Terms of Use
General
Coupons4web and, its subsidiaries and affiliates (collectively "Coupons4web")
provide you with access to this website and the services available on
this website, or other websites as indicated below, (collectively, the
"Services," which will be defined more under the Section, "Services.").
Access to and use of the Services is governed by these Terms of Use (the
"Agreement"). By accessing or using the Services, you indicate
your assent to be bound by the Agreement, and your acknowledgment of and
agreement to its terms.
Services
The Services include coupons (located at www.coupons4web.com) (the "Services").
The Services may also be located on third party websites and/or applications
either as a link from an add-on service to, or otherwise in connection
with, websites and/or applications that such third parties control. Our
Services enable you to find online coupons and promotions available at
third party merchant websites.
The Services act as a system or venue to introduce you to sellers of goods and services. Coupons4web uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of promotional offers not controlled by Coupons4web and, as such, these offers may change without the knowledge of Coupons4web. Coupons4web does not control (i) the quality, safety or legality of items available through or on its merchants' Web sites or sites of third parties not in privity of contract with Coupons4web, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), (iii) the availability or technical capabilities of their websites or links to those websites, or (iv) the availability or terms of promotions offered by those third parties. Coupons4web is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Coupons4web does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Coupons4web is not involved in any transactions between you and any of its merchants or advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by merchants or advertisers. If you have a dispute with one or more merchants or advertisers, you agree to release and hereby release Coupons4web (and Coupons4web's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive Texas 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."
Only
Personal Use is Authorized
Under this Agreement, Coupons4web gives you limited permission to access
and use the Services only for your personal use, and to copy, distribute
and transmit the content of the Services only to the extent that such
copying, distribution, and transmission is automatically done through
your browser software incidentally to using the Services for your personal
use. You may also print a copy of the information displayed on the Services
for your personal use. That means, that except as set forth above, you
may not modify, reformat, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer or sell any information,
products, or service obtained by your use of the Services. This restriction
means, among other things, that you may not mirror on your own website
any portion of the Services or display through your own website any results
pages or other information from the Services without Coupons4web's express
permission.
Your right to access the Services is subject to any limits established by Coupons4web. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Coupons4web, if any, or authorized in advance and in writing by Coupons4web (for example, Coupons4web approved third party tools and services). The Coupons4web websites may contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Coupons4web).
The technology underlying, and content within, the Services is owned by Coupons4web and/or its licensors (including Coupons4web's merchants, advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Coupons4web, Coupons4web owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
Coupons4web DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
Coupons4web's
Potential Liability for the Services is Limited
NEITHER Coupons4web NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICES. Coupons4web WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR
INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED
TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Coupons4web,
ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR
SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
STATE LAW.
Defamation,
Copyright and Trademark Claims
Coupons4web is a provider of an interactive computer services for purposes
of 47 U.S.C. section 230. As such, its liability for others' conduct and
information is limited as described therein.
Further, Coupons4web is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Coupons4web has designated an agent to receive notifications of alleged copyright infringement on the Services. For such purposes, please contact here.
In notifying Coupons4web of alleged copyright infringement, you must include the following information: (a) A description of the copyrighted work that is the subject of claimed infringement; (b) A description of the infringing material and information sufficient to permit Coupons4web to locate the alleged material; (c) Contact information for you, including your address, telephone number and/or e-mail address; (d) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Coupons4web does not arbitrate or resolve trademark disputes among Coupons4web's merchants and advertisers or between those merchants and advertisers and third parties. However, Coupons4web will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Coupons4web occasionally receives requests to remove listings from within the Services. Coupons4web reserves the right to address such requests on a case-by-case basis.
Privacy
and Data Collection
Coupons4web does not collect personally identifying information from users
of the Services unless users have explicitly given such information to
Coupons4web (for example, when you register at one of our websites, sign
up for our newsletter or when sending us an e-mail with a question or
as part of a contest). Coupons4web's information practices are further
described in its privacy policy. Coupons4web's privacy policy is part
of this Agreement, and you agree that use of data as described in the
privacy policy is not an actionable breach of your privacy or publicity
rights. If you have entered into another agreement with Coupons4web (such
as an Affiliate Agreement or an Advertiser Agreement), then you may be
subject to additional or different provisions regarding privacy and data
collection. If you would like more information, please read our privacy
policy. You should consider any communication that you transmit to Coupons4web
(such as data, questions or answers, comments, or suggestions) as non-confidential,
and agree that Coupons4web will not be liable or responsible if information
that belongs to you is intercepted and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
Coupons4web reserves the right to change any information, features and
functions of the Services without prior notice. Coupons4web may deny you
access to all or part of the Services without prior notice if you engage
in any conduct or activities that Coupons4web determines, in its sole
discretion, violate this Agreement, the rights of Coupons4web or any third
party, or is otherwise inappropriate.
Choice
of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Texas without
regard to its conflict of law provisions. Coupons4web's failure to exercise
or enforce any right or provision of the Agreement will not be deemed
to be a waiver of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions
of this Agreement remain in full force and effect. 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 must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement
or the Services will be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim must be arbitrated on an individual basis,
and must not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration must be conducted in Dallas, Texas,
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or Coupons4web may seek any interim or
preliminary relief from a court of competent jurisdiction in Dallas, Texas,
as necessary to protect the rights or property of you or Coupons4web.
Notice
You may direct any questions concerning this Agreement using this form.
Amendment
Coupons4web may amend this Agreement at any time by posting the amended
terms on its Web site. This Agreement may not be otherwise amended except
in a written document signed by you and Coupons4web.
This agreement was last revised on September 17, 2004.