We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use
our
Services will
terminate immediately.
Your submissions
and contributions
Please review this section and the "
PROHIBITED
ACTIVITIES
"
section carefully prior to using our Services to understand the (a)
rights you
give us
and (b) obligations you have when you post or upload any content through
the
Services.
Submissions: By directly
sending us
any
question, comment, suggestion, idea, feedback, or other information
about the
Services (
"Submissions"
), you agree to assign to us all intellectual property rights in
such
Submission.
You agree that we shall own this Submission and be entitled to its
unrestricted
use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or
compensation to you.
Contributions: The Services
may invite
you to
chat, contribute to, or participate in blogs, message boards, online
forums, and
other
functionality during which you may create, submit, post, display,
transmit,
publish,
distribute, or broadcast content and materials to us or through the
Services,
including
but not limited to text, writings, video, audio, photographs, music,
graphics,
comments,
reviews, rating suggestions, personal information, or other material (
"Contributions"). Any Submission that
is
publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be
viewable by
other
users of the Services and possibly
through
third-party websites
.
When you post Contributions, you grant
us a
license (including use
of your
name,
trademarks, and logos):
By posting any Contributions, you grant
us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable,
royalty-free, fully-paid, worldwide right, and
license to: use, copy,
reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform,
publicly
display, reformat, translate, excerpt (in whole or in part), and exploit
your
Contributions (including, without limitation, your image, name, and
voice) for
any
purpose, commercial, advertising, or otherwise, to prepare derivative
works of,
or
incorporate into other works, your Contributions, and to
sublicense the licenses
granted in
this section. Our use and distribution may occur in any media formats
and
through any
media channels.
This license
includes our use of your
name,
company
name, and franchise name, as applicable, and any of the trademarks,
service
marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post
or
upload: By sending us Submissions
and/or posting Contributions
through any
part of the Services or making
Contributions
accessible through the Services by linking your account through the
Services to
any of
your social networking accounts,
you:
-
confirm that you have read and agree with
our
"
PROHIBITED
ACTIVITIES
"
and will not post, send, publish, upload, or transmit
through the
Services any Submission nor
post any
Contribution that
is
illegal,
harassing, hateful, harmful, defamatory, obscene, bullying,
abusive,
discriminatory, threatening to any person or group, sexually
explicit,
false,
inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable
law,
waive any
and all moral rights to any such Submission
and/or Contribution
;
-
warrant that any such Submission and/or Contributions are original
to you or
that
you have the necessary rights and
licenses
to submit such
Submissions and/or
Contributions and
that you have full
authority to grant us the above-mentioned rights in relation to
your
Submissions
and/or Contributions; and
-
warrant and represent that your
Submissions and/or
Contributions do
not constitute
confidential
information.
You are
solely
responsible for your Submissions and/or
Contributions
and you expressly agree to
reimburse us
for
any and all losses that we may suffer because of your breach of (a) this
section, (b)
any third
party’s intellectual property rights, or (c) applicable law.
We may
remove or
edit your Content: Although we have no obligation to monitor
any
Contributions,
we shall have the right to remove or edit any Contributions at any time without
notice
if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal
Terms. If
we remove or edit any such Contributions, we may also suspend or disable your
account
and report
you to the authorities.
Copyright
infringement
We
respect the
intellectual property rights of others. If you believe that any material
available on or
through
the Services infringes upon any copyright you own or control, please immediately
refer
to the
"
COPYRIGHT INFRINGEMENTS
"
section
below.
10.GUIDELINES
FOR REVIEWS
We
may
provide
you areas on the Services to leave reviews or ratings. When posting a
review,
you must
comply with the following criteria: (1) you should have firsthand
experience
with the
person/entity being reviewed; (2) your reviews should not contain
offensive
profanity,
or abusive, racist, offensive, or hateful language; (3) your reviews
should not
contain
discriminatory references based on religion, race, gender, national
origin, age,
marital
status, sexual orientation, or disability; (4) your reviews should not
contain
references to illegal activity; (5) you should not be affiliated with
competitors if
posting negative reviews; (6) you should not make any conclusions as to
the
legality of
conduct; (7) you may not post any false or misleading statements; and
(8) you
may not
organize
a campaign encouraging others to post reviews, whether positive
or
negative.
