New Site
CyberCoupons
Subscribe
 
Select Your City

Welcome to CyberCoupons & Opt-In Rewards!

CyberCoupons.com provides its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.

Outline:

1.       Your Acceptance of the Terms

2.       Electronic Communication

3.       Your Privacy

4.       Certain Conditions Placed on Your Use of the Sites and Services

5.       Your Account

6.       Deals/Coupon Offers

7.       Additional Deal Terms

8.       How it Works

9.       Deal/Coupon Offer Value and The “Fine Print”

10.   Vouchers/Coupon Offers

11.   Expiration Dates

12.   Date-Specific Deals/Coupon Offers

13.   Refunds

14.   Merchant is the Issuer

15.   Deal/Coupon Offer Availability

16.   Pricing Information

17.   Getting Your Deal/Coupon Offer For Free

18.   Other Services

19.   Share with Friends Program

20.   Ownership of the Sites and Services

21.   Copyright/Trademarks

22.   Your Access to the Sites and Services

23.   Third-Party Links and Contents

24.   Information and Content Submitted by You

25.   Product Submissions

26.   Termination

27.   Exclusion of Warranties

28.   Limitations of Liability

29.   Arbitration of Disputes

30.   Indemnity, Reservation of Right, Release

31.   Applicable Law

32.   Copyright Notice-Digital Millennium Copyright Act

33.   Entire Agreement, Changes to this Agreement and Waivers

34.   General Terms

35.   Additional Terms

36.  Addendum  A - Additional Terms for a Merchant who uses CyberCoupons Rewards Application from Clover

 

1. Your Acceptance of the Terms

The “Terms” consist of these Conditions of Use, the CyberCoupons Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by CyberCoupons at www.CyberCoupons.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (each a “Site”), and all products or services accessed through the Sites (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and CyberCoupons and its successors, subsidiaries, affiliates and family of brands (“CyberCoupons,” “we,” “us” and/or “our”). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable laws.

2. Electronic Communication

The communications between you and CyberCoupons are electronic. You consent to receive communications from CyberCoupons in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. Your Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. Except as provided below, CyberCoupons will not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content outside of Opt-In Media  & Cybercoupons, and its controlled subsidiaries and affiliates without your explicit permission. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.

4. Certain Conditions Placed on Your Use of the Sites and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

·         are 18 years of age or older;

·         will comply with these Terms;

·         are able to form a binding contract with us;

·         are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;

·         are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;

·         will not impersonate another user of the Sites and/or Services.

·         will abide by local, state, federal laws

5. Your Account

You will need to register by creating an account with CyberCoupons (either by registering directly with us or by allowing a CyberCoupons applications to connect through your Facebook profile) (an “Account”) in order to obtain access to certain services, including Deals/Coupon Offers. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID” and a password set and maintain by you). 

Access to the CyberCoupons Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized uses. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by CyberCoupons may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

CyberCoupons relies on User ID’s and or associated tokens to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.  Please see our Privacy Policy for the use of your profile information.

 

6. Deals /Coupon Offers

CyberCoupons provides consumers with opportunities to purchase certain products and services (each a “Deal/Coupon Offer,” and collectively, “Deals/Coupon Offers”) from third-party merchants (each referred to as the “Merchant”), except as otherwise expressly identified, using a time-limited promotional Voucher/Coupon Offer exchangeable for Merchant goods and services (a “Voucher/Coupon Offer”). The promotion of each Deal/Coupon Offer works as a form of advertisement for the Merchant by CyberCoupons.

By purchasing, printing, accepting, using or attempting to use any Voucher/Coupon Offer, you agree to these Terms, the fine print identified in the Deal/Coupon Offer copy (defined below) and/or any additional deal/Coupon Offer-specific terms related to the Deal/Coupon Offer at the time of purchase. These Terms apply to all Vouchers/Coupon Offers, unless the Fine Print on a particular Voucher/Coupon Offer states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher/Coupon Offer, the Fine Print will control, except to the extent prohibited by applicable law.

 

 7. Additional Deal/Coupon Offer Terms

Some categories of Deal/Coupon Offers have special terms that vary from the general deal terms stated in this agreement. These special terms which are set forth in rules. Any other varying terms for specific Deal/Coupon Offers will be set forth in the Fine Print (FP) of our Deal/Coupon offers and on Voucher/Coupon Offers.

