General Terms of Use

COUPONLER GENERAL TERMS OF USE

1. ACCEPTANCE OF TERMS OF USE

1.1 Through Couponler (the "Services") Couponler ("Couponler") provides web siteowners the ability to create, post, and e-mail coupons. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). The following are the terms and conditions for use of the Services. By checking the "I have read the Couponler Terms of Use statement. I accept these terms and conditions" box on the Free Trial page or after logging in for the first time, you accept these terms and conditions.

1.2 Your use of any of Couponler's Web sites (each, a "Site" and, collectively, the "Sites"), any of Couponler's services (each, a "Service" and, collectively, the "Services") and any of Couponler's software ("Software") is subject to these General Terms of Use (the "Terms of Use") in effect at the time of your use. Couponler reserves the right to update and change these Terms of Use from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Use will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Couponler as of the date the changes take effect and (ii) Couponler has actual notice of the dispute as of the date the changes take effect.

1.3 Your use of Couponler's Sites, Services or Software is also subject to the Couponler Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. For the purposes of the Couponler Privacy Policy, Couponler's Sites, Services and Software, singly and in combination, constitute part of the "Couponler Sites, Products and Services." You can review the most current version of the Couponler Privacy Policy by clicking here at any time.

1.4 Your use of Couponler's Sites, Services or Software may also be subject to additional terms, conditions, policies and/or agreements applicable to that particular Site, Service or Software. In the event of any conflict between these Terms of Use and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Use regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Use will control.

1.5 By signifying your acceptance of this Terms of Use or making any use of Couponler's Sites, Services or Software, you signify your irrevocable acceptance of these Terms of Use and the Couponler Privacy Policy in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use Couponler's Sites, Services or Software, then you represent and agree that you have the authority to accept these Terms of Use and the Couponler Privacy Policy on behalf of such corporation or other legal entity and that all provisions of these Terms of Use and the Couponler Privacy Policy will bind that corporation or other legal entity as if it were named in these Terms of Use and the Couponler Privacy Policy in place of you.

1.6 Couponler's Sites, Services and Software are not intended for users under the age of thirteen (13). By signifying your acceptance of these Terms of Use or making any use of Couponler's Sites, Services or Software, you represent and warrant that you are at least thirteen (13) years of age.

2. REGISTRATION, ACCOUNT INFORMATION AND SECURITY

2.1 When you register to use Couponler's Sites, Services or Software, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.

2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Couponler will not be liable for any loss or damage arising from your failure to maintain control over access to your account.

3. USER-SUBMITTED CONTENT AND CONTENT LICENSES

3.1 Couponler does not claim ownership over the content you post on or through Couponler's Sites, Services or Software. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using Couponler's Sites, Services or Software, you are granting Couponler a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by Couponler as part of Couponler's Sites, Services or Software. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to Couponler, but please be aware that your decision may prevent you from being able to use all or portions of Couponler's Sites, Services or Software.

3.2 You acknowledge that Couponler does not pre-screen user-submitted content, but that Couponler and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any user-submitted content that is available via Couponler's Sites, Services or Software.

3.3 You will evaluate, and bear all risks associated with, the use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all user-submitted content is the sole responsibility of the person from which such content originated. This means that you, and not Couponler, are entirely responsible for all content that you upload, post, transmit or otherwise make available via Couponler's Sites, Services or Software. Couponler does not control the user-submitted content posted via Couponler's Sites, Services or Software and, as such, does not guarantee the accuracy, integrity or quality of such content.

3.4 You understand that by using Couponler's Sites, Services or Software, you may be exposed to user-submitted content that is offensive, indecent or objectionable. Under no circumstances will Couponler be liable in any way for any user-submitted content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

3.5 Notwithstanding anything to the contrary in Section 3.1, Couponler may preserve user-submitted content and may also disclose such content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use and the Couponler Privacy Policy; (c) respond to claims that any user-submitted content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Couponler, its users and the public.

3.6 The technical processing and transmission of Couponler's Sites, Services or Software, including user-submitted content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

4. USE COUPONLER'S SITES AND MATERIALS

4.1 You may not use, frame or utilize framing techniques to enclose any Site, or any individual element or materials within any Site, without Couponler's express written consent.

4.2 You may not use any circumvention tools, meta tags or any other "hidden text" utilizing Couponler's name or any of its trademarks, service marks, URLs, service names or product names without Couponler's express written consent.

4.3 All materials transmitted or published by Couponler on this Site which are owned or controlled by Couponler, its subsidiaries or affiliated companies (collectively "Couponler Materials") are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal, modification or redistribution of, or the creation of derivative works based on, Couponler Materials without Couponler's express written consent is strictly prohibited.

5. CANCELLATION AND TERMINATION

5.1 All fees paid to Couponler for Couponler are non-refundable, unless an account is terminated by Couponler for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by Couponler. You hereby authorize Couponler to debit credits from your account for such amounts whenever you send a campaign to any recipient. Account fees are payable in US dollars. If Couponler is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by Couponler.

5.2 Couponler, in its sole discretion, may terminate your password and/or account and remove and discard any content within Couponler's Sites, Services or Software for any reason, including and without limitation lack of use, or if Couponler believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Couponler Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Couponler's discretion, will be terminated as well.