We
may
accept, reject, or remove reviews in our sole discretion. We
have
absolutely no
obligation to screen reviews or to delete reviews, even if
anyone
considers
reviews objectionable or inaccurate. Reviews are not endorsed by
us, and
do not
necessarily represent our opinions or the views of any of our
affiliates
or
partners. We do not assume liability for any review or for any
claims,
liabilities, or losses resulting from any review. By posting a
review,
you
hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free,
fully
paid, assignable, and sublicensable right and
license to
reproduce,
modify, translate, transmit by any means, display, perform,
and/or
distribute
all content relating to review.
11.MOBILE
APPLICATION LICENSE
Use License
If
you
access
the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless
electronic
devices owned or controlled by you, and to access and use the App on
such
devices
strictly in accordance with the terms and conditions of this mobile
application
license
contained in these Legal Terms. You shall not: (1) except as
permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to
derive the
source
code of, or decrypt the App; (2) make any modification, adaptation,
improvement,
enhancement, translation, or derivative work from the App; (3) violate
any
applicable
laws, rules, or regulations in connection with your access or use of the
App;
(4)
remove, alter, or obscure any proprietary notice (including any notice
of
copyright or
trademark) posted by us or the licensors of the App; (5) use the App for
any
revenue-generating endeavor, commercial
enterprise, or
other
purpose for which it is not designed or intended; (6) make the App
available
over a
network or other environment permitting access or use by multiple
devices or
users at
the same time; (7) use the App for creating a product, service, or
software that
is,
directly or indirectly, competitive with or in any way a substitute for
the App;
(8) use
the App to send automated queries to any website or to send any
unsolicited
commercial
email; or (9) use any proprietary information or any of our interfaces
or our
other
intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for use with
the
App.
Apple
and Android Devices
The
following
terms apply when you use the App obtained from either the Apple Store or
Google
Play
(each an "App Distributor") to access the
Services: (1)
the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that
utilizes the Apple iOS or
Android
operating systems, as applicable, and in accordance with the usage rules
set
forth in
the applicable App Distributor’s terms of service; (2) we are
responsible for
providing
any maintenance and support services with respect to the App as
specified in the
terms
and conditions of this mobile application
license contained in these
Legal
Terms or as
otherwise required under applicable law, and you acknowledge that each
App
Distributor
has no obligation whatsoever to furnish any maintenance and support
services
with
respect to the App; (3) in the event of any failure of the App to
conform to any
applicable warranty, you may notify the applicable App Distributor, and
the App
Distributor, in accordance with its terms and policies, may refund the
purchase
price,
if any, paid for the App, and to the maximum extent permitted by
applicable law,
the App
Distributor will have no other warranty obligation whatsoever with
respect to
the App;
(4) you represent and warrant that (i) you are not located in a country
that is
subject
to a US government embargo, or that has been designated by the US
government as
a "terrorist supporting" country and (ii) you
are not
listed on
any US government list of prohibited or restricted parties; (5) you must
comply
with
applicable third-party terms of agreement when using the App, e.g.,
if
you have a VoIP application, then you must not be in violation of their
wireless
data
service agreement when using the App; and (6) you acknowledge and agree
that the
App
Distributors are third-party beneficiaries of the terms and conditions
in this
mobile
application license contained in these
Legal
Terms, and
that each App Distributor will have the right (and will be deemed to
have
accepted the
right) to enforce the terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party
beneficiary
thereof.
