Terms of Use
Last Updated: October 24, 2024These Terms of Use (“Terms of Use”) are set forth by CouponsList.com (collectively, “we” or “us” or “our”). These Terms of Use govern your use of our website, online services, any content or materials therein, and/or any of our mobile applications, other websites, subdomains, or browser extensions on which services are provided by us (collectively, the “Services”).
By accessing the Services, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws and regulations. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing the Services. You must be at least sixteen (16) years old to be eligible to use the Services.
Other Policies
For information regarding our treatment of personal information, please review our current Privacy Policy at https://couponslist.com/privacy. If you believe that material or content residing on or accessible through the Services infringes a copyright, please review our Copyright Dispute Policy at the bottom of these Terms of Use.
Arbitration
These Terms of Use are subject to an arbitration provision and include a waiver of the right to bring an action in court. Please see the Dispute Resolution section below for more details.
Your Use of the Services
Your use of the Services is solely for your personal and non-commercial use. Except as may be explicitly permitted through the Services, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalog, aggregate, or create derivative works from materials, code or content on or from the Services. Systematic retrieval of data or other content from the Services to create, compile, train, or fine-tune, directly or indirectly, a collection, compilation, database, directory, machine learning model, large language model, generative artificial intelligence model, or similar systems, without written permission from us is prohibited. Exceeding your permitted access or trying to automate what are otherwise manual interactions with the Services are expressly prohibited. In addition, use of the content or materials available on the Services for any purpose not expressly permitted in these Terms of Use is prohibited. If you violate these Terms of Use, we may, without prior notice and without liability to you, suspend your access to any and all use of the Services and take any other action we deem appropriate in our sole discretion.
Additional Restrictions
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar malicious or nefarious computer codes, files, or programs; or impersonates any person or entity.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services (or parts thereof).
Intellectual Property
All content, text, images, photos, materials, logos, marks and designations, patents, proprietary technology, and other intellectual property are the intellectual property of us or their respective owners. The intellectual property displayed on the Services may not be used without prior written consent from us or their respective owners.
Third-Party Websites
You may be transferred to online merchants or other third-party websites through links or frames from the Services. The Services do not sell any good or service to consumers and nothing on the Services shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such websites’ terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such websites in order to be aware of the terms and conditions of your use of such websites. You are also cautioned to carefully read the terms and conditions of any coupons, specials, deals, contests, discounts, promotions, sales or other offers from these merchants. We shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other websites, information, promotions, products, or services; viruses or other computer problems resulting from use of such websites; or any liabilities resulting from the terms and conditions of other websites. We do not guarantee any content on such websites or anything offered by third parties, including but not limited to discounts, prices, promotions, products, or services. You are knowingly and voluntarily assuming all risks of using such websites to purchase goods and services and of using the coupons, promotions, or other information listed on the Services. You agree that we and our licensors and advertisers shall have no liability whatsoever from such third-party websites and your usage of them. These other websites are not under our control, are not monitored or reviewed by us, and we are not aware of the contents of such websites. We do not sponsor, endorse, or recommend these websites and makes no representations or warranties of any kind with regard to any websites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that we are not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such websites. The inclusion of such a link or frame does not imply endorsement of that website by us or our advertisers or licensors, or any association with our operators, and is provided solely for your convenience.
Indemnification
You agree to defend, indemnify, and hold harmless us, our advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and our and their respective employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorneys’ fees, that arise from or relate to (a) your use of and access to the Services, or any services, information or products from the Services; (b) your violation or breach of any of these Terms of Use or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one (1) or more of your submissions to the Services has caused damage to a third party. This defense and indemnification obligation will survive your use of the Services. We reserve the right to assume the exclusive defense and control of any claim for which we or any of the indemnified parties listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Limitation of Liability
THE SERVICES, INCLUDING ALL CONTENT AND OTHER MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR OTHER MATERIALS ON THE SERVICES. THE SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE WE SHALL NOT BE BOUND BY ANY SUCH ERRORS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IN NO EVENT WILL WE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICES, OR DOWNLOADED FROM THE SERVICES, OR ANY DELAY OF SUCH INFORMATION OR SERVICES. EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE BE LIABLE TO YOU FOR DIRECT DAMAGES IN EXCESS OF $100 (USD).
Revisions
The content and other materials appearing on the Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained on the Services at any time without notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the websites linked to the Services and are not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by us of such websites. Use of any such linked websites is at your own risk.
Terms of Use Modifications
We may revise these Terms of Use at any time without notice. By using the Services, you are agreeing to be bound by the then current version of these Terms of Use.
Dispute Resolution
These Terms of Use will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. By visiting the Services, you agree that, except as otherwise specified herein, the laws of the State of California without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Services.
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: [email protected] and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
Arbitration
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use, except for matters that fall within the jurisdiction of your local small claims court, which may be pursued in that court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms of Use, including with respect to the interpretation of any provision of these Terms of Use or other agreements between you and us, or concerning the performance or obligations of you and/or us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its rules and Consumer Arbitration Standards at the request of either us or you pursuant to the following conditions:
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Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility located in Los Angeles County, California.
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Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
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Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one (1) day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
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Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
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Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
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Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Class-Action Waiver
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not as a class action or proceeding, mass action, or on a consolidated or representative basis. The arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If, for any reason, a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
International Use
We do not represent that all content, materials and services on the Services are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. If you access the Services from such locations, you act on your own initiative and we are not responsible for the compliance with local laws or other applicable laws. You will not access the Services where prohibited by law.
Contact
Under California Civil Code Section 1789.3, residents of California who use the Services are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at [email protected].
If you have any questions about these Terms of Use or the Services, please send an email to [email protected].