Date of Last Revision: Nov 1, 2010
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Risk of Loss
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- do anything that could disable, overburden or impair the proper working of SBCoupons.com;
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- send spam or any other unauthorized advertisements or solicitations through or using SBCoupons.com;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of SBCoupons.com without consent from such users;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of SBCoupons.com;
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- do anything that is illegal, infringing, fraudulent, malicious or could expose SBCoupons.com users to harm or liability; or
- attempt, encourage or facilitate any of the above.
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Ownership; Proprietary Rights
All materials, content and trademarks on SBCoupons.com are the property of SBCoupons.com and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, SBCoupons.com, and all related logos, are trademarks of SBCoupons.com. Except as expressly authorized by SBCoupons.com in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
User Disputes; Complaints
You agree not to hold SBCoupons.com responsible or liable for the actions of third parties on or relating to SBCoupons.com. If you have a dispute with a third party relating to SBCoupons.com, you release SBCoupons.com and its directors, officers, employees and agents (collectively, the "SBCoupons.com Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that SBCoupons.com’s business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of SBCOUPONS.COM’s legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that SBCoupons.com is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold the SBCoupons.com Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of SBCoupons.com or any of the features or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. SBCoupons.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SBCoupons.com and you agree to cooperate with SBCoupons.com’s defense of these Claims.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SBCOUPONS.COM ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE SBCOUPONS.COM, THE SBCOUPONS.COM WEBSITE OR ANY FEATURES, OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH SBCOUPONS.COM, EVEN IF SBCOUPONS.COM OR A SBCOUPONS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination and Changes to SBCoupons.com
We may terminate your account on SBCoupons.com, and/or prohibit you from using or accessing SBCoupons.com (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of SBCoupons.com at any time without notice. The following sections will survive any termination of your use of SBCoupons.com: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to SBCoupons.com, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Except as set forth in the paragraph below, you agree that all claims and disputes between you and SBCoupons.com that arise out of or relate in any way to the Terms or your use of SBCoupons.com will be resolved either by (a) binding arbitration by a single arbitrator in Santa Barbara County, California or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and SBCoupons.com that arise out of or relate in any way to the Terms or your use of SBCoupons.com will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Santa Barbara County, California.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to affect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from SBCoupons.com at the email address you provide in using SBCoupons.com. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of SBCoupons.com.
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