12.SOCIAL
MEDIA
As
part of the functionality of the
Services, you
may link
your account with online accounts you
have with
third-party service providers (each such
account, a
"Third-Party
Account"
)
by either: (1) providing your
Third-Party
Account login
information through the Services; or (2)
allowing us to
access your Third-Party
Account, as is permitted under the
applicable
terms and
conditions that govern your use of each
Third-Party
Account. You represent and warrant that
you are
entitled
to disclose your Third-Party
Account login information to us and/or
grant us
access
to your Third-Party
Account, without breach by you of any of
the
terms and
conditions that govern your use of the
applicable Third-Party
Account, and without obligating us to
pay any
fees or
making us subject to any usage
limitations
imposed by
the third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may
access,
make
available, and store (if applicable) any
content
that
you have provided to and stored in your
Third-Party
Account (the
"Social
Network Content"
) so that it is available on and
through
the
Services via your account, including
without
limitation
any friend lists and (2) we may submit
to and
receive
from your Third-Party
Account additional information to the
extent you
are
notified when you link your account with
the
Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the
privacy
settings
that you have set in such Third-Party
Accounts, personally identifiable
information
that you
post to your Third-Party
Accounts may be available on and through
your
account on
the Services. Please note that if a
Third-Party
Account or associated service becomes
unavailable or our
access to such Third-Party
Account is terminated by the third-party
service
provider, then Social Network Content
may no
longer be
available on and through the Services.
You will
have the
ability to disable the connection
between your
account
on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT
YOUR
RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY
YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE
PROVIDERS. We
make no effort to review any Social
Network
Content for
any purpose, including but not limited
to, for
accuracy,
legality, or non-infringement, and we
are not
responsible for any Social Network
Content. You
acknowledge and agree that we may access
your
email
address book associated with a Third-Party
Account and your contacts list stored on
your
mobile
device or tablet computer solely for
purposes of
identifying and informing you of those
contacts
who have
also registered to use the Services. You
can
deactivate
the connection between the Services and
your
Third-Party
Account by contacting us using the
contact
information
below or through your account settings
(if
applicable).
We will attempt to delete any
information stored
on our
servers that was obtained through such
Third-Party
Account, except the username and profile
picture
that
become associated with your
account.
13.THIRD-PARTY
WEBSITES AND CONTENT
The
Services
may contain (or you may be sent via the
Site
or App
) links to other websites ("Third-Party Websites") as well as articles,
photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications,
software, and other content or items belonging to or originating from
third
parties (
"Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not
investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and
we are
not responsible for any Third-Party Websites accessed through the
Services or
any Third-Party Content
posted on,
available
through, or installed from the Services, including the content,
accuracy,
offensiveness,
opinions, reliability, privacy practices, or other policies of or
contained in
the Third-Party Websites or
the Third-Party Content.
Inclusion of,
linking
to, or permitting the use or installation of any Third-Party Websites or any
Third-PartyContent does not
imply
approval
or endorsement thereof by us. If you decide to leave the Services and
access the
Third-Party Websites or to
use or
install
any Third-Party Content, you
do so at
your
own risk, and you should be aware these Legal Terms no longer govern.
You should
review
the applicable terms and policies, including privacy and data gathering
practices, of
any website to which you navigate from the Services or relating to any
applications you
use or install from the Services. Any purchases you make through Third-Party Websites will
be
through other
websites and from other companies, and we take no responsibility
whatsoever in
relation
to such purchases which are exclusively between you and the applicable
third
party. You
agree and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and you
shall
hold us
blameless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us blameless from any losses sustained by
you or
harm
caused to you relating to or resulting in any way from any Third-Party Content or any
contact
with
Third-Party Websites.
14.ADVERTISERS
We
allow
advertisers to display their advertisements and other information in
certain
areas of
the Services, such as sidebar advertisements or banner advertisements.
We simply
provide
the space to place such advertisements, and we have no other
relationship with
advertisers.