8. How it Works

By placing an order for a given Deal/Coupon Offer, you are agreeing to purchase the Deal/Coupon Offer you have selected on the terms, restrictions and conditions associated with the Deal/Coupon Offer. Once you have placed your order, you will receive a confirmation of the Deal/Coupon Offer and your credit card or other payment mechanism will be charged for the amount of the Deal/Coupon Offer. We will notify you by email when the Voucher/Coupon Offer for the Deal/Coupon Offer is ready to be used and it will also be displayed on your account and once obtained stored on your loyalty card or phone application. You are required to create an Account in order to purchase any Deal/Coupon Offer so we can collect information to allow you to pay for your Deal/Coupon Offers and so we can provide you with easy access to print/display your Deal/Coupon Offers, view your past purchases and modify your preferences and see how much you’ve saved.

9. Deal/Coupon Offer Value and the “Fine Print”

In addition to the terms set forth herein, each Deal/Coupon Offer comes with its own set of restrictions, terms and conditions (collectively referred to as the “Fine Print (FP)”, whether or not they are expressly labeled as such on a Voucher/Coupon Offer). The FP may restrict things such as when or where you can redeem a Voucher/Coupon Offer, as well as other Deal/Coupon Offer -specific limitations, so always read carefully.

Most Vouchers/Coupon Offers combine two separate portions that make up the Deal/Coupon Offer:

(i) a paid portion equal to the amount you paid for the Deal/Coupon Offer (the "Paid Portion"); and

(ii) at no additional charge to you, a time-sensitive promotional deal offer portion for the balance of the value of the Deal/Coupon Offer if used by the promotional expiration date on the Voucher/Coupon Offer (the "Promotional Offer Portion -POP").

10. Vouchers/Coupon Offers

Unless otherwise stated on the Voucher/Coupon Offer or required by law, the following additional terms apply to all Vouchers/Coupon Offers

Vouchers/Coupon Offers must be redeemed in their entirety in one visit to a Merchant.

For Vouchers/Coupon Offers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.

Vouchers/Coupon Offers are not redeemable for cash.

Use of a Voucher/Coupon Offer for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.

Vouchers/Coupon Offers cannot be combined with any other coupons or promotions unless specifically stated on the Voucher/Coupon offer.  Example would be a park and dine Voucher/Coupon Offer.

Vouchers/Coupon Offers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.

Neither CyberCoupons nor the Merchant is responsible for lost or stolen Voucher/Coupon Offer or Voucher/Coupon Offer reference numbers.

Duplicate use, sale or trade of a Voucher/Coupon Offer is prohibited.

Unless otherwise stated in the Fine Print, the Voucher/Coupon Offer price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher/Coupon Offer.

11. Expiration Dates

The Promotional Portion of the Voucher/Coupon Offer will always expire on the date printed on the Voucher/Coupon Offer. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher/Coupon Offer will expire five (5) years from the date that the Voucher/Coupon Offer was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher/Coupon Offer beyond five years, in which case the Paid Portion of the Voucher/Coupon Offer will expire in accordance with the applicable law.

12. Date-Specific Deals/Coupon Offers

Sometimes we offer Deals/Coupon Offers that are date-specific, such as a Deal/Coupon Offer for tickets to an event or a Deal/Coupon Offer where you select a specific day(s) to stay at a hotel (“Date-Specific Deal/Coupon Offers”). Usually this means that the Voucher/Coupon Offer can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher/Coupon Offer. In either case, the date you select will be identified on the Voucher/Coupon Offer, and you can only redeem the Voucher/Coupon Offer on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher/Coupon Offer. You may not reschedule a Date-Specific Deal/Coupon Offer for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal/Coupon Offer on the date specified on the Voucher/Coupon Offer. If for some reason the Date-Specific Deal/Coupon Offer is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal/Coupon Offer is rescheduled, our email to you will include the new date for the Date-Specific Deal/Coupon Offer. If you cannot make the new date for the Date-Specific Deal/Coupon Offer, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Deal/Coupon Offer is canceled and will not be rescheduled, we will automatically refund you the paid portion of the Voucher/Coupon Offer via credit card or other payment mechanism used at the time of purchase.