5.3 Couponler, in its sole discretion and at any time, may discontinue providing Couponler's Sites, Services or Software, or any part thereof, with or without notice. Any termination of your access to Couponler's Sites, Services or Software under any provision of these Terms of Use may be effected without prior notice. Couponler may immediately deactivate or delete your account, as applicable, and all related information and content and bar any further access to such information, content or to Couponler's Sites, Services or Software. Couponler will not be liable to you or any third party for any termination of your access to Couponler's Sites, Services or Software. Couponler has zero tolerance for the misuse of its software for propagating adult themes, pornographic material, violence and prejudice. (Basically keep it PG-13 or below or we’ll delete your coupon/account.)

5.4 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on Couponler's Sites, Services or Software may be deleted by Couponler. Couponler will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.

6. INTERSTATE AND INTERNATIONAL USE

6.1 In using Couponler's Sites, Services or Software to send electronic communications, and as a result of Couponler's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.

6.2 Couponler's Sites and Services are hosted in the United States. If you use Couponler's Sites or Services from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Couponler's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.

6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

7. ADVERTISING AND ADVERTISERS

7.1 Couponler's Sites, Services or Software may include advertisements, which are necessary for Couponler to provide the Sites, Services and Software.

7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Couponler's Sites, Services or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Couponler will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Couponler's Sites, Services or Software.

8. LINKS

8.1 Couponler's Sites, Services or Software may provide, or third parties may provide, links to other content, products, services or Web sties which are not owned or operated by Couponler. Because Couponler has no control over such content, products, services or Web sties, Couponler is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Couponler will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sties.

9. INDEMNITY

9.1 You will indemnify and hold Couponler, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of Couponler's Sites, Services or Software, your connection to the Sites, Services and Software, your violation of these Terms of Use or the Couponler Privacy Policy, or your violation of any rights of another, whether you are a registered user or not.

10. RESALE OF COUPONLER'S SITES, SERVICES OR SOFTWARE

10.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of, use of or access to Couponler's Sites, Services or Software without the express permission by Couponler.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

11.1 Couponler may establish general practices and limits concerning use of Couponler's Sites, Services or Software and may modify such practices and limits from time to time.

12. MODIFICATIONS TO COUPONLER'S SITES, SERVICES OR SOFTWARE

12.1 Couponler reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Couponler's Sites, Services or Software (or any part thereof) with or without notice at any time. You agree that Couponler will not be liable to you or to any third party for any modification, suspension or discontinuance of Couponler's Sites, Services or Software.

13. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS

13.1 Couponler's Sites, Services or Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through Couponler's Sites, Services or Software or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on Couponler's Sites, Services or Software or any advertiser's content, in whole or in part.

13.2 Unless otherwise agreed in writing by an authorized Couponler representative, any material, information or idea you transmit to Couponler by any means may be disseminated or used by Couponler or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to your own content or to your personal information that is subject to the Couponler Privacy Policy.

14. DISCLAIMER OF WARRANTIES

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF Couponler'S SITES, SERVICES OR SOFTWARE IS AT YOUR SOLE RISK. Couponler'S SITES, SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Couponler 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.

(b) Couponler WILL MAKE REASONABLE EFFORTS TO MAINTAIN ITS SITES, SERVICES AND SOFTWARE, HOWEVER, Couponler IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO Couponler'S SITES, SERVICES OR SOFTWARE, OR OTHER INTERACTION WITH Couponler'S SITES, SERVICES OR SOFTWARE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON Couponler'S SITES, SERVICES OR SOFTWARE. Couponler DOES NOT WARRANT THAT (i) ITS SITES, SERVICES AND SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ITS SITES, SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Couponler'S SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN Couponler'S SITES, SERVICES OR SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Couponler'S SITES, SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM Couponler'S SITES, SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

15. LIMITATION OF LIABILITY

15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Couponler WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Couponler HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Couponler'S SITES, SERVICES OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Couponler'S SITES, SERVICES OR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH Couponler'S SITES, SERVICES OR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO Couponler'S SITES, SERVICES OR SOFTWARE.

15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

16. U.S. GOVERNMENT RESTRICTED RIGHTS

16.1 If you are an agency of the United States Government, each of Couponler's Sites, Services and Software is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that Couponler's Sites, Services or Software are trade secrets and proprietary commercial products and not subject to disclosure.

17. GENERAL

17.1 Notices to you may be made via either email or regular mail. Couponler may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on Couponler's Sites, Services or Software.

17.2 These Terms of Use and the relationship between you and Couponler will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Couponler agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California with regard to all disputes arising in any manner from Couponler's Sites, Services or Software or these Terms of Use.

17.3 The failure of Couponler to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Couponler and governs your use of Couponler's Sites, Services or Software, superseding any prior agreements between you and Couponler (including, but not limited to, any prior versions of these Terms of Use). If any provision of these Terms of Use or incorporated documents are 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 these Terms of Use will remain in full force and effect.

17.4 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Couponler's Sites, Services or Software or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.5 The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Email: info@couponler.com

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Couponler's Sites, Services or Software. The Copyright Agent will not respond to any other inquiries.

Last updated February 19, 2014

 
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