15.SERVICES
MANAGEMENT
We
reserve the
right, but
not the obligation, to: (1) monitor the Services for violations of these Legal
Terms;
(2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or
these
Legal Terms, including without limitation, reporting such user to law
enforcement
authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to,
limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or
liability,
to remove from the Services or otherwise disable all files and content that are
excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the
Services
in a
manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
16.PRIVACY
POLICY
We
care
about
data privacy and security. Please review our Privacy
Policy:
http://www.youcupon.com/privacy
. By using the Services, you agree to be bound
by our
Privacy
Policy, which is incorporated into these Legal Terms. Please be advised
the
Services are
hosted in the
United
States
. If you access the Services from any
other
region of
the world with laws or other requirements governing personal data
collection,
use, or
disclosure that differ from applicable laws in
the
United
States
, then through your continued use of
the
Services,
you are transferring your data to
the
United
States
, and you expressly consent to have
your data
transferred to and processed in
the
United
States
.
17.COPYRIGHT
INFRINGEMENTS
We
respect the
intellectual property rights of others. If you believe that any material
available on or
through the Services infringes upon any copyright you own or control,
please
immediately
notify us using the contact information provided below (a
"Notification"). A
copy of
your
Notification will be sent to the person who posted or stored the
material
addressed in
the Notification. Please be advised that pursuant to applicable law you
may be
held
liable for damages if you make material misrepresentations in a
Notification.
Thus, if
you are not sure that material located on or linked to by the Services
infringes
your
copyright, you should consider first contacting an attorney.
18.TERM
AND TERMINATION
These
Legal
Terms shall remain in full force and effect while you use the Services.
WITHOUT
LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE
SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR
NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY,
OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION.
WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING,
IN OUR
SOLE DISCRETION.
If
we
terminate
or suspend your account for any reason, you are prohibited from
registering and
creating
a new account under your name, a fake or borrowed name, or the name of
any third
party,
even if you may be acting on behalf of the third party. In addition to
terminating or
suspending your account, we reserve the right to take appropriate legal
action,
including without limitation pursuing civil, criminal, and injunctive
redress.
19.MODIFICATIONS
AND INTERRUPTIONS
We
reserve the
right to change, modify, or remove the contents of the Services at any
time or
for any
reason at our sole discretion without notice. However, we have no
obligation to
update
any information on our Services. We
will not
be
liable to you or any third party for any modification, price change,
suspension,
or
discontinuance of the Services.
We
cannot
guarantee the Services will be available at all times. We may experience
hardware,
software, or other problems or need to perform maintenance related to
the
Services,
resulting in interruptions, delays, or errors. We reserve the right to
change,
revise,
update, suspend, discontinue, or otherwise modify the Services at any
time or
for any
reason without notice to you. You agree that we have no liability
whatsoever for
any
loss, damage, or inconvenience caused by your inability to access or use
the
Services
during any downtime or discontinuance of the Services. Nothing in these
Legal
Terms will
be construed to obligate us to maintain and support the Services or to
supply
any
corrections, updates, or releases in connection therewith.
20.GOVERNING
LAW
These
Legal
Terms and your use of the Services are governed by and construed in
accordance
with the
laws of
the State of Delaware
applicable to agreements made and to be entirely performed within
the State
of
Delaware
,without
regard
to its conflict of law principles.
21.DISPUTE
RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute
through
informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will
be
finally and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT
WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL.
The arbitration shall be commenced
and
conducted
under the Commercial Arbitration Rules of the American Arbitration
Association (
"AAA"
) and, where appropriate, the AAA's Supplementary Procedures for
Consumer
Related
Disputes ("AAA Consumer Rules"), both of which are
available
at the
American
Arbitration
Association (AAA) website. Your arbitration
fees and
your
share of arbitrator compensation shall be governed by the AAA Consumer
Rules
and, where
appropriate, limited by the AAA Consumer Rules.
