Terms of use
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE AND SERVICE OFFERED BY COUPONBANKER. DO NOT ACCESS OR OTHERWISE USE THE SERVICE OR SOFTWARE OFFERED HEREIN IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACCESSING OR OTHERWISE USING ANY PART OF COUPONBANKER’S SOFTWARE OR SERVICE INDICATES ACCEPTANCE AND AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
NXTWAV LLC (“CouponBanker,” “we,” “us,” or “our”) own or license all right, title, and interest in and to the website located at www.CouponBanker.com (the “Website”) and any related software, service and/or mobile application available thereon (the “App,” and collectively with the Website, the “Services”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Services. All references to “you” or “your” refer to you and the entity on behalf of which you use the Services.
From time to time, CouponBanker may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or (b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.
You should also review our Privacy Policy https://www.CouponBanker.com/privacy, the terms of which are incorporated herein by reference and made a part of this Agreement.
1. SITE IS A VENUE
The Service is a platform for enabling the connection between individuals who are seeking to share, swap or transfer merchant coupons or merchant credits. The Service is merely a venue through which CouponBanker’s users contract between themselves and, as such, CouponBanker does not have any control over the quality, timing or legality of coupons actually requested or delivered by its users. You agree to make your own decisions and assessments about whether to participate in any merchant offering. In no way is CouponBanker endorsing any of the products or services for which merchant coupons are available through the Services. CouponBanker does not independently verify any of the offerings made by a merchant user. ALL TRADING OF COUPONS AND PURCHASES OF PRODUCTS AND SERVICES USING COUPONS OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK.
Merchants and users must deal directly with each other to resolve any disputes between them. CouponBanker will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any merchants and/ or users.
2. OWNERSHIP
CouponBanker and its licensors own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, production, selection and arrangement thereof (collectively, the “CouponBanker Material”). We may incorporate third party software (including open source software) as part of the Services, and all such third party software is subject to additional terms (if any) provided by the third party licensor. The names, marks, and logos appearing in the Services other than User Content (collectively, the “Trademarks”) are owned by or licensed to CouponBanker and are used with permission of the owner. The CouponBanker Materials are protected by trademark, copyright, and other intellectual property laws. CouponBanker requires you to respect the intellectual property rights that we have in the CouponBanker Material and in the Trademarks.
You acknowledge CouponBanker’s proprietary rights in the Service and associated documentation and shall protect the proprietary nature thereof. If you suggest any new features, functionality or performance for the Service that CouponBanker subsequently incorporates into the Service (or any other software or service), you hereby acknowledges that (i) CouponBanker shall own, and has all rights to use, such suggestions and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of CouponBanker and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon CouponBanker.
3. LICENSE
CouponBanker hereby grants you a limited, non-exclusive, revocable, non-sublicenseable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. If you are a merchant subscriber to our fee-based Services, then this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of the CouponBanker Material. This license does not give you any ownership or intellectual property interest in any CouponBanker Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any CouponBanker Material. All rights not expressly granted to you under this Agreement are reserved by CouponBanker.
4. USER IDS
In order to create an account to use the Service, you may be required to create a unique identification name and password for access to and use of the Service (“User ID”) and to provide CouponBanker with personal information, including contact information, and username and password in order to do so. If your information changes, you must notify CouponBanker promptly to keep such information current. You shall be solely responsible for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any transactions under your User ID will be deemed to have been performed by you. Use of any User ID other than as provided in this Agreement shall be considered a breach of this Agreement by you.
5. PERSONAL INFORMATION
You may be required to submit information that is personal or which identifies you such as your name, physical address, e-mail address, telephone numbers and other personal information (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy https://www.CouponBanker.com/privacy.
6. USER CONTENT
You may submit, to CouponBanker via the Services, photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials, including, without limitation, merchant coupons that are eligible through the Service (collectively, “User Content”). By uploading or submitting any User Content to CouponBanker, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to CouponBanker, you grant CouponBanker a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate and distribute the User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you, for the purpose of advertising or otherwise providing the Services.
ALL USER CONTENT IS PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND FROM COUPONBANKER.
