MyCoupster.com is the web site maintained on the World Wide Web by Coupster, LLC. These Terms of Use govern your use of the Coupster service and Web site. By using, visiting, or browsing the Coupster Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Coupster service or Web site. These Terms of Use are an ongoing contract between you and Coupster and apply to your use of the Coupster service and Web site. These Terms of Use affect your rights and you should read them carefully. Coupster has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Coupster can restrict access to any or all portions of the site or remove any information or content from the site at any time. Coupster reserves the right to monitor use of the site.
Changes to Terms of Use
Coupster, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Coupster Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the Coupster Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
User Accounts
If you establish an account to receive mobile coupons from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Coupster reserves the right, in its sole discretion, to refuse service, or terminate your account.
Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Coupster Web site.
Vendor Conditions
Coupster reserves the right to reject any advertising submission for any reason we deem inappropriate. We also reserve the right to remove any submission for any reason. The vendor represents and warrants that the content of the advertising submission does not violate any law or regulation, does not infringe upon any copyright, trademark, trade secret of any other intellectual property right, does not defame any third party or entity, and shall not cause any civil claim of any nature to arise. In the event that any civil claim or tort arises or is threatened, the vendor agrees to hold Coupster harmless and indemnifies us from the same. The vendor’s advertising content may not be misleading or false and it may not be threatening in nature. Coupster does not guarantee the delivery of any message nor do we guarantee that the subscribers who receive messages will actually read them. We issue no refunds under any circumstances.
If Coupster, in our sole discretion, determines that any advertiser’s content is inappropriate for delivery, we will not deliver, transmit or distribute the message and no refund will be issued.
Disclaimers of Warranties and Limitations on Liability
Although Coupster has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. THE COUPSTER SERIVCE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE COUPSTER SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the Coupster Web site, any failures, delays, or interruptions in mobile service, delivery of any coupons, any losses or damages arising from the use of the content provided on the Coupster Web site. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL COUPSTER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. In no event shall Coupster, its shareholders, members, directors, officers, agents, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Coupster Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month’s subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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.
Electronic Communications
By using the Coupster service, you consent to receiving electronic communications from Coupster. These communications will include notices about your account (e.g., receiving e-mails, text messages, mobile coupons and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Coupster and you receive them as part of the Coupster subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account or have general questions, please contact our Corporate Headquarters at 877-333-3766 between the hours of 9:00 AM and 6:00 PM EST or email us at help@mycoupster.com.
If you need assistance getting coupons sent to your phone when you can’t get to the website, please contact the My Coupster Call Center, 24 hours a day (except holidays), at 877-426-8778 to speak with a live operator.
(In the event of the following holidays, please visit www.mycoupster.com to retrieve your coupons and discounts: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day)
Your Conduct on the Coupster Web Site
By accessing the Coupster Web site, you agree to use the Coupster service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree, either personally or through an agent, not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Coupster Web site or attempt to access, or access, the personal information of another User which is stored on this site. You also agree not to interfere with the servers or networks connected to the Coupster Web site or to violate any of the procedures, policies or regulations of networks connected to the Coupster Web site. You also agree not to impersonate any other person while using the Coupster Web site, attempt to, or access, this site using another User’s password or allow any other person to use your password, or conduct yourself in a vulgar or offensive manner while using our service, or use the Coupster Web site for any unlawful purpose or use any device or other means to harvest information about other Users. You also expressly agree to refrain from doing, either personally or through an agent, posting or storing on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights), modifying the information, including headers, found on the web site, using the site for any unlawful or defamatory means, or transmitting, installing, uploading, posting or otherwise transferring any information in violation of the laws of the United States or posting any information that could result in civil unrest. Finally, you agree not to transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication, or use any “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Coupster reserves the right to bar any such activity.
Limitations on Use
Unless otherwise specified, the content on the Coupster Web site is for your personal and non-commercial use and we grant you a limited license to access the Coupster Web site for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Coupster Web site without our express written consent. Any unauthorized use of the Coupster Web site or its contents will terminate the limited license granted by us.
Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks and banners on the Coupster Web site may lead to other Web sites that are not controlled by, or affiliated with, Coupster In addition, other Web sites may link to the Coupster Web site. Coupster has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflicts of laws provisions. You and Coupster agree that the United States District Court for the Southern District of Florida and/or the 17th Judicial Circuit in and for Broward County Florida shall have exclusive jurisdiction over any dispute between you and Coupster relating in any way to the Coupster service or Web site or these Terms of Use. You and Coupster expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
Copyright Marks
All content on the Coupster site (with the exception of content provided by Coupster’s third party content providers and materials posted by Users) are the copyrighted property of Coupster. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Coupster. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given Coupster license to the material sufficient for the purposes of operating the web site, which means Coupster can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. Coupster also has the right to remove User content from the site at any time for any purpose.
Third Party Content
Coupster is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users and Coupster is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Coupster. Coupster assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
COUPSTER MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, COUPSTER DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
Indemnification
User agrees to defend, indemnify and otherwise hold harmless Coupster and its officers, members, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Security
Users are prohibited from violating or attempting to violate the security of the site. Coupster will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Violation of These Terms of Use
Coupster may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Coupster’s rights or property, or the rights or property of visitors to or users of the site, including Coupster’s customers. Coupster reserves the right at all times to disclose any information that Coupster deems necessary to comply with any applicable law, regulation, legal process or governmental request. Coupster also may disclose your information when Coupster determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Coupster may preserve any transmittal or communication by you with Coupster through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or Coupster determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of Coupster, its employees, users of or visitors to the site, and the public.
