EULA
CouponPaste.com End User License Agreement Last Updated: 01/01/14
IMPORTANT – PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE COUPONPASTE.COM SOFTWARE, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SHOPPING APPLICATION AND ITS ASSOCIATED SOFTWARE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (See Sections 3 and 8) AND AN EXCLUSIVE REMEDY (See Section 8b). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
1. GENERAL This EULA is a legal agreement between you and CouponPaste (“We”, “Our”, “Us” or “CouponPaste”). This EULA governs the Browser Application and its associated Software and your use of the Browser App and Software. The definitions for terms that are capitalized in this document but not defined herein can be found in the Membership Agreement. The EULA, which can be found at https://couponpaste.com/eula, applies to updates, supplements, add-on components, and Internet-based services relating to the Browser Application and Software that we may provide or make available to you through the use of the Browser Application and Software.
Download of Browser Application and Software
The Browser Application has interactive buttons that you can use to access various features and functionalities that will enhance your enjoyment of the couponpaste.com website. We may change, add to or remove Browser Application from time to time, with or without notice to you. By downloading, installing, and using the Browser Application, you consent to any modifications to the Browser Application. The Browser Application works in conjunction with your browser and the Browser Application may modify or enhance the functionality of your browser or other software. By downloading, installing or using the Browser Application, you consent to such modifications or enhancements.
2. GRANT OF LICENSE Subject to the terms of this EULA, CouponPaste grants to you a non-exclusive, limited license to install and use one copy of the Browser Application and Software on a single computer. CouponPaste maintains all ownership rights of the Browser Application and Software, including all title, interest in, and intellectual property rights in and to the Browser Application and Software. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CouponPaste. All title and copyrights in and to the Browser Application and Software (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated in the Browser Application and Software), the accompanying printed materials, and any copies of the Browser Application and Software, are owned by CouponPaste or its licensors. The Browser Application and Software are protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. Therefore, you must treat the Browser Application and Software like any other copyrighted material. Except as expressly permitted by this EULA, you may not copy the Browser Application and Software or any accompanying materials. Because the Browser Application and Software contain proprietary information of CouponPaste, you agree: (i) to hold in the strictest confidence all program code and other elements of the Browser Application and Software, (ii) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Browser Application and Software to any third party, and (iii) not to make use of the Browser Application and Software other than for the permitted purposes under this EULA.
3. DISCLAIMER OF WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CouponPaste AND ITS AFFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS, ADVERTISERS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS EULA. THE BROWSER APPLICATION AND SOFTWARE ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND “AS AVAILABLE”. THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE BROWSER APPLICATION AND SOFTWARE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE BROWSER APPLICATION AND SOFTWARE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE BROWSER APPLICATION AND SOFTWARE NOT WORKING AS INTENDED OR FAILURE OF THE BROWSER APPLICATION AND SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS.
4a. ADDITIONAL TERMS You are prohibited from making any changes or asking others to make changes to the Browser Application and Software, including decompiling or reverse engineering the Browser Application and Software, modifying it in any way, or disassembling the Browser Application and Software. Any modifications to the Browser Application and Software shall remain the exclusive property of CouponPaste. CouponPaste may in its sole discretion and for any reason discontinue your right to access and use the Browser Application and Software. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Browser Application and Software or this EULA. You must be more than 18 years of age in order to enter into this EULA for the licensing of the Browser Application and Software and use of the Application and Software. As a condition of your using our Browser Application and Software, you represent that you are at least 18 years old. CouponPaste has no control over other sites which you may access, including those sites which are linked to our Site. Therefore, CouponPaste is not responsible for the content or function of any other site, and disclaims any liability for any aspects of any sites you access via direct access or access through our Site or Browser Application and Software functionality.