7. ANALYTICS
The Service contains software (“Analytics Code”) to track, capture and aggregate data and its users data and use of the Service. CouponBanker owns all rights in and to the Analytics Code and nothing in this Agreement shall be deemed an assignment or transfer of CouponBanker’s ownership rights in the Analytics Code to you. Through such Analytics Code, CouponBanker may collect information about users in order to provide the Service, prepare and analyze statistics, produce reports and improve and customize the Service. Subject to the level of Service package purchased through CouponBanker, if applicable CouponBanker shall provide a merchant user with data analytics and customer intelligence. CouponBanker has the right to use the data in accordance with and subject to the terms of this Agreement. You hereby grant CouponBanker a worldwide, non-exclusive, perpetual, royalty-free license to: (i) collect and analyze information about your use of the Service; (ii) generate statistics and produce reports based on such information; and (iii) make recommendations for improving and customizing Service according to your preferences, statistics and usage activities.
8. CHILDREN’S PRIVACY
The Services are not designed for or targeted to children under the age of 13, and CouponBanker will never knowingly solicit or collect the Personal Information of a child under the age of 13. If we discover that Personal Information of a child under the age of 13 has been submitted without verifiable parental consent, we will immediately delete such Personal Information.
9. PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
CouponBanker reserves the right to investigate and take appropriate legal action against anyone who, in CouponBanker’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
10. CONDUCT WITHIN PUBLIC AREAS OF SITE.
(a) The Service may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other users (the “Public Areas”). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Area. CouponBanker has no obligation to monitor the Public Areas, provided, however, CouponBanker reserves the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason and in our sole discretion. CouponBanker reserves the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications posted in the Public Areas by other users are not controlled or endorsed by CouponBanker, and such communications shall not be considered reviewed, screened or approved by CouponBanker. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their respective authors. CouponBanker specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.
(b) You acknowledge and agree that your communications with other users via the Public Area or otherwise are public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, COUPONBANKER STRONGLY ENCOURAGES YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. CouponBanker is not responsible for information that you choose to communicate via the Public Areas, or for the actions of other users.
11. TERMINATION
CouponBanker may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. CouponBanker reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including, but not limited to, your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the CouponBanker Material and obligates you to immediately destroy any copies of the CouponBanker Material in your possession.
12. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SERVICES AND THE COUPONBANKER MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COUPONBANKER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.
CouponBanker Material and User Content may contain inaccurate or out-of-date information or typographical or spelling errors. CouponBanker does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any CouponBanker Material and User Content; or (ii) any results to be obtained from using the Services or relying on the CouponBanker Material and/or the User Content.
CouponBanker does not warrant that: (i) the quality of any information, products, services, or other material that you obtain from the Services will meet your expectations; (ii) the Services will operate uninterrupted and error-free; (iii) the Services will be free of viruses, worms or other harmful material; or (iv) the Services will operate in perpetuity.
CouponBanker shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond CouponBanker’s control. You acknowledge that the performance of certain of CouponBanker’s obligations may require the cooperation of third parties designated by you and outside the control of CouponBanker In the event such third parties fail to cooperate with CouponBanker in a manner that reasonably permits CouponBanker to perform its obligations, such failures shall be consider as causes beyond the control of the CouponBanker for the purposes of this Section and shall not be the basis for a determination that CouponBanker is in breach of any of its obligations under this Agreement or is otherwise liable.
13. LIMITATION OF LIABILITY
YOU USE THE SERVICES AND THE COUPONBANKER MATERIAL IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COUPONBANKER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT WILL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO A CLAIM ARISING HEREUNDER OR, IF YOU ARE NOT A PAID USER OF THE SERVICES, THEN TEN DOLLARS ($10).
COUPONBANKER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. COUPONBANKER IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.
14. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CouponBanker and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services or the CouponBanker Material; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
16. GOVERNING LAW; ARBITRATION
This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of Montana without regard to the conflict of law provisions thereof. You hereby waive any right to bring any claim against CouponBanker in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You also waive any right you may have to start or participate in, and agrees to opt out of, any class action against CouponBanker arising from or relating to the Service or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Billings, Montana and the language of such arbitration shall be English. CouponBanker may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect CouponBanker’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
17. GENERAL PROVISIONS
CouponBanker’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
CouponBanker may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of CouponBanker.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and CouponBanker with respect to your use of the Services.
Last updated: March, 2023
NXTWAV LLC (“CouponBanker,” “we,” “us,” or “our”) own or license all right, title, and interest in and to the website located at www.CouponBanker.com (the “Website”) and any related software, service and/or mobile application available thereon (the “App,” and collectively with the Website, the “Services”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Services. All references to “you” or “your” refer to you and the entity on behalf of which you use the Services.
