Agreement Before Accessing Website.
Effective Date: This Terms of
Use Agreement was last updated on May 7, 2010.
the standards of use of the moderncoupon.com, Online Service. By using
the moderncoupon.com website you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at the moderncoupon.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
Description of Service
Moderncoupon.com LLC is providing Member
with access to advertisements and coupons prepared, created and offered
by third party vendors (“Vendors”) (the “Service”). Member
must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to
the Internet, and (3) pay any fees relate with such connection.
Except as may be explicitly permitted through this site, 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, catalogue, aggregate, or create derivative works
from materials, code or content on or from this site. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from Moderncoupon.com LLC is prohibited. In addition,
use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
You agree that you
shall not try to reverse engineer, reverse assemble, reverse compile,
decompile, disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site. You understand
that such actions are likely to subject you to serious civil and criminal
legal penalties and that Moderncoupon.com LLC shall pursue such penalties
to the full extent of the law to protect its rights.
Moderncoupon.com LLC may investigate
any reported violation of its policies and complaints, and take any
appropriate action it deems appropriate at any time, including without
limitation, suspension or termination of access and/or use of the site,
or any applicable Services, Software or Content. In addition, Coupons
may, in its sole discretion and at any time, discontinue providing or
limit access to the site or any areas of the site.
Disclaimer of Warranties.
The site is provided by Moderncoupon.com
LLC on an “as is” and on an “as available” basis. To the
fullest extent permitted by applicable law, Moderncoupon.com LLC makes
no representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Moderncoupon.com LLC shall
have no liability for any interruptions in the use of this Website.
Moderncoupon.com LLC disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some jurisdictions
do not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
Limitation of Liability
MODERNCOUPON.COM LLC SHALL NOT
be liable for any damages whatsoever, and in particular
Moderncoupon.com LLC shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss
of revenue, LOSS OF BENEFIT OF THE BARGAIN
or loss of use, arising out of or related to this web site, ANY ADVERTISER’S
OR OTHER THIRD-PARTY’S WEBSITE or the information contained in THEM,
whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if
Moderncoupon.com LLC 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.
Member agrees to indemnify and hold
Moderncoupon.com LLC , 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 Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person
Modifications and Interruption
Moderncoupon.com LLC reserves the right
to modify or discontinue the Service with or without notice to the Member.
Moderncoupon.com LLC shall not be liable to Member or any third party
should Moderncoupon.com LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that Moderncoupon.com LLC
does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
You agree that if you are issued a Username and Password by Moderncoupon.com,
LLC, you shall use your best efforts to prevent access to this site
through your Username and Password by anyone other than yourself, including
but not limited to, keeping such information strictly confidential,
notifying Moderncoupon.com LLC immediately if you discover loss or access
to such information by another party not under your control and supervision,
and by using a Username and Password not easily guessed by a third party.
Our website may include links to other
sites on the Internet that are owned and operated by Vendors and other
third parties. You acknowledge that we are not responsible for
the availability of, or the content located on or through, any third-party
site. You further acknowledge that we are not responsible for any virus,
spyware or other malicious software that may be downloaded from such
other third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of those
of each site, and we are not responsible for such terms and policies.
of third-parties’ sites.
Regarding Accuracy of Vendor Information
This site does not sell any good or service to consumers and nothing
on this site shall be construed as an offer to sell anything or enter
into any kind of business relationship. Any purchases you make will
be from other Vendors.
You are encouraged to carefully read the terms and conditions of any
coupons, specials, sweepstakes, promotions, sales or other offers from
Advertisements and coupon offers have
been provided by the Vendors. Moderncoupon.com LLC makes no representations
or warranties as to the accuracy or reliability of any information provided
on this website.
Moderncoupon.com LLC makes no warranties
or representations whatsoever with regard to any product or services
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.
Governing Law and Forum
Our website is operated and provided
in the State of New Jersey. By using this website, you agree that
your use of this website shall also be governed by the laws of the State
giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access
our site you agree to do so subject to the internal laws of the State
of New Jersey.
Further, regardless of your state of
residency, your location at the time you access this website, the location
of any Vendor with whom you transact business through this website or
for any other reason, any suit, action or proceeding arising from or
related to your use of this website shall be heard and determined in
a court of law in the State of New Jersey which encompasses the County
of Camden and you hereby irrevocably and consent to the jurisdiction
and venue of such courts over any such suit, action or proceeding.
Compliance with Laws.
Member assumes all knowledge of applicable
law and is responsible for compliance with any such laws. Member
may not use the Service in any way that violates applicable state, federal,
or international laws, regulations or other government requirements.
Member further agrees 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.
Copyright and Trademark Information
All content included or available on
this site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2010 Moderncoupon.com LLC with
all rights reserved, or is the property of Moderncoupon.com LLC and/or
third parties protected by intellectual property rights. Any use
of materials on the website, 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 Moderncoupon.com LLC is strictly prohibited. Members agree
that they 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
Moderncoupon.com LLC .
Moderncoupon.com is a proprietary mark
of Moderncoupon.com LLC . Moderncoupon.com LLC’s trademarks and/or
servicemarks may not be used in connection with any product or service
that is not provided by Moderncoupon.com LLC , in any manner that is
likely to cause confusion among customers, or in any manner that disparages
or discredits Moderncoupon.com LLC .
All other trademarks displayed on Moderncoupon.com
LLC ’s website 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 Moderncoupon.com LLC .
Notification of Claimed Copyright
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium Copyright Act,
Moderncoupon.com LLC .com designates the following individual as its
agent for receipt of notifications of claimed copyright infringement.
By Email: email@example.com
Moderncoupon.com LLC retains the right,
at our sole discretion, to terminate any accounts involved with botnets
and related activities. If any hostnames are used as command and control
points for botnets, Moderncoupon.com LLC reserves the right to direct
the involved hostnames to a honeypot, loopback address, logging facility,
or any other destination at our discretion.
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
any other agreements referenced herein may be assigned by Moderncoupon.com
LLC , in our sole discretion, to a third party in the event of a merger
to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member
Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices described