Website Terms of Use
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and The Coupon Bureau LTD (“Coupon Bureau”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website used to access our services (each, a “Website”), which may allow you to upload information related to offers, coupons, discounts, incentives or other content or materials that can be redeemed by consumers, and review the statistics related to the redemption status of the foregoing; and any other content, features, functionality, and services (collectively, “Services”) offered on or through our Websites, whether as a guest or a registered user.
If your organization has entered into a separate agreement for access and use Services offered on or through the Websites (a “Services Agreement”), these Terms of Use supplement such terms and conditions and the terms and conditions in the Services Agreement will take precedence to the extent there is a conflict with these Terms of Use. You must only access the Websites as an employee or other representative of your employer, and not as an individual consumer. You are not authorized to access the Websites as an individual consumer.
Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.
Our Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Websites, you represent and warrant that you are of legal age to form a binding contract with the Coupon Bureau and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend our Websites, and any service or material we provide on the Websites, in our sole discretion without notice. Except as may otherwise be set forth in a Services Agreement, we will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of any one or more of the Websites, to users, including registered users.
You or your employer are responsible for:
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Making all arrangements necessary for you to have access to the Websites.
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Ensuring that all persons who access the Websites through your or your employer’s internet connection are aware of these Terms of Use and comply with them.
To access the Websites or some of the resources they offer, your employer may have provided certain registration details or you may be asked to provide these details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with our Websites or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person (including any other employee of your employer) with access to our Websites or portions of them using your user name, password or other security information. You or your employer agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Without limiting the foregoing, you agree that your employer may take legal or other disciplinary action against you in breach of any of the foregoing.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
Except as may be set forth in the Services Agreement, the Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Coupon Bureau, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Websites for your employer’s internal business use and not for your personal use. Except for Coupon Offers (defined below) and resulting output files, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Websites for your employer’s use and not for your personal use or for any further reproduction, publication, or distribution.
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If we provide an Applications Programming Interface (“API”) to access the Services, you may download a single copy to your computer for your employer’s internal business use, provided your employer has agreed to be bound by our end user license agreement for such APIs.
Except for Coupon Offers and resulting output files, you must not:
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Modify copies of any materials from this site.
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Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
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Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your and your employer’s right to use the Websites will cease immediately, you and your employer must, at our option, return or destroy any copies of the materials you have made, and your employer may take legal or other disciplinary action against you. No right, title or interest in or to the Websites, the Services, or any content on the Websites or on or through the Services is transferred to you, and all rights not expressly granted are reserved by the Coupon Bureau. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
The Coupon Bureau name, the terms “connecting the coupon ecosystem,” “the backbone of connectivity so that all stakeholders can flourish,” the Coupon Bureau logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Coupon Bureau or its affiliates or licensors. You must not use such marks without the prior written permission of the Coupon Bureau. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
PROHIBITED USES
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
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In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any consumer protection or trade laws).
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Access or use the Websites or the Services in any manner that exceeds the authorization provided to you by your employer.
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For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
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To transmit, or procure the sending of, any advertising or promotional material that is not authorized by Coupon Bureau, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
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To impersonate or attempt to impersonate the Coupon Bureau, a Coupon Bureau employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Coupon Bureau or users of the Websites or expose them to liability.
Additionally, you agree not to:
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Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
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Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
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Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
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Use any device, software or routine that interferes with the proper working of the Websites.
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Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
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Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Websites.
COUPON OFFERS
The Websites may contain on-line forms, databases, dashboards, and other interactive features (collectively, “Interactive Services”) that allow users to add information related to offers, coupons, discounts, incentives or other content or materials that can be redeemed by consumers, (collectively, “Coupon Offers”) to the positive offer file on or through the Websites.
All Coupon Offers must, in their entirety, comply with all applicable federal, state, local and international laws and regulations, including, without limitation, those related to consumer protection and fair trade practices.
Some portions of a Coupon Offer you enter into the Services may be non-confidential and non-proprietary, such as bar codes and other information that may be shown to consumers and retailers when coupons are made available to them or redeemed. We will keep other aspects of Coupon Offers and their status in the positive offer file confidential in accordance with the terms of the Services Agreement. By providing any Coupon Offer to the Services, your employer grants us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material, each in accordance with the Services Agreement.
