Terms and Conditions
1. Acceptance of Terms
Should you not agree to these conditions, please usually do not utilize the Services.
Adjustment. Your continued use or obtaining of the Providers after the appointment of any modifications to the Conditions constitutes your approval of said modifications. To the level that the arbitrator or court of relevant authority decides that using any modifications to these Conditions would leave this an illusory or unenforceable agreement, such changes will be applicable on the potential basis just, with regard to activities or conditions occurring following the day of said changes, to the level needed to prevent these Terms being considered illusory or unenforceable.
2. Community Participation
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with CouponClickClub ("Account"). You represent and warrant that all information provided by you to CouponClickClub is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
2.2 Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify CouponClickClub immediately if you become aware of any unauthorized use of your Account(s).
2.4 User Generated Content
Coupon Click Membership doesn't prescreen or frequently evaluation all added content. Nevertheless, CouponClickClub has got the absolute right (though maybe not the duty) to eliminate, without notice, any content published.
By publishing any content, you represent and guarantee (a) you have fine, title, and curiosity to such published content, including but not restricted to any approval, authority, release, clearance or permit from just about any third-party (such as, but not restricted to, any release associated with privileges of privacy or publicity) crucial that you provide, post, upload, input or distribute the posted content, or (b) such posted content is really in the public-domain, or (c) your usage of such posted content constitutes reasonable use.
In addition, you agree not to publish any of these kinds of content towards the Website or Program: (a) adult content, porn, explicit sexual pictures, or naked pictures; (b) content comprising explicit, vulgar, or obscene language; (c) content promoting hate, maltreatment or damaging actions; (d) content promoting unlawful activities; or mainly political, spiritual, psychic, or transcendental articles; (e) content promoting unlicensed computer software; (f) content planning for phishing or dispersing malicious software; (g) content that's disparaging of any individual or thing; (h) content that's in breach of any legislation or ordinance; or (i) any additional content that's or may be considered improper, unacceptable or unpleasant, all as decided by us.
2.5 License to CouponClickClub
By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to CouponClickClub, you are granting CouponClickClub a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of CouponClickClub's license rights to others. You further waive any and all moral rights in and to such content in favor of CouponClickClub. For greater certainty, this means that, among other things, CouponClickClub has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
2.6 Acts Against the Services
CouponClickClub hereby awards you a restricted, nonexclusive, nontransferable, permit to access and apply the Services as supplied by CouponClickClub
completely for your own private use and satisfaction within the manner allowed with these Conditions. You will not try or participate in potentially
dangerous functions which are aimed from the Services-including, without restriction, anyone or more of these: (a) Utilizing the Providers in contravention
of any agreement to which you really are an event, including without limitation any work agreement to which you might become an event; (b) Creating,
enabling, or helping another man to impersonate you; (c) Signing onto a machine or Account(s) that you aren't approved to gain access to; (e) Making
multiple accounts, forging person names, manipulating identifiers, or otherwise impersonating another individual or misrepresenting your individuality or
association to any individual or thing; (f) Copying or faking utilization of the Services; (g) breaking or trying to break any safety attributes of the
Services; (h) Utilizing manual or automated applications, devices, programs, bots, or other way or procedures to access, "scrape," "creep," or "spider" any
pages included within the Website; (i) Adding viruses, worms, applications, Trojan horses, or other related dangerous code to the Services; (j) tampering
using the procedure, performance, or even the protection of the Services; (m) trying to bypass or bypass any protection or use rules embedded in the
Services which allow digital materials to become protected; (n) Farming or accumulating e-mail addresses or alternative contact details of additional users
or customers in the Providers by digital or alternative means; (q) reverse engineering, decompiling, disassembling, decoding, or otherwise trying to obtain
the source-code for absolutely any fundamental intellectual property utilized to supply the Services; (r) participating in "framing," "reflecting," or
otherwise replicating the look or use of the Services; (s) forging any TCP/IP package header or some portion of the header data in almost any email or
newsgroup posting; (u) deeplinking to any part of the Providers without our express written authorization; (v) Behaving illegally or maliciously from the
company interests or standing of CouponClickClub or the Retailers marketed through the Services; (w) hyperlinking for the Services from just about any
other site without our first and continuing approval; (x) Resale or re-purposing your accessibility for the Services or some purchases made during the
Services; or (z)
Infractions of program or network protection might lead to civil or criminal responsibility.