From time to time, CouponBanker may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or (b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.
You should also review our Privacy Policy https://www.CouponBanker.com/privacy, the terms of which are incorporated herein by reference and made a part of this Agreement.
1. SITE IS A VENUE
The Service is a platform for enabling the connection between individuals who are seeking to share, swap or transfer merchant coupons or merchant credits. The Service is merely a venue through which CouponBanker’s users contract between themselves and, as such, CouponBanker does not have any control over the quality, timing or legality of coupons actually requested or delivered by its users. You agree to make your own decisions and assessments about whether to participate in any merchant offering. In no way is CouponBanker endorsing any of the products or services for which merchant coupons are available through the Services. CouponBanker does not independently verify any of the offerings made by a merchant user. ALL TRADING OF COUPONS AND PURCHASES OF PRODUCTS AND SERVICES USING COUPONS OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK.
Merchants and users must deal directly with each other to resolve any disputes between them. CouponBanker will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any merchants and/ or users.
2. OWNERSHIP
CouponBanker and its licensors own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, production, selection and arrangement thereof (collectively, the “CouponBanker Material”). We may incorporate third party software (including open source software) as part of the Services, and all such third party software is subject to additional terms (if any) provided by the third party licensor. The names, marks, and logos appearing in the Services other than User Content (collectively, the “Trademarks”) are owned by or licensed to CouponBanker and are used with permission of the owner. The CouponBanker Materials are protected by trademark, copyright, and other intellectual property laws. CouponBanker requires you to respect the intellectual property rights that we have in the CouponBanker Material and in the Trademarks.
You acknowledge CouponBanker’s proprietary rights in the Service and associated documentation and shall protect the proprietary nature thereof. If you suggest any new features, functionality or performance for the Service that CouponBanker subsequently incorporates into the Service (or any other software or service), you hereby acknowledges that (i) CouponBanker shall own, and has all rights to use, such suggestions and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of CouponBanker and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon CouponBanker.
3. LICENSE
CouponBanker hereby grants you a limited, non-exclusive, revocable, non-sublicenseable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. If you are a merchant subscriber to our fee-based Services, then this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of the CouponBanker Material. This license does not give you any ownership or intellectual property interest in any CouponBanker Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any CouponBanker Material. All rights not expressly granted to you under this Agreement are reserved by CouponBanker.
4. USER IDS
In order to create an account to use the Service, you may be required to create a unique identification name and password for access to and use of the Service (“User ID”) and to provide CouponBanker with personal information, including contact information, and username and password in order to do so. If your information changes, you must notify CouponBanker promptly to keep such information current. You shall be solely responsible for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any transactions under your User ID will be deemed to have been performed by you. Use of any User ID other than as provided in this Agreement shall be considered a breach of this Agreement by you.
5. PERSONAL INFORMATION
You may be required to submit information that is personal or which identifies you such as your name, physical address, e-mail address, telephone numbers and other personal information (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy https://www.CouponBanker.com/privacy.
6. USER CONTENT
You may submit, to CouponBanker via the Services, photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials, including, without limitation, merchant coupons that are eligible through the Service (collectively, “User Content”). By uploading or submitting any User Content to CouponBanker, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to CouponBanker, you grant CouponBanker a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate and distribute the User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you, for the purpose of advertising or otherwise providing the Services.
ALL USER CONTENT IS PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND FROM COUPONBANKER.
7. ANALYTICS
The Service contains software (“Analytics Code”) to track, capture and aggregate data and its users data and use of the Service. CouponBanker owns all rights in and to the Analytics Code and nothing in this Agreement shall be deemed an assignment or transfer of CouponBanker’s ownership rights in the Analytics Code to you. Through such Analytics Code, CouponBanker may collect information about users in order to provide the Service, prepare and analyze statistics, produce reports and improve and customize the Service. Subject to the level of Service package purchased through CouponBanker, if applicable CouponBanker shall provide a merchant user with data analytics and customer intelligence. CouponBanker has the right to use the data in accordance with and subject to the terms of this Agreement. You hereby grant CouponBanker a worldwide, non-exclusive, perpetual, royalty-free license to: (i) collect and analyze information about your use of the Service; (ii) generate statistics and produce reports based on such information; and (iii) make recommendations for improving and customizing Service according to your preferences, statistics and usage activities.