If you are authorized by your employer to upload Coupon Offers into the positive offer file, you represent and warrant that:
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Your provision of all Coupon Offers will be complete, accurate, and duly authorized by your employer;
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The Coupon Offers will not violate the legal rights of others (including your employer) or contain any material that could give rise to any civil or criminal liability or regulations or that otherwise may be in conflict with these Terms of Use;
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The provision of Coupon Offers will not violate, require consent under, or otherwise result in any breach or default under any provisions of any contract or agreement to which you or your employer are a party; and
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All of Coupon Offers provided by you do and will comply with these Terms of Use.
You understand and acknowledge that you and your employer are responsible for any Coupon Offers you submit or contribute, and you, not the Coupon Bureau, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Coupon Offers uploaded to the Services by you or any other user of the Websites.
By uploading or otherwise providing any Coupon Offers to the Websites and subject to the Services Agreement, you and your employer hereby grant to Coupon Bureau and our affiliates and service providers, and each of their and our respective licensees, a non-exclusive, royalty-free, sub-licensable, and transferable worldwide right and license to reproduce, create derivative works from, and otherwise use the Coupon Offers and perform all acts with respect to the Coupon Offers as may be necessary us to provide you with our Websites and the Services.
MONITORING AND ENFORCEMENT/TERMINATION
We have the right to:
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Remove from or refuse to include in the positive offer file any Coupon Offers for any or no reason in our sole discretion.
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Take any action with respect to any Coupon Offer that we deem necessary or appropriate in our sole discretion, including if we believe that such Coupon Offer: violates the Terms of Use, was not fully and duly authorized by your employer, or could create liability for the Coupon Bureau.
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Disclose your identity or other information about you to any third party (including your employer) who claims that the Coupon Offer was not fully and duly authorized by your employer or otherwise violates any applicable federal, state, local and international laws and regulations.
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
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Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COUPON BUREAU AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RELIANCE ON INFORMATION POSTED
Except as otherwise set forth in a Services agreement, the information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
Our Websites may include content provided by third parties, including materials provided by other users, third-party licensors, and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITES
Except as may be set forth in the Services Agreement, we may update the content on our Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITES
All information we collect on our Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
GEOGRAPHIC RESTRICTIONS
The owner of the Websites is based in the state of Texas in the United States. We provide our Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
Except as may be set forth in the Services Agreement, you understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES AVAILABLE THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THEM.
EXCEPT AS MAY BE SET FORTH IN THE SERVICES AGREEMENT, YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES AVAILABLE THROUGH THE WEBSITES IS AT YOUR OWN RISK. EXCEPT AS MAY BE SET FORTH IN THE SERVICES AGREEMENT, THE WEBSITES, THEIR CONTENT AND ANY SERVICES AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY BE SET FORTH IN THE SERVICES AGREEMENT, NEITHER COUPON BUREAU NOR ANY PERSON ASSOCIATED WITH COUPON BUREAU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS MAY BE SET FORTH IN THE SERVICES AGREEMENT, NEITHER COUPON BUREAU NOR ANYONE ASSOCIATED WITH COUPON BUREAU REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES AVAILABLE THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES AVAILABLE THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COUPON BUREAU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
EXCEPT AS MAY BE SET FORTH IN THE SERVICES AGREEMENT, IN NO EVENT WILL COUPON BUREAU, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES ANY CONTENT ON THE WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
The Services Agreement may contain obligations either your employer or Coupon Bureau to defend, indemnify, and hold harmless the other party under certain conditions. In addition to such rights and obligations, you, as an individual, agree to defend, indemnify and hold harmless the Coupon Bureau, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, Coupon Offers, any use of the Website’s content, and Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) involving you as an individual and not a representative of your employer, shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). All other dispute or claims shall be governed as set forth in the Services Agreement.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites involving you as an individual and not a representative of your employer shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. All other legal suits, actions, or proceedings shall be instituted in the venue set forth in the Services Agreement.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU INDIVIDUALLY MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Coupon Bureau of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Coupon Bureau to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use, the Services Agreement (if any), and our Privacy Policy constitute the sole and entire agreement between you and Coupon Bureau with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
YOUR COMMENTS AND CONCERNS
This website is operated by Coupon Bureau; 12655 N Central Expressway, Suite 700; Dallas, Tx 75243.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: legal@thecouponbureau.org.