4b. UNINSTALLING THE APPLICATION AND SOFTWARE: Should you decide that you no longer wish to have the Browser Application on your computer, you can uninstall the Browser Application at any time by following the instructions provided. If your computer uses the Microsoft Operating System, you can also uninstall the Toolbar by using the Add/Remove Programs feature in the Windows Control Panel. If you are using a different operating system, such as Mac or Linux with FireFox browser, you will be able to uninstall the browser software using the standard program uninstall features provided with those systems. In addition, we shall have the right to terminate your access to and use of the Browser Application at any time if we determine, in our sole discretion, that you have violated this EULA, the CouponPaste Privacy Policy or Couponpaste Terms of Use or if we decide to discontinue offering the Browser Application.
5. Updates to the Browser Application and Software and Modifications to EULA We may, but are not required to, issue updates to the Browser Application from time to time which may include patches bug fixes, new features, new versions, or enhanced functionality (collectively, “Updates”). All such Updates are governed by this EULA. If and when we issue Updates to the Browser Application, we may, but are not required to make such Updates available to you. By first downloading and installing the Browser Application onto your computer, you agree that we may automatically provide such Updates to you at our discretion without any requirement for further approval from you or notification to you.
6. Termination of EULA You may terminate this EULA at any time by uninstalling the Browser Application and Software and destroying all copies of the Software. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. CouponPaste also may terminate this EULA at any time for any reason, without notice, in its sole discretion, in which case we will use reasonable efforts to notify you of such termination. In the event that the EULA is terminated for any reason, your rights to use the Browser Application and Software will immediately cease and you must uninstall the Browser Application and Software and all copies of the Browser Application and Software must be destroyed.
7. Dispute Resolution Any disputes and/or claims arising out of this EULA, the Browser Application and Software, the use of the Site and/or any products and services acquired under or relating to this EULA shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in the state of Nevada. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. We will pay the costs of the arbitrator. Except for the costs of the arbitrator, each party shall bear its own costs, including any attorneys’ fees. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief to protect our intellectual property rights in and to our Browser Application and Software.
8. Limitation of Liability, YOUR EXCLUSIVE REMEDY. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CouponPaste OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE BROWSER APPLICATION AND SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CouponPaste HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CouponPaste SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR BROWSER APPLICATION AND SOFTWARE WITH ANY OTHER SOFTWARE. IN ANY CASE,CouponPaste’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO $100. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.(b) IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CouponPaste AND ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS EULA AND THE BROWSER APPLICATION AND SOFTWARE SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS ($100.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.(c) THE LIMITATIONS IN THIS SECTION 8 SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION 8(a) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.9. YOU HAVE LIMITED TIME TO BRING YOUR CLAIMS. YOU AND CouponPaste AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE BROWSER APPLICATION AND SOFTWARE MUST COMMENCE WITHIN ONE (l) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES You are fully responsible for your activities using the Browser Application and Software. You shall not use the Software in any way that is unlawful or that harms us or any other party in any way.
11. Export Restrictions You acknowledge that the Browser Application and Software licensed hereunder are subject to the export control laws and regulations of the United States. You confirm that with respect to the Browser Application and Software, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the Browser Application and Software may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the Browser Application and Software, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
12. General Terms of EULA The laws of the State of Nevada govern the performance and interpretation of this EULA, without regard to any conflicts of laws provisions. This EULA, as it may be modified from time to time, constitutes the entire agreement under which CouponPaste allows you to use the Browser Application and Software. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force. In addition to any other limitations which may be set forth herein, CouponPaste shall not be responsible for events which are out of the control of CouponPaste and which negatively impact the performance or use of the Browser Application and Software, such as acts of God, acts by governmental authorities, or other acts not within the control of CouponPaste.The terms of this EULA are in addition to the terms of the Membership Agreement which you agreed to when you became a member in the CouponPaste program. In the event of any conflict between the terms of this EULA and the terms of the Membership Agreement, the terms of this EULA shall prevail.
Questions or Comments
If you have questions or comments about this EULA, please email us at [email protected].
