This is the Terms and Conditions Agreement (“Terms and Conditions” or “Agreement”) of KindCoupons.org (“KindCoupons” or “us” or “we”). KindCoupons.org provides its services to you subject to the notices, terms, and conditions set forth in this agreement. KindCoupons.org reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
KindCoupons.org and its contributing authors disclaim all liability for how any person chooses to use the information contained within this website. The information presented within the KindCoupons.org website is collected from many sources and is not guaranteed as accurate. The KindCoupons.org web site may include messages posted from users around the world; these posts are not verified for validity.
USE OF SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, he or she should email KindCoupons with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, please stop using the Site immediately as you do not have permission to access this Site.
Subject to the terms and conditions of this Agreement, KindCoupons.org hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use this Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site, not for any commercial use or use on behalf of any third party, except as explicitly permitted by KindCoupons.org in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the above paragraph, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by KindCoupons.org in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by KindCoupons.org in advance. KindCoupons.org reserves the right to refuse service or terminate accounts in its discretion, including, without limitation, if KindCoupons.org believes that customer conduct violates applicable law or is harmful to KindCoupons.org’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
SUBMISSIONS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide KindCoupons.org, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and KindCoupons.org shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of KindCoupons.org and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or information to the Site, you also grant KindCoupons.org the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by KindCoupons.org will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead KindCoupons.org or third parties as to the origin of any Submissions or Content. KindCoupons.org may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to KindCoupons.org or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to KindCoupons.org. All software used on this Site (the “Software”) is the property of KindCoupons.org or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws.
The use of any KindCoupons.org trademark or service mark without KindCoupons.org’s express written consent is strictly prohibited. You may not use any KindCoupons.org trademark or service mark in connection with any non-KindCoupons.org product or service or in any way that is likely to cause confusion. You may not use KindCoupons.org’s trademarks or service marks in any manner that disparages or discredits KindCoupons.org. You may not use any of the KindCoupons.org trademarks or service marks in meta tags without the prior explicit consent of KindCoupons.org.
Without limiting the disclaimer of warranties set forth below, all Site Content is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. KindCoupons is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your reliance on the Site Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. KindCoupons is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in Site Content.
THIRD PARTY SITES
You will be transferred to online stores or other third party sites through links or frames from KindCoupons.org. 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 through other websites and from other companies. You are cautioned to read such sites’ terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.
You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. KindCoupons shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. KindCoupons does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.
You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the “coupons” and specials listed on this Site. You agree that KindCoupons and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.
If you have any complaint with such third party sites, please contact that site directly.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, KindCoupons.org may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and KindCoupons.org shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
KINDCOUPONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KINDCOUPONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. KINDCOUPONS DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDCOUPONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDCOUPONS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO KINDCOUPONS DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO KINDCOUPONS’ LIABILITY.
You agree to defend, indemnify, and hold harmless KindCoupons, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney’s fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement 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 or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. KindCoupons reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees 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.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by KindCoupons from its offices within the State of Massachusetts in the United States. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site and applicable law. As each of these places has laws that may differ from Massachusetts, by accessing this Site, both you and KindCoupons agree that the statutes and laws of the Massachusetts shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and KindCoupons also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Massachusetts and any legal proceedings shall be conducted in English. KindCoupons makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.