13. Refund Policy

This Policy is Effective for all Deals purchased on February 21, 2014 and beyond.
It’s important to us that you are completely satisfied with your CyberCoupons Deal, Voucher/Coupon Offer. This page summarizes current refund policies in effect. We always want you to be happy with your CyberCoupons experience. If you have trouble redeeming your Voucher/Coupon Offer for any reason, please contact us at http://cybercoupons.com/wa/contact.asp so we can work with the Merchant to fix your issue.

Redeeming Voucher/Coupon Offer

The Refund policy for any Deal, Voucher/Coupon Offer has a link stated on the Voucher/Coupon Offer at the time of purchase. If you have trouble redeeming Your Voucher/Coupon Offer for any reason, please contact us at http://help.CyberCoupons.com/contact_us so we can work with the Merchant to resolve your issue.

Refunding Voucher/Coupon Offer

The Refund policy for any Deal, Voucher/Coupon Offer has a link stated on the Voucher/Coupon Offer at the time of purchase.  If you change your mind about any Voucher/Coupon Offer you purchased and would like a refund, you can just click “Ask for a Refund”.  In the email subject line type in the word “Refund”, and in the body of the email include from the Voucher/Coupon Offer it’s thirteen digit barcode number and the six digit coupon code in the body of the text and the date you purchased it or call our customer service line at 253-333-6784. The refund amount is for the Paid Portion of any unredeemed Voucher. For time events such as a movie, show, concert, race, etc. Once the date has passed no refunds will be issued.
Special Deals
From time to time we may offer “Special Deals” that because of the nature of the Deal require a special refund policy. Any modifications to the refund policy will be stated in the Fine Print for such Deals. Please remember, as with all Deal specifics, if a different refund time frame than set forth above is stated in the Fine Print, the policy stated in the Fine Print will control.

14. Merchant is the Issuer

The Merchant is the issuer of the Voucher/Coupon Offer and is solely responsible for redeeming the Voucher/Coupon Offer. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher/Coupon Offer or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers/Coupon Offers. Unless otherwise indicated in a Deal/Coupon Offer or other offer, CyberCoupons is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher/Coupon Offer management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release CyberCoupons and its subsidiaries, affiliates, partners, officers, directors, employees, representatives, and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher/Coupon Offer or the products and/or services it provides in connection with it.

15. Deal/Coupon Offer Availability

Some Deals/Coupon Offers are not available for purchase beyond certain geographical and jurisdictional boundaries. CyberCoupons reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher/Coupon Offer, the Sites, the Services or any other product or service. CyberCoupons does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals/Coupon Offers are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers/Coupon Offers specified for a particular Deal/Coupon Offer, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.

16. Pricing Information

We display discounts on our Sites in connection with each Deal/Coupon Offer. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

Pricing Error Policy

CyberCoupons knows that from time to time Merchants make mistakes when creating a Voucher/Coupon Offer to display on their website in the form of a deal, Voucher/Coupon Offer.  If the pricing information is incorrect or misstated the Merchant does not have to honor the mistaken price advertised and the Merchant has the right to not honor the coupon.  Furthermore; CyberCoupons does not condone fraud or allow Merchants to advertise false pricing to get customers to buy their products and services as this practice is illegal and the consumer is protected under the laws of the US Federal Government’s Federal Trade Act, Bait and Switch Policy Protocol, December 10, 1975; Guides Against Bait Advertising, 16 C.F.R. 238.0 (1967). 32 PR 15,540.

 

 

17. Getting Your Deal/Coupon Offer For Free

After you buy a Deal/Coupon Offer, the opportunity to get a Free Deal/Coupon offer may be available and may be time-limited as well as subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of the opportunity for a free Deal Voucher/Coupon Offer.

.

18. Other Services

In addition to our great Deals/Coupon Offers, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms. Services include but are not limited to; CyberTV.tv, ShopCyberCoupons.com & CyberCoupons Magazine.

19. Share with Friends Program

We may from time to time offer you (and your friends) the opportunity to obtain time-limited promotional codes for discounts or credits to CyberCoupons ("Promo Codes") by referring your friends to the Sites through our “Share with Friends Program (the “SWF Program”). To participate in the SWF Program, we may ask you to refer friends by various means that may include distributing your own personalized signup links, or directly providing us with the email addresses of the friends you wish to share with us. If an email is provided, we will then send your friends an email. The email or signup page linked from personalized link will explain the SWF Program; invite them to sign up with CyberCoupons. The specific terms of each SWF program opportunity may differ and will be identified at the time of activation. Sharers may earn free Deal/Coupon Offers as promotions are published. Promotion codes will be time-limited, may be subject to additional use limitations, and have no cash value.