2.7 Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, CouponClickClub hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
3.1 Information Accuracy
CouponClickClub makes no representation or guarantee concerning the accuracy or fitness for usage of any provides, including, but not limited to, vouchers, discounts, discounts, etc. posted through the Providers or that any next party will honor or declare any such offers, vouchers, discounts, discounts, and so on. posted through the Providers. CouponClickClub isn't in charge of offering any worth for any coupons, offers, discounts, discounts, and others. posted through the Providers. CouponClickClub is not accountable for the reversal of particulars at third-party websites or shops including but not confined to rebate details, prices, availability or fitness for use. You understand that CouponClickClub does not and cannot review all content made available through sites linked or joining to any portion of the Providers. CouponClickClub doesn't guarantee that the Services or any features included in CouponClickClub articles available through the Services will likely be constant or error free, that problems will probably be remedied, or the Services or the host making them available are free from viruses or bugs.
IN NO EVENT SHALL COUPONCLICKCLUB OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER COUPONCLICKCLUB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You realize that any connecting to or from the Providers doesn't entail in any manner that CouponClickClub endorses or is associated with any thirdparty site. You concur that CouponClickClub bears no obligation or responsibility for any content used or injury caused from any thirdparty site. Other sites may collect and handle information they collect otherwise, therefore we encourage you to cautiously study and review the privacy and conditions useful for each site you see.
3.3 Trademark Information
You agree that all of CouponClickClub's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "CouponClickClub", “Score the Savings You Want”, and “Save When You Want, Where You Want”) that are displayed via the Services (collectively, the "Marks") are trademarks and the property of CouponClickClub. You agree not to display or use CouponClickClub's Marks in any manner without CouponClickClub's prior permission. Merchant trademarks are the property of the respective Merchant. The display of a Merchant trademark via the Services does not necessarily mean that CouponClickClub has an affiliation with the Merchant.
3.4 Intellectual Property Ownership
You admit that the Providers establish an useful trade secret and/or are the confidential details of CouponClickClub or its licensors. Nothing in these Conditions or otherwise may be considered to give to you an ownership interest in the Providers, in whole or in component. All Works are branded as individual functions and as a group work under the laws of copyright and international agreement procedures, and CouponClickClub possesses a copyright in the selection, co-ordination, agreement and augmentation thereof. You might not alter, remove, delete, increase, add to, submit, transmit, modify, translate, participate in the move or purchase of, create derivative works from, or in any way exploit some of the Works, in entire or in component. You comprehend and admit that unauthorized disclosure, use or duplication of the amazing products and services supplied pursuant to these Conditions might cause CouponClickClub and its licensors irreparable harm, that might not be repaired at regulation, and you concur that CouponClickClub and its licensors' cures for violation of these Terms might take collateral by method of injunctive or other equitable relief.
3.5 Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If CouponClickClub receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
CouponClickClub's Designated Agent to receive notification of alleged infringement under the DMCA is:
CouponClickClub, Inc. 301 Congress Avenue, Suite 700 Austin, Texas 78701 Attn: Legal Department Email: email@example.com
Upon receipt of proper notification of claimed infringement, CouponClickClub will follow the procedures outlined herein and in the DMCA.
In accordance with Section 512(i)(1)(a) of the DMCA, CouponClickClub will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
4. Disclaimer, Release, & Limitation of Liability
THE SERVICES ARE PROVIDED BY RETAILMENOT ON AN "AS IS" AND "AS AVAILABLE" BASIS. RETAILMENOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RETAILMENOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RETAILMENOT DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM RETAILMENOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE RETAILMENOT 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 ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
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.”
4.3 Limitation of Liability
RETAILMENOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Dispute Resolution
5.1 Law and Forum for Legal Disputes
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of Texas regardless of your country of origin or where you access our services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and CouponClickClub agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Travis County, Texas except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and CouponClickClub agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that CouponClickClub shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
5.2 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You acknowledge and agree to indemnify and hold CouponClickClub, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.
6.3 Termination of Service
CouponClickClub disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. CouponClickClub reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, CouponClickClub may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.