Terms Of Use

COUPONCOACH.COM TERMS OF USE

The Couponcoach.com Terms of Use set forth the terms of your understanding with CouponCoach.com and how you may use the content located on the CouponCoach.com website (the “Website”) (the Website and its owners shall be referred to as “we” or “us’).  The Privacy Policy posted to our Website also forms part of these Terms of Use. Your use of this Website constitutes your acknowledgement that you have read, accept, and agree to be bound by these Terms of Use and any applicable laws therein.  Please do not use this Website if you do not agree to our Terms of Use. 

1. REGISTRATION
Registration is not required to use our Website, but certain advanced features and content are only accessible to registered users.  If you elect to set up an account, you will be asked to provide your full name and email address and to create a user name and password.

It is your responsibility to maintain the security of your name and password and to not share either with any third party.  In the event that you become aware of a breach of your user name and password, please change both immediately, and notify us of the issue. 

All information that you provide to us when you register must be accurate and complete, including but not limited to maintaining an accurate email address on file with us at all times. We may suspend or cancel your membership without notice if we have any reason to believe that you are not eligible to use this Website, if the information you have provided is inaccurate, or if you have failed to comply with the Terms of Use, without limiting any other remedies to which we may be entitled.

2. OUR WEBSITE
Our Website provides educational content on how to save money using coupons, along with functionality which enables registered users to collaborate, share content, and tell each other about his or her couponing successes.  In addition, our Website not only provides content on brands that will mail you coupons, but also offers training courses by expert couponers on how to maximize your savings with coupons.  We even offer blogs containing coupon and deal tips, email notifications regarding new deals in your area, and access to the weekly grocery store circulars from major locations across the United States. 

3. INTELLECTUAL PROPERTY
We and our licensors own all intellectual property in the Website, including but not limited to the trademarks and logos, code, databases, design features, and content (such as text, images, artwork, audio, and video files).  You may not reproduce, display, copy, distribute or otherwise use for any commercial purposes any portion of this Website without the permission of us or our licensors as appropriate.  If for any reason at any time you seek the ability to reuse any copyrightable material or trademarks, please contact us in order to enter into a license, which will authorize your intended use of the materials. 

4. ADVERTISEMENTS, COMMENTS, AND OTHER SUBMITTED CONTENT
Our Website may contain photos, advertisements, banners, text ads, comments, suggestions, and other content (“Content”) submitted by registered users and third party businesses.  When you post Content to our Website, please post with caution, as the Website is a public forum, and any Content that you post may be displayed publicly on that forum. 

By submitting any Content to us for posting on our Website, you warrant and represent to us that your Content is appropriate for use on our Website, and that it is not defamatory, illegal, obscene, threatening, harassing, infringing of intellectual property rights, and does not contain viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such Content on our Website, to reproduce or store  Content on our computers and servers, and to make any modifications or reformatting necessary to publish and display the Content (or any portion thereof) on the Website.  If you upload photo or video content to our Website, you also warrant and represent that you have obtained the right to use the likeness on our Website of any person included in such photo, and that you have obtained the rights from any company whose branding or marks are featured in your photo to display a photo featuring such branding or marks on our Website.  If you are an advertiser, you also grant us a nonexclusive worldwide license to publish and display any trademarks, service marks, or logos that you provide to us on the Website.  

We do not have any obligation to pre-screen the Content that you submit, but we reserve the right to remove any Content in our sole and absolute discretion without notice.

5. COPYRIGHT INFRINGEMENT
This Website respects third party intellectual property rights, so please notify our designated agent for copyright infringement immediately if you ever suspect that your copyright in any Content has been infringed.  All notifications should include the following information:
• Identification of the copyright owner;
• Description of the infringed right;
• Location of infringing Content;
• Your contact information, including address, telephone number, and email address; and
• Confirmation of your identity, made under penalty of perjury.
Our designated agent for copyright infringement is The Prinz Law Office, who may be contacted at the following address: P.O. Box 1594, Los Gatos, CA 95030.

6.  THIRD PARTIES
Our Website may contain links to third party websites, which are not owned or maintained by us and over which we have no control.  If you click on a link to a third party website, our Privacy Policy and Terms of Use will no longer apply.  Links to third party websites should not be construed as an endorsement of such website or the service that they offer. 
Our Website may also introduce you to individuals with whom you have never met and businesses with whom you have never worked.  Interacting with parties you meet through the Internet is inherently risky and could result in financial or bodily harm to you.  We do not pre-screen people or businesses who join our Website for criminal records, credit reports, or other credentials, so you solely assume all risks of loss or injury from any third party that you meet through this Website.  In the event that you ever have a complaint against any such third party, you should contact such third party directly regarding your issue.

7.  MAINTENANCE OF WEBSITE
We employ commercially reasonable practices to maintain our Website and keep it operational.  If we identify malware, bugs, errors, or other technical problems, then we will promptly assign technicians to address and resolve the issue.  If you find an issue with our Website at any time, please promptly notify us of the problem.  Your notice should include the following information:
• A full description of the incident and how it arose;
• A description of any error message;
• A description of how you discovered the incident.
We cannot guarantee continuous access to our Website, nor can we assume any liability for any delay, interruption or downtime.  Furthermore, we cannot guarantee that the Website will be free of malware and destructive software at all times, although we make commercially reasonable efforts to keep the Website free of malware, spyware, and viruses.
We urge you to use reasonable care in downloading information from the Website.  You agree and acknowledge that we can assume no responsibility for any damage to your computer equipment that may result from your using our Website or downloading from our Website.

