Please read the following Terms of Use carefully before using any of Couponz Direct LLC's services, tools and/or accessing www.couponzdirect.com hereinafter referred to as ("the website"). For the purposes of reference the term users shall hereinafter also be referred to as ("you").
All users of the website agree that access to, and use of this website through any device, are bound and subject to the following Terms of Use and other applicable law. If you do not agree to these Terms of Use, please do not use, download and/or access the website.
Couponz Direct LLC may at any time modify these Terms of Use. You can review the most current version of it by clicking on the "Terms of Use" link located at the bottom of the website. The most current version will supersede all previous versions. By continuing to use the Couponz Direct LLC Service after changes are made, you agree to be bound by such changes.
1. Membership Eligibility
By using Couponz Direct LLC's services, tools and/or the website you represent and warrant that you are at least 18 years and you are able to enter into legally binding contracts under applicable law.
Individuals under the age of 18 must at all times use Couponz Direct LLC's Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Currently, Couponz Direct LLC’s Services are only available to individuals who are located in the United States.
2. Privacy
Couponz Direct LLC will not sell or disclose your personal information to third parties. Couponz Direct LLC stores and processes content on computers that are protected by physical as well as technological security. You can review the most current version of our Privacy Policy by clicking on the "Privacy Policy" link located at the bottom of the website. The most current version will supersede all previous versions. By continuing to use the Couponz Direct LLC Service after changes are made, you agree to be bound by such changes.
3. Use of Website
Couponz Direct LLC does not promote, recommend or condone use of the Couponz Direct LLC Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Couponz Direct LLC Service during such activities.
You further agree that you will not use any robot, spider, scraper or other automated or manual means to access the website for any purpose. You acknowledge that harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Couponz Direct LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not post spam, unsolicited or bulk electronic communications, pyramid schemes, chain letters or upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You will further not attempt to modify, circumvent, hack or access portions of the data contained within the website not explicitly presented to you and you will not distribute viruses or other technologies that may cause harm to Couponz Direct LLC and/or the website.
You agree not to use the website in any manner that violates or proposes a transaction which would violate any laws, expose Couponz Direct LLC to civil or criminal liability or violates these Terms of Use. For the avoidance of doubt, any activities that are illegally carried on within the website will be reported to the appropriate Federal, State or Local Authorities.
4. Website Access
a. Accounts
In order to use the Website or the Services, you must register for an account with Couponz Direct LLC (an "Account") and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain and update the accuracy of such information at all times. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Couponz Direct of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Couponz Direct LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You confirm you will not transfer, assign or sell your account and information contained therein to any third party.
Any information provided to Couponz Direct LLC and the website will be retained in line with the terms of our Privacy Policy.
b. License
Subject to the Terms, Couponz Direct LLC grants you a limited, non-exclusive, nontransferable personal (i.e., non-commercial) license to access and use the website and Services. The rights granted to you by the Terms will remain in force only for so long as the Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You will not (nor will you cause any of your employees, contractors, agents and principals to) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of Couponz Direct LLC's technology. Any future release, update, or other addition to functionality of the website or Services shall be subject to the Terms. You agree not to use the website or the Services to:
(a) violate any local, state, national or international law;
(b) stalk, harass or harm another individual;
(c) collect or store personal data about other users;
(d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
(e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
You may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the website, place pop-up windows over its pages, or otherwise affect the display of its pages.
c. Third-Party Offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the website. We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services on the website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that the Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
5. Fees, Right to Refuse Services & Termination
a. Fees
Couponz Direct LLC has three methods of payment for use of its services via the Website. Those being:
(1) $9.95 for monthly subscription;
(2) $99.95 for an upfront annual subscription;
(3) Sponsorship by third party for monthly or annual subscription
When using either method of payment you acknowledge and accept that these fees are non-refundable for whatever reason.
Couponz Direct LLC's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Couponz Direct LLC's Services are effective after Couponz Direct LLC provides you with at least fourteen (14) days' notice by posting the changes on the website. However, Couponz Direct LLCt may choose to temporarily change the Fees Policy and the fees for Couponz Direct Services for promotional events (for example, discounted subscription fees for x number of days); such changes are effective when Couponz Direct LLCt posts the temporary promotional event on the Website. Couponz Direct LLC may, at Couponz Direct LLC's sole discretion, change some or all of Couponz Direct LLC Services at any time. In the event Couponz Direct introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You or your sponsor are responsible for paying all fees and applicable taxes associated with using Couponz Direct LLC's Services. Should the sponsors criteria for payment is not maintained by the user the sponsor can terminate the subscription with immediate effect, therefore the user holds from harm the sponsor to be liable to cover the subscription fee payable to Couponz Direct LLC and as such the user will be de registered and given a new reference code separate from sponsors. The said user will be contacted directly by Couponz Direct LLC in an effort to assist the clients re registration to Couponz Direct LLC directly and separately from any previous obligation and relationship of previous sponsor.
b. Right to Refuse Services & Termination
Couponz Direct LLC reserves the right in its sole discretion to terminate, suspend or restrict your account and refuse all and any current or future use to the website and its services without notice and for whatever reason without divulging the reason for doing so.
If Couponz Direct LLC terminates your account, or if you close your account, or if the payment of your Couponz Direct LLC fees cannot be completed for any reason, you remain obligated to pay Couponz Direct LLC for all unpaid fees plus any penalties, if applicable.
6. Intellectual Property
The content on the website, except for Content by users, the trademarks, service marks and logos contained herein ("Marks"), are owned by and licensed to Couponz Direct LLC. Materials provided on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Couponz Direct LLC reserves all rights not expressly granted in and to the website and the materials. You agree to not engaged in the use, copying, or distribution of any of the Materials other than expressly permitted by Couponz Direct LLC, including any use, copying or distribution of third parties' materials obtained through the website for any commercial purposes. If you download or print a copy of the materials for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security feature of the website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the website or the materials therein.