 

Remember that Promotion Codes are currency-specific. So, you (and your friends) can only redeem Promotion Codes on Deals/Coupon Offers that accept the currency of the home account to which the Promotion Codes are issued. Under the SWF Program, Promotion Codes are issued in the currency of the Sharing person’s home account (i.e. the currency of the country where the Sharing person made their first purchase or first subscribed to CyberCoupons). Consequently, any Promotion Codes issued under the SWF Program can only be used on Deals/Coupons Offers that accept the currency of the sharing person’s home account. CyberCoupons reserves the right to change, modify and/or discontinue the SWF Program, in whole or in part, in its sole discretion, at any time and without notice.

20. Ownership of the Sites and Services

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by CyberCoupons, its subsidiaries or affiliates.

21. Copyright/Trademarks

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, CyberCoupons owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “CyberCoupons,” which appear on the Sites and/or in the Services are the service and trademarks of CyberCoupons or affiliated entities. Without CyberCoupons’ prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any Meta Tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to CyberCoupons or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of CyberCoupons, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

22. Your Access to the Sites and Services

Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:

·         any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;

·         any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to CyberCoupons or the Merchants featured hereunder or any commercial purpose, including marketing;

·         any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;

·         deep-linking to any portion of the Site;

·         framing or utilizing framing techniques to enclose any portion of the Site without express written consent;

·         using the Sites and/or the Services to access or collect any personally   information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

·         attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights to;

·         using the Site and/or Services to generate unsolicited email advertisements or spam; or

·         using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.

Any unauthorized use of the Sites, Services, its Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of CyberCoupons.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

23. Third-Party Links and Contents

Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.

Your communication with and business dealings with other found on or through the sites and/or services, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third-party. CyberCoupons encourages you to review all policies, rules, terms and regulations, including the privacy policies and terms of use of each and any third-party site that you go to.

24. Information and Content Submitted by You

The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. CyberCoupons reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of CyberCoupons.

If you do post User Content or submit material, and unless we indicate otherwise, you grant CyberCoupons a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant CyberCoupons and our sub licensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify CyberCoupons for all claims resulting from User Content you supply. CyberCoupons takes no responsibility and assumes no liability for any User Content posted by you or any third party.

25. Product Submissions

CyberCoupons does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of CyberCoupons (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to CyberCoupons through the Sites, by email, text message, telephonic, or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to CyberCoupons the irrevocable right and license to the submission as if it were User Content as specifically set forth above.

 

26. Termination

If you want to terminate your legal Agreement with CyberCoupons, you may do so by:

(A) notifying CyberCoupons at contact@CyberCoupons.com or

(B) closing your Accounts for all of the Services that you use.

CyberCoupons may, at any time, terminate this Agreement with you if:

(i) You have breached any provision of this Agreement or you do not comply with the Agreement;

 (ii) CyberCoupons is required by law to do so;

(iii) the partner with whom CyberCoupons has offered the Services to you has terminated its relationship with CyberCoupons or ceased to offer the Services to you;

(iv) CyberCoupons no longer provides Services in the country in which you reside; or

(v) CyberCoupons determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, CyberCoupons reserves the right to discontinue any product or service at any time and at its sole discretion.

Without limiting any of the foregoing, CyberCoupons may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which CyberCoupons, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher/Coupon Offer issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher/Coupon Offer. These Terms will survive termination of this Agreement.

27. Exclusion of Warranties

WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. WE MAK NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GURANTEES OF ANY KIND ABOT THE SITES, SERVICES OR ANY THIRD-PARTY PORDUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING.

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CYBERCOUPONS’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERCOUPONS AND OUR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT:

(A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS;

(B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR;

(C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR

(D) ELECTRONIC COMMUNICATIONS SENT FROM CYBERCOUPONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CYBERCOUPONS REPRESENTATIVE SHALL CREATE A WARRANTY.

28. Limitations of Liability

SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYBERCOUPONS, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

 (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR

(B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE CYBERCOUPONS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.

