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Last Updated July 28, 2011
1. Accepting the Terms
By using the information, tools, features and functionality located on Couptivate.com (together the “Service”), you (“you” or User”) agree to be bound by this Agreement. The term “we” refers to Couptivate™. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Couptivate™. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. Privacy and your Personal Information
3. Description of the Service
4. Account Information from Third Party Sites
5. Third-Party Links
The Service will provide links to other web sites, including those sites from which
Users have purchased Gift Certificates. Couptivate™ does not endorse, warrant
or guarantee the third-party products or services advertised on or linked from
our site), whether or not sponsored, and Couptivate™ is not an agent or broker or
otherwise responsible for the activities or policies of those web sites.
6. Your Registration Information
You agree and understand that you are responsible for maintaining the
confidentiality of your password which, together with your e-mail address, allows
you to access the Service. Your e-mail address and password, together with any
other contact information you provide form your “Registration Information.”
7. Your Use of the Service
Your right to access and use Couptivate.com and the Service is personal to you and
is not transferable by you to any other person or entity. You are only entitled to access and use Couptivate.com for lawful purposes.
8. Online and Mobile Alerts
Couptivate™ may from time to time provide automatic alerts and voluntary account-
9. Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information,
materials and other content to Couptivate™ through the Service, you are licensing that
content to Couptivate™ solely for the purpose of providing the Service. Couptivate™
may use and store the content, but only to provide the Service to you. By submitting
this content to Couptivate™, you represent that you are entitled to submit it to
Couptivate™ for use for this purpose, without any obligation by Couptivate™ to pay any
fees or other limitations.
10. Couptivate’s Intellectual Property Rights
The contents of Couptivate.com, including its “look and feel” (e.g., text, graphics,
images, logos and button icons), photographs, editorial content, notices, software
(including html-based computer programs) and other material are protected under
both United States and other applicable copyright, trademark and other laws. The
contents of Couptivate.com belong to Couptivate™. Couptivate™ grants you the right
to view and use Couptivate.com subject to these terms. You may download or print
a copy of information provided on Couptivate.com for your personal, internal and
non-commercial use only. Any distribution, reprint or electronic reproduction of any
content from Couptivate.com in whole or in part for any other purpose is expressly
prohibited without our prior written consent.
11. Access and Interference
You agree that you will not:
12. Rules for Posting
You are responsible for all content you submit to Couptivate.com.
By submitting content to us, you represent that you have all necessary rights and
hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works of,
modify, display, and perform all or any portion of the content in connection with
Couptivate.com and our business, including without limitation for promoting and
redistributing part or all of the site (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each User a non-
exclusive license to access your posted content through Couptivate.com, and to
use, reproduce, distribute, prepare derivative works of, display and perform such
content as permitted through the functionality of Couptivate.com and under this
13. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH
COUPTIVATE.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT
SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
COUPTIVATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF COUPTIVATE.COM
OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK.
14. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may
be delayed or prevented by a variety of factors. Couptivate™ does its best to provide
alerts in a timely manner with accurate information. However, we neither guarantee
the delivery nor the accuracy of the content of any alert. You also agree that
Couptivate™ shall not be liable for any delays, failure to deliver, or misdirected
delivery of any alert; for any errors in the content of an alert; or for any actions
taken or not taken by you or any third party in reliance on an alert.
15. Limitations on Couptivate’s Liability
COUPTIVATE™ SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO
ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFIT OR USE OF GIFT CERTIFICATES, ARISING
IN WHOLE OR IN PART FROM YOUR ACCESS TO COUPTIVATE.COM, YOUR USE OF
THE SERVICE OR THIS AGREEMENT, EVEN IF COUPTIVATE™ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS AGREEMENT, COUPTIVATE’S LIABILITY TO YOU FOR ANY
CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
16. Your Indemnification of Couptivate™
You shall defend, indemnify and hold harmless Couptivate™ and its officers, directors,
shareholders, and employees, from and against all claims and expenses, including
but not limited to attorneys fees, in whole or in part arising out of or attributable to
any breach of this Agreement by you.
Couptivate™ may modify this Agreement from time to time. Any and all changes
to this Agreement will be posted on the Couptivate.com site. In addition, the
Agreement will always indicate the date it was last revised. You are deemed to
accept and agree to be bound by any changes to the Agreement when you use the
Service after those changes are posted.
18. Governing Law and Forum for Disputes
This Agreement shall be governed in all respects by and construed in accordance
with the laws of the state of New York, without regard to its conflicts of law
principles. With respect to any disputes or claims, you acknowledge and understand
that exclusive jurisdiction over any cause of action arising out of this Agreement or
your use of the Service shall be in the state or federal courts located in or near the
New York City, New York. You agree to submit to the jurisdiction of such courts,
and you hereby waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction in the state and federal courts
located in or near New York City, New York.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, this Agreement as a whole shall not
be deemed unlawful, void or unenforceable, but only that portion of this Agreement
that is unlawful, void or unenforceable shall be stricken from this Agreement.
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