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	Online Gift Certificate Program
	Terms of Use and Agreement

1. The Gift Certificate.
   
   Bent Mind Creative Group, L.L.C. is the owner of Sauce Magazine and www.saucemagazine.com ("Web site") (hereinafter, simply "Sauce Magazine"). Sauce Magazine will issue the Gift Certificate to you in accordance with this Agreement. This Agreement constitutes the entire agreement between you and Sauce Magazine, and purchasing, printing, e-mailing, redeeming and/or otherwise possessing the Gift Certificate constitutes your acceptance of this Agreement.
   
   The Gift Certificate allows you to pre-pay for the goods and services ("Meal") of participating restaurants (referred to singularly as "Restaurant" and collectively as "Restaurants"). The Gift Certificate may be used by you or by any person to whom you give the Gift Certificate. The Gift Certificate is neither a credit card nor a deposit account and you may not add additional value to the Gift Certificate when its value is spent. The entire value of the Gift Certificate must be redeemed in a single use. You will not receive any cash or credit from the Restaurant or from Sauce Magazine if the entire value of the Gift Certificate is not redeemed in a single use at a Restaurant. The Gift Certificate is not refundable and may not be redeemed for cash unless permitted by this Agreement or as otherwise required by law.
   
   You may purchase the Gift Certificate at the Web site at any time or by calling 314-772-8004 Monday through Friday between the hours of 9 a.m. and 5 p.m. Sauce Magazine will accept payment for the Gift Certificate by credit card, debit card or through PayPal. The Gift Certificate can be issued in any amount that is a multiple of $25.00 or $50.00. Sauce Magazine may change the denomination at any time by notifying you online as you purchase the Gift Certificate at the Web site, or by phone if you call to purchase the Gift Certificate, or by posting such change on the Web site or within any advertising or notice posted in Sauce Magazine, in the Restaurants or in any other type of advertisement. You may elect either to (1) purchase the Gift Certificate to have it emailed from the Web site to the recipient of your choice; or (2) purchase the Gift Certificate to have it physically mailed to the recipient. Attached to the Gift Certificate will be a list of Restaurants (the "List") that are participants in the Gift Certificate Program (as defined in Paragraph 2) on the date of purchase of the Gift Certificate (the "Purchase Date")
   
   Upon confirmation from the Web site that the Gift Certificate has been purchased, you are granted a limited right and license to access, download, read, and make one hard-copy printout of the Gift Certificate for the uses specified in this Agreement, or to have the Web site email the Gift Certificate to the specified recipient. The Gift Certificate will expire six (6) months (the "Expiration Date") from the Purchase Date.
   
   
2. The Restaurants.
   
   Sauce Magazine has entered into agreements with each of the Restaurants where you may redeem the Gift Certificate for goods and services, including merchandise and gratuities (the "Gift Certificate Program"). The Gift Certificate may be used at any of the Restaurants on the List, as well as at any additional Restaurants that may join the Gift Certificate Program after the Purchase Date and before the date that the Gift Certificate is redeemed. The current list of the Restaurants can be accessed online at www.saucegifts.com.
   
   
3. Use of the Gift Certificate.
   
   You must give the Gift Certificate to the Restaurant at the beginning of your service at the Restaurant. Use of the Gift Certificate at the Restaurants is subject to any limitations and rules set by the Restaurants and agreed to by Sauce Magazine.
   
   When the Meal is finished, the Restaurant will inform you of the total amount owed (the "Bill") and will apply the entire value of the Gift Certificate to the Bill. You will be responsible for paying any amount of the bill that exceeds the value of the Gift Certificate.
   
   THE ENTIRE VALUE OF THE GIFT CERTIFICATE MUST BE REDEEMED. YOU WILL NOT RECEIVE ANY CASH OR CREDIT FROM THE RESTAURANT OR FROM SAUCE MAGAZINE IF THE BILL IS LESS THAN THE VALUE OF THE GIFT CERTIFICATE.
   
   The Restaurant will inform Sauce Magazine that the entire value of the Gift Certificate has been spent and will take the Gift Certificate from you to return to Sauce Magazine.
   
   
4. Fraudulent Use of the Gift Certificate.
   
   You agree that this Agreement governs the only permitted uses of the Gift Certificate. You are not permitted to print or make multiple copies of the Gift Certificate, to e-mail the Gift Certificate to multiple persons, or to in any way attempt to use the Gift Certificate in excess of its value. Such attempts include, but are not limited to, the following: failure to present the Gift Certificate to the Restaurant, attempting to redeem the Gift Certificate at multiple Restaurants simultaneously, or any other use that is not permitted by this Agreement.
   
   If Sauce Magazine reasonably believes, in its sole discretion, that any use of the Gift Certificate has been fraudulent, unauthorized, or otherwise illegal, then it reserves the right to deny the use of the Gift Certificate or otherwise limit the redemption of the Gift Certificate and it may pursue any and all of the remedies available to it under this Agreement and under the applicable laws.
   
   
5. Lost, Stolen or Destroyed Gift Certificate.
   
   You must notify Sauce Magazine if the Gift Certificate is lost, stolen, destroyed, or otherwise misused. Sauce Magazine will attempt to verify the status of the Gift Certificate. Sauce Magazine will only reissue the Gift Certificate to the extent it can confirm to its sole satisfaction that value still exists. Sauce Magazine makes no warranties or guaranties that it can replace the Gift Certificate if it has been lost, stolen, destroyed or otherwise misused. You are responsible for all transactions associated with the Gift Certificate, including unauthorized transactions.
   
