services to you has terminated its relationship with Tykuno or you, Tykuno is no longer providing the Services to users in the country in which you are resident or from which you use the service or in Tykuno opinion service is no longer commercially viable. Nothing in this Section shall affect Tykuno’s rights regarding provisions of Services in the Terms above.  

 

 

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NGM (TYKUNO) WHICH INCLUDES ALL PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUCCESSORS, ASSIGNS AND THEIR SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NGM MAKES NO WARRANTIES AS TO (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (b) THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS OR NEEDS (d) ANY CONTENT, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE AND (e) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY WEBSITE, RESEARCH OR INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NGM OR FROM THE SERVICES SHALL CREATE ANY WARRANTY. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT NGM’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE

CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT NGM (TYKUNO) INCLUDING ALL PARTNERS, OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUCCESSORS, ASSIGNS AND THEIR SUPPLIERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL COMPENSATORY OR PECUNIARY DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES, EXPENSES, COURT COSTS, LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS INCURRED BY YOU FOR ANY REASON OR THEORY OF LIABILITY, OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS, USE, OR INABILITY TO USE THE SERVICE, CLIENTS OR THIRD PARTY NEGLIGENCE, FRAUD, MISREPRESENTATION OR DAMAGE, EVEN IF NGM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. NGM SHALL NOT BY LIABLE FOR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH NGM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY FEATURES WITHIN THE SERVICES; THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR YOUR FAILURE TO PROVIDE NGM WITH ACCURATE ACCOUNT INFORMATION.THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.

 

 

Indemnification

YOU AGREE TO INDEMNIFY NGMMEDIA LLC & TYKUNO, INCLUDING ITS OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES AND COSTS, MADE BY YOU OR ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

 

 

Release

YOU HEREBY AGREE TO RELEASE, AND FOREVER DISCHARGE TYKUNO, NGM MEDIA, LLC AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

 

Unauthorized Use

ANY UNAUTHORIZED USE OF THE SERVICE IS PUNISHABLE BY LAW AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.

 

PROGRAM RESTRICTIONS

You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Company Properties; (ii) introduce into the Company Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Company Properties (collectively, “Content”); (iv) access the Program or the Company Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Company Property for any reason; (vii) rent, sell or sublicense any of the Company Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Company Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Company Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Company Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Company Properties.

 

Waiver

No failure on the part of NGM / Tykuno to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

 

 

Enforceability

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone. The Terms, and your relationship with NGM under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and NGM agree to submit to the exclusive jurisdiction of the courts located within the county of Palm Beach, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NGM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

 

Entire Terms of Service

These Terms and Conditions, the Privacy Policy and other terms, conditions and policies NGM & Tykuno may post on this Service constitute the entire Terms of Service between you and NGM in connection with the Service and supersede all prior agreements between the parties regarding the subject matter contained herein. These Terms, Conditions, Policies and the like of NGM shall be read to be mutually consistent wherever possible. In the event of any conflict, the latest Terms, Conditions and Policy will control.

 

 

 

Privacy Policy

This Privacy Policy describes information that we, NGM Media LLC & Tykuno may collect from you as part of the normal operation of our service and what may happen to the information we collect.

 

Your Privacy Is Important To Us:

Our Privacy Policy explains what information we obtain on the Site and how we use the information you disclose to us. We receive your information (data) through the following means:

i) When you contact us directly though our Contact form, ii) When you request a price quote or appointment with a business on Tykuno by using a business listing page web form and iii) When you visit our website.

 

Sharing Your Information:

NGM Media LLC & Tykuno will safeguard your information! NGM / Tykuno does not sell, lease or share your information with outside parties.

 

Security:

This website takes every precaution to protect users’ information. This site uses an SSL and Firewall and is supported by a major third party cloud hosting company which uses first class firewalls and user protection technologies. We cannot guarantee the security of your information against those who use advanced illegal means to breach and or hack our security defenses.

 

 

Notification of Changes to Privacy Policy:

We may update this Privacy Policy at any time by posting a new privacy policy on the Site. Please see our terms of service, use and conditions. If there are any meaningful changes to our Privacy Policy all registered clients will be emailed of the changes through an email update or email newsletter as the official form of notice.

 

 

Information You Provide

When you sign up for a Tykuno Account or other NGM Media LLC service, or offer that requires registration, we may ask you for personal information (such as your name, email address and an account password).

 

 

Cookies

When you visit Tykuno, we may send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search. NGM may also use cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set one or more cookies in your browser when you visit a website, including NGM sites that use our advertising cookies, and view or click on an ad supported by NGM’s advertising services.

 

 

Log information

When you access Tykuno services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet address, browser type, browser language, the date and time of your request with one or more cookies that may uniquely identify your browser.

 

Links

NGM may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

 

 

Other Sites

This Privacy Policy applies to NGM Media LLC & Tykuno services only. We do not exercise control over other site’s or their respective links not owned by NGM from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, which you accept full responsibility for using.

NGM only processes personal information for the purposes described in this Privacy Policy and not limited to but including for the following purposes: Providing our services, including the display of customized content and advertising; Auditing, research and analysis in order to maintain, protect and improve our services; Ensuring the technical functioning of our network; Protecting the rights or property of NGM or our users; and Developing new services.