Effective from September 4, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
COOLPONNERD.COM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME, BY POSTING CHANGES TO THIS PAGE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES MEANS THAT YOU ACCEPT AND AGREE TO ALL SUCH CHANGES.
Certain Services may be subject to additional terms, which will be posted with such Services, such as terms governing a referral program. If you choose to use such Services, you agree that the additional terms apply.
To use the Services, you must be, and hereby represent that you are, an individual 16 years or older who can form legally binding contracts. Any use of the Services by anyone under the age of 16 is strictly prohibited. If you are a minor in your jurisdiction of residence, you must have the consent of your parent or legal guardian to enter the Terms and use the Service. Users must be human; no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Service.
3. OWNERSHIP OF CONTENT
All coupons, offers, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, and other information and content available on or through the Services (“Content”), is the property of coolponnerd.com. The Content is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title and interest in and to the Content.
Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any Content, in whole or in part, by any means.
4. PROHIBITED CONDUCT
In addition to the other restrictions explicitly set forth in these Terms, you agree not to:
- use any software, script, code, device, crawler, robot or other means not provided by us to access the Services, any system, or Content, including coupons;
- circumvent, disable or otherwise interfere with security-related features on the Services;
- access or use the Services in any manner that may damage, disable, unduly burden, or impair any networks or systems;
- engage in any fraudulent, deceptive or otherwise improper actions when using the Services;
- gain or attempt to gain unauthorized access to any areas of the Services, or any networks or systems, or to interfere or attempt to interfere with any networks or systems;
- interfere or attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise; and
- engage in commercial use or distribution of any Services or the Content (including any coupons, offers, rebates, promotions), or copy or create any derivative work of any Services or Content.
5. USE OF THE SERVICES
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms are reserved and retained by us or its licensors, suppliers, publishers, rights-holders, or other content providers. The licenses granted by us herein terminate if you do not comply with these Terms.
6. SERVICE AVAILABILITY
We may change the Services at any time without notice. We make no representation that the Services will be available for use in your location.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, or information about grocery or other product, service, retailer, recipe, drug, and health is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such Content is endorsed by us, nor is there any representation or warranty by us that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
THE SERVICES AND ALL CONTENT ON OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, WE MAKE NO WARRANTY THAT: (A) THE SERVICES, WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY THIRD PARTY SITE. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF US AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO TEN DOLLARS ($10).
You agree to defend, indemnify and hold us and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Services.
We may, without notice to you: (a) disclose information from the Services to any third party, including law enforcement agencies, to protect its rights and property, or the rights and property of its clients, in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any user or third party complaint, or potential violation of its policies; and (c) in its sole discretion and at any time, discontinue providing or limit your access to the Services, or any portion thereof.
11. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and we agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Arbitration and Class Action Waiver section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
- JURY TRIAL WAIVER. The parties understand that, absent this mandatory provision, they would have the right to sue in court. YOU AND WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and we further agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- Any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) month after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Changes to This Section – We will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action section by posting on our website. Amendments will become effective thirty (30) days after they are posted on the website.
- Survival – This Arbitration and Class Action Waiver section shall survive any termination of these Terms or your use of the Services.
12. COMPLIANCE WITH LAWS
You agree not to use the Services in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.
These Terms and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by us of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the complete agreement between us and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between us and you.