| Terms of Use Agreement |
Date of Last Revision: January 15, 2009
Welcome to CouponBrothers.com, a website providing online coupons for various products of online retailers. CouponBrothers.com (the Site) is owned and operated by Dooya Marketing, Inc. (the Company). By accessing or using the Site, you (the User) signify that you have read, understand, accept and agree to be bound by this Terms of Use Agreement (Agreement), which sets forth the standards of use of the Site. The Company reserves the right, at its sole discretion, to change, modify, add, or delete portions of the terms and conditions of this Agreement at any time without further notice. If modified, the Company will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. Modifications shall become effective immediately upon being posted to the Site. Your continued use of the Site after any such changes constitutes your acknowledgment and acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement, you must not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.
Please Read This Agreement Carefully Before Accessing or Using the Site.
1. THIRD-PARTY SITES
The Site contains links to other websites on the Internet that are owned and operated by online merchants, vendors and other third parties. The Site does not sell any goods or services to you and nothing on the Site shall be construed as an offer to sell any good or service. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such third-party websites. Your use of those third-party websites is subject to the terms of use, sales, return, warranty and privacy policies of each respective website. The Company encourages you to review the terms of use, privacy and any other policy of the third-party website before using that website. You should also verify that a coupon has been applied to your purchase before accepting or confirming a purchase on the third-party website.
2. MEMBER ACCOUNT
In order to access the Site's forum and to post comments within the Site, you are required to register as a member of the Site. You are entirely responsible for maintaining the confidentiality of your account information. You are solely responsible for any and all use of your account.
3. POSTING COMMENTS ON THE SITE
You agree not to post any comments or material in the forum or anywhere on the Site that is vulgar, obscene, defamatory, inaccurate, harassing, hateful, threatening, invasive of a person's privacy, sexually oriented, or that violates any law. You also agree that you will not post any copyrighted material that is not owned by you or the Company. You agree that the Company is under no obligation to monitor the comments or material posted on the Site. You also agree that the Company, its parents, subsidiaries, affiliates, officers and employees will not be held responsible for the content, accuracy, completeness or validity of any information posted on the Site. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, officers and employees with respect to any claim based upon any comment or material you post on the Site. The Company reserves the right to reveal information about you in the event of a complaint or legal action arising from any comment or material posted by you on the Site. The Company also reserves the right to delete any comment or posted material from the Site for any or no reason whatsoever. If you believe any comment or posted material on the Site is objectionable, please contact us.
4. DISCLAIMER OF WARRANTIES
All offers, coupons and promotions on the Site are subject to change without notice. The Site is provided by the Company on an as is and on an as available basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the contents, use or results of the Site in terms of its correctness, accuracy, reliability, or otherwise. The Company does not warrant that the Site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through the Site is free of viruses or other harmful components. Your use of the Site is solely at your own risk, and you knowingly and voluntarily assume all risks of using the offers, coupons and promotions listed on the Site. You agree that you have relied on no warranties, representations or statements other than in this Agreement. The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided on the Site, including the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the extent as permitted by law.
5. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
6. INDEMNIFICATION
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of your use of the Site, the violation of this Agreement, or infringement by you, or other user of the Site using your computer, of any intellectual property or any other right of any person or entity.
7. RELEASE
The Company has no control over the legality of any coupons or other offers made by the vendors, the ability of any of the vendors to complete the sales in accordance with the offers, or the quality of the goods offered by the vendors. The Company has no control over whether the vendors will honor the offers and coupons shown on the Site and does not guarantee the accuracy or completeness of the information contained on the Site. In the event you have a dispute with a vendor in any way relating to the Site or the use of information from the Site, you agree to waive and release the Company, its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
8. MODIFICATIONS AND INTERRUPTION TO SERVICE
The Company reserves the right to modify or discontinue the Site with or without notice to you. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue the Site. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company's control.
9. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
While the Company makes every effort to ensure that the information on the Site is accurate, the Company can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
10. GOVERNING JURISDICTION OF THE COURTS
This Agreement shall be governed by the laws of the State of California, without giving effect to any choice of law rules. The Company makes no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access or use the Site, then you agree to do so subject to the laws of the State of California.
11. DISPUTE RESOLUTION
Except as explicitly stated otherwise herein, any dispute relating to this Agreement or use of the Site shall be resolved through binding arbitration.
12. COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other governmental requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is 2009 Dooya Marketing, Inc., with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.
14. OTHER TERMS
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible. You agree that this Agreement and any other agreements referenced herein may be assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and you in relation to your use of the Site. You agree that by accepting this Agreement, you consent to the Company's Privacy Policy and to the use and disclosure of your personally identifiable information and other practices described in the Privacy Policy.
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