8. CHILDREN’S PRIVACY
The Services are not designed for or targeted to children under the age of 13, and CouponBanker will never knowingly solicit or collect the Personal Information of a child under the age of 13. If we discover that Personal Information of a child under the age of 13 has been submitted without verifiable parental consent, we will immediately delete such Personal Information.
9. PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
- criminal or tortious activity, committing fraud or conspiracy, sending sexually-explicit images or obscene materials, gambling, harassment, threatening, stalking, spamming, sending of viruses or other harmful files, intellectual property infringement or trade secret theft, or sending hateful, insulting or discriminatory materials, messages or content;
- using any information contained in the Services for purposes of constructing a competing service or otherwise diminishing the value of the Service;
- web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, CouponBanker Material or other proprietary information of CouponBanker or its licensors and suppliers;
- any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services;
- removing copyright, trademark or other proprietary rights notices contained in or on the Services;
- using robots, spiders, or other automated devices to retrieve or index any portion of the Services;
- attempting to impersonate another person or entity;
- using any information obtained from the Services to harass, abuse, discriminate against or harm another person; or
- using the Services in a manner inconsistent with applicable laws and regulations.
CouponBanker reserves the right to investigate and take appropriate legal action against anyone who, in CouponBanker’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
10. CONDUCT WITHIN PUBLIC AREAS OF SITE.
(a) The Service may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other users (the “Public Areas”). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Area. CouponBanker has no obligation to monitor the Public Areas, provided, however, CouponBanker reserves the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason and in our sole discretion. CouponBanker reserves the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications posted in the Public Areas by other users are not controlled or endorsed by CouponBanker, and such communications shall not be considered reviewed, screened or approved by CouponBanker. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their respective authors. CouponBanker specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.
(b) You acknowledge and agree that your communications with other users via the Public Area or otherwise are public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, COUPONBANKER STRONGLY ENCOURAGES YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. CouponBanker is not responsible for information that you choose to communicate via the Public Areas, or for the actions of other users.
11. TERMINATION
CouponBanker may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. CouponBanker reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including, but not limited to, your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the CouponBanker Material and obligates you to immediately destroy any copies of the CouponBanker Material in your possession.
12. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SERVICES AND THE COUPONBANKER MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COUPONBANKER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.
CouponBanker Material and User Content may contain inaccurate or out-of-date information or typographical or spelling errors. CouponBanker does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any CouponBanker Material and User Content; or (ii) any results to be obtained from using the Services or relying on the CouponBanker Material and/or the User Content.
CouponBanker does not warrant that: (i) the quality of any information, products, services, or other material that you obtain from the Services will meet your expectations; (ii) the Services will operate uninterrupted and error-free; (iii) the Services will be free of viruses, worms or other harmful material; or (iv) the Services will operate in perpetuity.
CouponBanker shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond CouponBanker’s control. You acknowledge that the performance of certain of CouponBanker’s obligations may require the cooperation of third parties designated by you and outside the control of CouponBanker In the event such third parties fail to cooperate with CouponBanker in a manner that reasonably permits CouponBanker to perform its obligations, such failures shall be consider as causes beyond the control of the CouponBanker for the purposes of this Section and shall not be the basis for a determination that CouponBanker is in breach of any of its obligations under this Agreement or is otherwise liable.
13. LIMITATION OF LIABILITY
YOU USE THE SERVICES AND THE COUPONBANKER MATERIAL IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COUPONBANKER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, COUPONBANKER MATERIAL AND USER CONTENT WILL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO A CLAIM ARISING HEREUNDER OR, IF YOU ARE NOT A PAID USER OF THE SERVICES, THEN TEN DOLLARS ($10).
COUPONBANKER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. COUPONBANKER IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.
14. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CouponBanker and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services or the CouponBanker Material; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
16. GOVERNING LAW; ARBITRATION
This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of Montana without regard to the conflict of law provisions thereof. You hereby waive any right to bring any claim against CouponBanker in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You also waive any right you may have to start or participate in, and agrees to opt out of, any class action against CouponBanker arising from or relating to the Service or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Billings, Montana and the language of such arbitration shall be English. CouponBanker may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect CouponBanker’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
17. GENERAL PROVISIONS
CouponBanker’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
CouponBanker may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of CouponBanker.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and CouponBanker with respect to your use of the Services.
Last updated: March, 2023