You agree that Coupster may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Coupster, for which monetary damages would be inadequate, and you consent to Coupster obtaining any injunctive or equitable relief that Coupster deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Coupster may have at law or in equity.
You agree that Coupster may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.
If Coupster does take any legal action against you as a result of your violation of these Terms of Use, Coupster will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Coupster. You agree that Coupster will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.
Termination of Agreement
Either Coupster or User may terminate this Agreement at its discretion. In addition to Coupster’s other rights, Coupster may terminate access to this site or cancel membership to any service that Coupster provides on the site, if User breaches this Agreement in any way or engages in conduct that Coupster deems inappropriate.
Copyright Protection
Coupster honors the intellectual property rights of others and asks the same of Users of the site. Coupster may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Coupster with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Coupster to identify the material;
Information that is reasonably sufficient to permit Coupster to contact the complaining party, such as address, telephone number and, if available, e-mail address;
A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Coupster can be contacted at:
By Mail: Coupster, LLC 4 West Las Olas Boulevard, Fort Lauderdale, FL 33301
By Phone: 1-877-333-3766 between the hours of 9:00 AM and 6:00 PM EST
By Email: legal@mycoupster.com
Miscellaneous
These Terms of Use constitute the entire agreement between Coupster and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Coupster and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, Coupster may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Coupster’s remedies are cumulative and not exclusive. Failure of Coupster to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Coupster makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws.
COUPSTER, LLC PRIVACY POLICY
We know that you care how your information is used, and we appreciate your trust that we will use it carefully and sensibly. This notice describes our privacy policy. By visiting us, you are accepting the privacy policy described below.
- What Personal Information Do We Collect?
Information You Provide. We receive and store information you enter. For example, when you search for or buy a product or service, or when you supply information such as your address, phone number or credit card. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our website, and communicating with you. In addition, if you choose, we may share your information with other companies who provide goods or services that you are interested in. Please see the “opt-in/opt-out” selection in Section 4 of this policy.Cookies. Like many websites, we use “cookies”. Cookies are small programs that we transfer to your hard drive that allow us to recognize you and to provide you with a customized shopping experience. If you do not want us to use cookies, you can easily disable them by going to the toolbar of your web browser, and clicking on the “help” button. Follow the instructions that will prevent the browser from accepting cookies, or set the browser to inform you when you receive a new cookie. In addition, you may visit this and other websites anonymously through the use of utilities provided by other private companies.
Other Information: Every computer has an IP (Internet Protocol) address. IP addresses of computers used to visit this site are noted. In addition, we automatically collect other information such as email addresses, browser types, operating systems, and the URL addresses of sites clicked to and from this site.
Information from Other Sources. We might receive information about you from other sources and add it to our account information. This may include updated cellular phone numbers, credit card information and address information from other sources so that we can correct our records and deliver your next communication more easily.
- How Do We Use Your Information?
Customized Shopping. We use your information to better serve you by providing a customized shopping experience. As noted above, you may “opt-out” of this customization, or even visit and shop anonymously.Agents. We employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, and processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Special Offers. We may send you special offers from time to time, unless you choose to “opt-out” of receiving such offers. In addition, we may also send you special offers from other companies. Again, you may “opt-out”. If we send you offers from other businesses, we do not share your personal information with them. The offers come directly through us. Please see the “opt-in/opt-out” selection at the end of this policy.
Law Enforcement. If we receive a lawful court order to release account or other personal information then we will comply with the law. We will also release information when necessary to protect the life, safety or property of others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- How Do We Protect the Security of Your Information?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.We use encryption to protect your information contained in our customer list.
We use a firewall to protect against unlawful intrusion.
We limit access to your information on a “need to know” basis.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
No system can guarantee absolute security, just as the finest lock can not guarantee physical security. However, we take every reasonable precaution to assure that your data is secure.
- Your Choice: Opt-in or Opt-out.
It is your choice whether to receive emails or special offers from us or others. The following section provides you with this choice. Please note the default settings.Please send me email or other mail informing me of special offers of your products or services.
Please do not send me email or other mail informing me of special offers of your products or services.
Please send me email or other mail informing me of special offers of related products or services from other companies.
Please do not send me email or other mail informing me of special offers of related products or services from other companies.
- Children
We do not sell products or services to children. If you are under 18, you may use this site only with involvement of a parent or guardian.
- Other Websites
Various Web sites may be linked to from this site. If you link to another site, your privacy depends on the policy of that site. We strongly urge you to check their privacy policy. Not all sites guarantee that they will not share your personally identifiable information with others. You may also wish to consult privacy guidelines such as those recommended by the Online Privacy Alliance (www.privacyalliance.org).
- Contact Us
If you would like to learn more about our privacy policy, or to access your personally identifiable information contained on our website, you may contact us at info@mycoupster.comYou will be required to provide identifier information to assure that this information is not released to others. We reserve the right to modify this policy in the future. If we do so, notice will be posted on our home page.
