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COUPONIMPACT.COM USER AGREEMENT (TERMS OF USE)
("Agreement")Thanks for visiting www.couponimpact.com (the "Website") which is provided by Coupon Impact, LLC (the "Company"). This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use this Website. The Terms and Conditions for the Website are effective as of Jan 1, 2009. Please read these pages carefully. By accessing and using this Website you accept and agree to be bound, without limitation or qualification, by these Terms. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Website after we have made any modification or revision, you agree to be bound by the revised terms.
If you do not accept any of the Terms stated here, please do not use the Website. The Company retains the right to deny access to anyone at its complete discretion for any reason including violation of these Terms
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links from this Website. We are a directory of other sites and the offers they promote. This site does not sell any good or service to consumers and nothing on this site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other website's and from other companies. You are cautioned to read such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Company does not guarantee prices, promotions, or products or services, or anything on such sites.You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this site. You agree that the Company and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. The Company does not sponsor or recommend these sites. You acknowledge that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience.If you have any complaint with such sites, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov
.LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
EXPORTYou agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work or Information has been copied and is accessible on the Website in such a manner as to constitute copyright infringement, you may notify the Company by providing the Company’s copyright agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company’s’ agent for notice of claims of copyright infringement on the Website may be reached as follows:
Coupon Impact, LLC
Attn: Copyright Agent
302 16th Ave NE
Buffalo, MN 55313
USE OF MATERIALS AND TRADEMARKS
The Company authorizes you to view and download a single copy of the material on the Website solely for your personal, non-commercial use. The contents of this Website, such as text, graphics, images, audio, video and all other material ("Material"), are protected by copyright under both United States and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the "Marks") displayed on the Website or Material are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website. If you would like information about obtaining the Company's permission to use the Material on your Website, please contact us at <contact(at)ponbigoil(dot)com>. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material
DISCLAIMER OF WARRANTIES
THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY AS MUCH AS PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF YOUR JURISDICTION INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement or the terms of their offerings. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
The Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
GENERAL
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain states or countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Website is based in Buffalo, Minnesota. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Minnesota applicable to contracts entered into and performed within the State of Minnesota without respect to its conflict of laws principles. By using this Website, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Website is the United States District Court in Wright County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of Website.