   
6. Transfer and Assignment.
   
   You are permitted to transfer the Gift Certificate to any other person. That person, by purchasing, printing, e-mailing, redeeming and/or otherwise possessing the Gift Certificate consents to this Agreement. Sauce Magazine is permitted to assign all or any part of this Agreement without notice to you and Sauce Magazine is thereby released from all liability to you in connection with the Gift Certificate or this Agreement. The assignee will have the same rights and obligations as Sauce Magazine and will be required to sign a written agreement to be bound by the terms and conditions of this Agreement.
   
   
7. Privacy Policy.
   
   Please see the policy at www.saucemagazine.com/registerterms.php ("Privacy Policy"). The Privacy Policy is a part of this Agreement and you are agreeing to the Privacy Policy, as well as this Agreement, by purchasing, printing, e-mailing, redeeming and/or otherwise possessing the Gift Certificate.
   
   
8. Other Terms of Use.
   
   Please see the terms of use for the Web site at www.saucemagazine.com/usage.php ("Terms of Use"). The Terms of Use are a part of this Agreement and you are agreeing to the Terms of Use, as well as this Agreement, by purchasing, printing, e-mailing, redeeming and/or otherwise possessing the Gift Certificate. Any conflicts between the Terms of Use and this Agreement shall be governed by and construed in favor of this Agreement.
   
   
9. Governing Law.
   
   This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. The parties agree that proper jurisdiction for the adjudication of any dispute shall lie with either the U.S. District Court for the Eastern District of Missouri, Eastern Division, or if federal jurisdiction cannot be obtained, then in the courts of the State of Missouri located in St. Louis City. By this Agreement, the parties submit to the jurisdiction of the U.S. District for the Eastern District of Missouri, Eastern Division or the courts of the State of Missouri located in St. Louis City for purposes of the adjudication of any dispute.
   
   
10. Disclaimers. SAUCE MAGAZINE MAKES NO REPRESENTATIONS OR ENDORSEMENTS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CERTIFICATE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SAUCE MAGAZINE DOES NOT ENDORSE, REPRESENT OR WARRANT THAT THE GIFT CERTIFICATE WILL ALWAYS BE ACCESSIBLE OR ACCEPTED AT THE RESTAURANTS.
    
    SAUCE MAGAZINE MAKES NO WARRANTIES OR REPRESENTATION TO YOU (I) THAT YOUR ACCESS TO THE WEB SITE AND THE GIFT CERTIFICATE WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES OR ANY OTHER INVASIVE OR DESTRUCTIVE FORCES; OR (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND THE GIFT CERTIFICATE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE AND PURCHASING, PRINTING, E-MAILING, REDEEMING AND/OR OTHERWISE POSSESSING THE GIFT CERTIFICATE IS AT YOUR SOLE RISK.
    
    IN THE EVENT THAT SAUCE MAGAZINE IS FOUND TO BE LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND IN NO CASE ANY AMOUNT OVER THE ORIGINAL VALUE OF THE GIFT CERTIFICATE. SAUCE MAGAZINE SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, INABILITY TO USE, THE WEBSITE OR THE GIFT CERTIFICATE, EVEN IF SAUCE MAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAUCE MAGAZINE HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF THE GIFT CERTIFICATE THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANYONE ELSE, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM A CIRCUMSTANCE BEYOND OUR CONTROL. SAUCE MAGAZINE IS NOT RESPONSIBLE FOR REPLACEMENT OF THE GIFT CERTIFICATE THAT IS NOT RECEIVED DUE TO YOUR FAILURE TO PROVIDE ACCURATE DELIVERY INFORMATION, INCLUDING E-MAIL ADDRESS(ES) AND PHYSICAL ADDRESS(ES).
    
    If any of the above waivers and disclaimers is found to be impermissible, then the liability of SAUCE MAGAZINE is limited to the greatest protection permitted under the applicable laws.
    
    
11. Entire Agreement and Severability. This Agreement is the complete and exclusive agreement between Sauce Magazine and you. This Agreement supercedes and merges all prior proposals, other agreements and any oral agreements between Sauce Magazine and you. If any provision of this Agreement shall be determined to be in violation of the applicable laws or unenforceable, then that provision will be eliminated only as necessary so that the remaining provisions of this Agreement will remain otherwise in full force and effect. If you have any questions regarding any provisions of this Agreement, you should contact Sauce Magazine at the Web site or by calling 314-772-8004.
    
    
12. Modification.
    
    Sauce Magazine may change, suspend or discontinue the Gift Certificate Program at any time in its sole discretion.
    
    SAUCE MAGAZINE MAY AMEND THIS AGREEMENT AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH CHANGES TO THIS AGREEMENT WILL BE POSTED ON THE WEB SITE AND/OR IN E-MAILS AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY ACCESSING, READING OR OTHERWISE USING THE WEB SITE OR ANY COMPONENT OF THE SERVICE AFTER SAUCE MAGAZINE POSTS ANY SUCH CHANGES; YOU AGREE TO BE BOUND BY THIS AGREEMENT AS AMENDED.
    
    
13. Headings. Headings in this Agreement are simply for convenience and do no affect the interpretation of this Agreement.
    
    
14. Non-waiver. Failure to enforce any provision in this Agreement shall not constitute a waiver of the right to later enforce it.