The
arbitration may be conducted in person, through the submission of
documents, by
phone,
or online. The arbitrator will make a decision in writing, but need not
provide
a
statement of reasons unless requested by either Party. The arbitrator
must
follow
applicable law, and any award may be challenged if the arbitrator fails
to do
so. Except
where otherwise required by the applicable
AAA rules or applicable law, the
arbitration will
take
place in
United States,
Delaware
. Except as otherwise
provided
herein, the
Parties may litigate in court to compel arbitration, stay proceedings
pending
arbitration, or to confirm, modify, vacate, or enter
judgment on the award
entered by
the
arbitrator.
If
for any
reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state
and federal courts
located in
United States,
Delaware
, and the Parties hereby consent to, and waive
all defenses
of lack of personal jurisdiction, and forum non conveniens with
respect
to venue
and jurisdiction in such state and
federal
courts. Application of the
United
Nations
Convention on Contracts for the International Sale of Goods and the
Uniform
Computer
Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute brought
by
either Party
related in any way to the Services be commenced more than
one (1)
years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then
neither
Party will
elect to arbitrate any Dispute falling within that portion of this
provision
found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties
agree to
submit to the personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined
with any
other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on
a
class-action basis or to utilize class action procedures; and
(c) there
is no
right or authority for any Dispute to be brought in a purported representative
capacity
on
behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes
are not
subject
to the above provisions concerning binding arbitration: (a) any Disputes seeking
to
enforce or
protect, or concerning the validity of, any of the intellectual property rights
of a
Party; (b)
any Dispute related to, or arising from, allegations of theft, piracy, invasion
of
privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal
or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within
that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be
decided
by a court of competent jurisdiction within the courts listed for jurisdiction
above,
and the
Parties agree to submit to the personal jurisdiction of that court.
22.CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information.
We
reserve the right to correct any errors, inaccuracies, or omissions and to
change or
update the
information on the Services at any time, without prior notice.
23.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE
FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN
CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE
IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF
THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED
TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY
DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE
SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED
THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY
BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE
SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND
MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY
CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE,
OR ANY
WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL
NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU
AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT
OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
24.LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD
PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR
PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER
DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING
TO THE
CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY
CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF
THE
ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF
ANY, BY
YOU TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS
DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25.INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) your Contributions;
(2) use of the
Services; (3) breach of these
Legal Terms;
(4) any breach of your
representations and
warranties set forth in these Legal Terms; (5) your violation of the
rights of
a third
party, including but not limited to intellectual property rights; or
(6) any overt harmful act
toward any
other
user of the Services with whom you connected via the Services.
Notwithstanding
the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to indemnify
us, and
you
agree to cooperate, at your expense, with our
defense
of such claims. We will
use
reasonable
efforts to notify you of any such claim, action, or proceeding which is
subject
to this
indemnification upon becoming aware of it.
26.USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Services. You
agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
27.ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to
receive
electronic
communications, and you agree that all agreements, notices, disclosures,
and
other
communications we provide to you electronically, via email and on the
Services,
satisfy
any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO
THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US
OR VIA THE SERVICES. You hereby waive any rights or requirements under
any
statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require
an
original signature or delivery or retention of non-electronic records,
or to
payments or
the granting of credits by any means other than electronic means.
28.CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
29.MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire
agreement and understanding between you and us. Our failure to exercise
or
enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such
right or
provision. These Legal Terms operate to the fullest extent permissible
by law.
We may
assign any or all of our rights and obligations to others at any time.
We shall
not be
responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause
beyond our reasonable control. If any provision or part of a provision
of these
Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or
part of
the provision is deemed severable from these Legal Terms and does not
affect the
validity and enforceability of any remaining provisions. There is no
joint
venture,
partnership, employment or agency relationship created between you and
us as a
result of
these Legal Terms or use of the Services. You agree that these Legal
Terms will
not be
construed against us by virtue of having drafted them. You hereby waive
any and
all defenses
you may have based on the electronic form of these Legal Terms
and the
lack of
signing by the parties hereto to execute these Legal Terms.
30.CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact
us
at:
AppFinca inc.
16192 Coastal Highway
Lewes
, DE
19958
United States
support@youcupon.com