7. Data Transfer
By using one or more Couponz Direct LLC’s Services, including without limitation the website, or conducting any business with Couponz Direct LLC, you may be causing communications or information to be sent through computers and electronic networks in other locations in the United States. You agree that Couponz Direct is permitted to take such actions where reasonably necessary to facilitate these interactions as part of its providing Couponz Direct LLC Services to you.
8. Advertising
Certain Couponz Direct LLC’s Services, including without limitation the website, may include advertisements, whether from Couponz Direct LLC or third parties with whom Couponz Direct LLC partners. This advertising may be targeted to information found within one or more Couponz Direct LLC Services, whether submitted by you or by others. You consent to the placement, targeting and display of such advertising as consideration for your use of the Couponz Direct LLC Services. In addition, Couponz Direct LLC and/or its partners, affiliates or agents may, from time to time, send you pertinent information about the Couponz Direct LLC Services or other offerings which may be of interest to you. You consent to receive such communications as part of using the Couponz Direct LLC Services, including without limitation the website. However, you may "opt-out" of any such communications at any time by sending an email to: unsubscribe@couponzdirect.com with the words "Opt Out" in the subject line.
9. Unsolicited Submission Policy
Unless expressly requested by Couponz Direct LLC in writing, Couponz Direct LLC will not consider, review or evaluate unsolicited ideas, "pitches," scripts, treatments, compositions, business models, product or service descriptions or any other confidential or proprietary information that you submit to Couponz Direct LLC. This policy serves to avoid misunderstandings in the unlikely event that any of Couponz Direct LLC’s business or creative activities have some coincidental similarities with the activities of another. If, in spite of this policy you still choose to submit any such items to Couponz Direct LLC, then you specifically agree that: (1) your entire submission will automatically become the sole and exclusive property of Couponz Direct LLC, and you will not receive any form of compensation for it; (2) Couponz Direct LLC will have no obligation to return your submission or respond to you in any way; (3) Couponz Direct LLC will have no obligation to keep your submission confidential or secret; and (4) Couponz Direct LLC has a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display your submission for any purpose whatsoever.
Further, to the extent that you may choose to communicate such items to another user in the Couponz Direct LLC community, you act completely at your own risk and Couponz Direct LLC will in no way be responsible for ensuring that the recipient considers reviews or evaluates your submission, or compensates you for them or preserves their confidentiality.
10. No Warranty & Liability Limit
COUPONZ DIRECT LLC PROVIDES ITS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. COUPONZ DIRECT LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Couponz Direct LLC assumes no liability or responsibility for any errors or omissions in the Couponz Direct LLC Service; any failures, delays or interruptions in the Couponz Direct LLC Service; any losses or damages arising from the use of the Couponz Direct LLC Service, including, without limitation, any damage to your mobile device; or any conduct by users of the Couponz Direct LLC Service. You acknowledge and accept that it may take up to 24 hours for coupons to populate to your store loyalty card (this excludes weekends). You further acknowledge and accept that it is your responsibility to use the coupons made available to you and that Couponz Direct LLC cannot be held liable for expired coupons due to your non-use of the same. We reserve the right to deliver the Couponz Direct LLC Service in our sole and absolute discretion.
IN NO EVENT SHALL COUPONZ DIRECT LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COUPONZ DIRECT LLC SERVICE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold Couponz Direct LLC and its related companies, and each of their respective shareholders, directors, officers, employees, agents, suppliers and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Couponz Direct LLC Service or your violation of any law or the rights of any third party.
12. Disputes
a. Governing Law
YOU AGREE THAT THESE TERMS OF USE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND COUPONZ DIRECT LLC arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the Couponz Direct LLC Service, Couponz Direct LLC advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
b. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND COUPONZ DIRECT LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Couponz Direct LLC") arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the Couponz Direct LLC Service, Couponz Direct LLC advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Couponz Direct LLC. NEITHER YOU NOR COUPONZ DIRECT LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
c. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the Couponz Direct LLC Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
13. Entire Agreement
These Terms collectively represent the entire agreement and understanding between you and Couponz Direct and supersede any other agreement or understanding (written, oral or implied) that you and Couponz Direct LLC may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
14. Force Majeure
Neither you nor Couponz Direct LLC will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
15. Severability
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Couponz Direct LLC with respect to the subject matter hereof.
16. Notices
Both you and Couponz Direct LLC may give notice to one another as follows: (i) electronic mail transmission; (ii) first class mail or certified mail, postage prepaid; (iii) or express courier, cost prepaid. Or, in your case, to the email address you provide to Couponz Direct LLC (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Couponz Direct LLC may give you notice by certified mail, postage prepaid and return receipt request, to the address provided to Couponz Direct LLC. In such case, notice shall be deemed given three days after the date of mailing.
17. Assignment/Sublicensing
These Terms, and any rights and licenses granted hereunder, may not be transferred, assigned or sublicensed by you without Couponz Direct LLC's express written consent. On the other hand, Couponz Direct LLC may assign, sublicense or otherwise transfer these Terms or any individual Term, at its option, without restriction and without prior notice to you.
18. Third-Party Beneficiaries
No Term is meant or intended to benefit any third party.
If you have any questions about these Terms of Use or the download and/or use of the website and/or Couponz Direct Service, please contact us at:
Couponz Direct LLC
PO Box 31255
Greenwich
CT 06831
USA
Updated: April, 7, 2018