29. Arbitration of Disputes Governed By Arbitration

Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your purchase or redemption of a Voucher/Coupon Offer or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act of 1925 and its amendments.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered representative. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and CyberCoupons may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or CyberCoupons shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or CyberCoupons customer.

 

We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Washington, State.

 

Contact information for CyberCoupons’s Registered Representative for Disputes/Arbitration is as follows:

 

Opt-In Media Corporation dba CyberCoupons

Attn: DMCA/Copyright Representative

PO Box 615

Auburn, WA 98071

Attention: copyright@CyberCoupons.com

 

30. Indemnity, Reservation of Right, Release

You agree to defend, indemnify and hold harmless CyberCoupons and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from:

 (i) your use of and access to CyberCoupons;

 (ii) your violation of any term of these Terms or this Agreement;

 (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or

(iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

 

CyberCoupons reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), 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."

31. Applicable Law

By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and CyberCoupons that arises out of this Agreement shall be governed by the laws of the State of Washington and Washington, DC without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act of 1925 and its amendments.

 

32. Copyright Notice-Digital Millennium Copyright Act of 1998 and its Amendments

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's representative and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright representative with the following information in writing:

(i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work(s) claimed to have been infringed;

 (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;

(iv) Your contact information, including an address, telephone number and, if available, an e-mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its representative or the law; and

(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for CyberCoupon’s Copyright representative for notice of claims of copyright infringement is as follows:

 

Opt-In Media Corporation dba CyberCoupons

Attn: DMCA/Copyright Representative

PO Box 615

Auburn, WA 98071

Attention: copyright@CyberCoupons.com

 

33. Entire Agreement, Changes to this Agreement and Waivers

These Terms, together with the Privacy Policy, and any other legal notices published by CyberCoupons on the Sites, Services or any Voucher/Coupons Offer, shall constitute the entire agreement between you and CyberCoupons concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Vouchers/Coupons Offers purchased prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Vouchers/Coupons Offers purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of CyberCoupon’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of CyberCoupons. No purported waiver or modification of this Agreement by CyberCoupons via telephonic or email communications shall be valid.

 

 

34. General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

YOU AND CYBERCOUPONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CYBERCOUPONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of these Sites and/or Services immediately.

 

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

 

35. Additional Terms

Below are additional terms applicable to your use of and access to the Sites and certain Services offered by CyberCoupons or its third party partners or affiliates through CyberCoupons.com:

·         CyberCoupons.com

·         ShopCyberCoupons.com

·         CyberTV.tv

·         Cybercoupons Magazine

·         Deals/Coupons Offers

·         Vouchers/Coupons Offers 

36. Addendum  A - Additional Terms for a Merchant who uses CyberCoupons Rewards Application from Clover

·         Reasonable advance notice will be provided to current subscribers of an app before you cease making services available through your app, you take down an app or remove it from current distribution due to: (a) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party, (b) an allegation or actual defamation, (c) an allegation or determination that an app does not comply with applicable law, (d) you ceasing to do business, or (e) you filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay your debts as they become due.

·         An app may be removed at any time from the App Market if it is determined that the app: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iii) violates the Clover App Market Developer Program Policies; (iv) is being distributed in a manner that is in breach of the Clover Developer Terms; (v) may create liability for Clover; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on Clover's systems.

·         If you offer an auto--‐recurring monthly subscription for your App, a subscriber may cancel their subscription at any time before the end of the applicable billing cycle, and upon cancellation, the subscriber will: (i) not receive a refund for the billing period during which the subscriber cancels its subscription, and (ii) be able to access its subscription and receive issues and updates of the relevant subscription until the subscription termination date.

·         Clover, on [Developer’s] behalf, may refund the full purchase or subscription price of an app to a subscriber if: (i) an app does not function properly; or (ii) a subscriber requests a refund from Clover, as your agent, within a reasonable time period.

·         Clover and its affiliates do not have any responsibility or liability to a subscriber of an app in any way with respect to the subscriber’s use of an app.

 

© Opt-In Media dba CyberCoupons– Last updated: January 2017

 

 

activate card | rules | our program | privacy policy | terms and conditions | fundraising | contact | employment | about us | FAQ
© 2017 Opt-In Media Corp., All Rights Reserved. For More Information Call: 253.333.6784