8. PROHIBITED CONDUCT ON OUR WEBSITE
Our Website should only be used by users who are acting appropriately on our Website.  The following activities are all considered to be “prohibited conduct”:
• Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity
• Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Service;
• Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
• Using the Website for any illegal purpose;
• Sharing information or initiating communications with information you are under an obligation not to disclose;
• Posting Content which infringes the rights of any third party, or alternatively, deciphering, decompiling, disassembling, copying, duplicating, aggregating,  or reverse engineering all or part of the Website;
• Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website or platform’s infrastructure, servers, data, or network;
• Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Chrome, and Safari);
• Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or of any computer software, hardware, or telecommunications equipment;
• Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
• Stalking, harassing, or threatening any user of the Website; or
• Collecting or storing personal information about other users on the Website.
We reserve the right to suspend or cancel the account of any registered user who does not appropriately use the Website.  If you become aware of any inappropriate conduct, please notify us at our email address at info@couponcoach.com.

9. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES
You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages arising out of or in connection with your reliance on this Website and any educational content posted herein, your use of any coupon or discount offers referenced on our Website, or your interaction with any third parties as a result of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims.  Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

10.  WARRANTY; DISCLAIMER.
You agree and acknowledge that all Content provided on this Website is provided on an “as is” basis and that any views expressed on our Website reflect the views of the author only and do not necessarily reflect the views of the Website.  We expressly disclaim any liability for the accuracy, reliability, completeness, or validity of any information, coupons, or discount offers posted to this Website, or for the quality of any product that you purchase as a result of a coupon or discount offer referenced on the Website. 

You solely assume all risks for the use of this Website and your reliance on any Content posted herein.  We expressly disclaim any liability for interacting or doing business with any third party with whom you are introduced on this Website.   You acknowledge and agree that we do not pre-screen third parties who use our Website, and you assume all risks for conducting adequate due diligence on such third party before doing business or further interacting with such party.  You acknowledge and agree that we cannot make any warranties or representations about the quality of any item advertised on our Website, or that you will be satisfied with any purchase. 

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  WE FURTHER DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND TO YOUR COMPUTER, YOUR INTERNET ACCESS, OR YOUR DATA AS A RESULT OF YOUR USE OF THIS WEBSITE.  WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.  FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE. WE DISCLAIM ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS MADE IN ANY ADVERTISEMENT. COUPON OR OFFER, OR FROM ANY ADVERSE CONSEQUENCES WHICH ARISE FROM YOUR MAKING A PURCHASE OF AN ITEM ADVERTISED ON OUR WEBSITE OR INTERACTING WITH ANY THIRD PARTY WITH WHOM YOU ARE INTRODUCED THROUGH THIS WEBSITE.

11.  INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us, our respective licensors, officers, directors, employees, independent contractors, representatives, agents, and other users against any third party claim, liability, expense, or settlement arising from or in any way related to (a) your use of this Website or any third party websites, (b) your submission of Content,  (c) your purchase of any item advertised on this Website or interaction with any third party that you meet through this Website, (d) your infringement or violation of any third party’s rights; or (e) your violation of any other term or condition set forth in these Terms of Use.

12. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release our officers, directors, employees, independent contractors, representatives, and agents and waive all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to (a) your use of this Website, (b) your purchase of any item advertised on this Website, (c) your reliance on any discount, offer, or couponing strategy referenced on this Website, or (d) your decision to interact or do business with any third party introduced to your through this Website.  If applicable, you waive your rights under California Civil Code Section 1542, which states, “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.” 

13. ELIGIBILITY TO USE OUR WEBSITE
Only adults who are eighteen (18) years old or older, are able, and are competent are eligible to register to use this Website. 

14.  MISCELLANEOUS
We reserve the right to discontinue this Website at any time in our sole discretion.  You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business.  If it is determined that any section of these Terms of Use is unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining sections shall not be affected by such holding.  The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section.  If no feasible interpretation would save section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.  The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein.  The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

15. GOVERNING LAW; DISPUTE RESOLUTION
You agree that the Terms of Use will be governed by and construed in accordance with the laws of Texas, without regard to conflicts of law principles, and that any disputes under this Agreement will be submitted to binding arbitration under the Rules of Arbitration for the American Arbitration Association in Bexar, Texas.  You agree that we will share all costs incurred in the arbitration, and that the award will be final.  If either of us seeks a review of the decision, then the prevailing party will be entitled to costs and reasonable attorneys fees.  You agree and acknowledge that all claims must be resolved in accordance with this Section.  If you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

16. FEEDBACK; SUGGESTIONS
Feedback and suggestions are encouraged on this Website.  If you provide such feedback to use, however, you agree and acknowledge that we have the right to use the ideas or feedback you provide. You agree to grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your messages and feedback into our intellectual property. 

17. CONTACT US
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at info@couponcoach.com.

18. MODIFICATIONS
We may modify our Terms of Use at any time without notice in our sole discretion, and all modifications will be effective immediately.  You should check the Terms of Use periodically to ensure that you are informed of any changes.  We may also amend our Privacy Policy at any time or introduce new policies regarding the use of the Website.  We will also post any such changes on this Website.

19. EFFECTIVE DATE
Our Terms of Use were last modified on September 2, 2011.