Last updated January 20, 2009
1. Use of Online Coupons.
Coupon Tweet provides online coupons as a free service to its Users. Coupon Tweet is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. Coupon Tweet has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Coupon Tweet has no control over whether Affiliate Merchants will honor the offers shown on Coupon Tweet, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the Coupon Tweet website or the use of information from the website, you agree to waive and release Coupon Tweet from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
COUPONT TWEET IS BEING PROVIDED BY COUPON TWEET AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COUPON TWEET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO COUPON TWEET, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT COUPON TWEET WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST Coupon Tweet AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. COUPON TWEET DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. Coupon Tweet DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND COUPON TWEET ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE [REBATES] BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT. IN NO EVENT SHALL COUPON TWEET BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF COUPON TWEET; ANY ACT OR OMISSION BY COUPON TWEET IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF COUPON TWEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD COUPON TWEET, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF Coupon Tweet, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELLOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
3. Amendment to Agreement.
THE TERMS AND CONDITIONS SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; COUPON TWEET WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID TERMS AND CONDITIONS, INCLUDING ANY AND ALL UPDATES THERETO. COUPON TWEET WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE COUPON TWEET SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations.
You agree to comply with all applicable laws, rules and regulations. You may participate in Coupon Tweet if and to the extent that such participation is permitted by such laws, rules and regulations. Coupon Tweet may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.
5. Proprietary Rights to Content.
You acknowledge that Coupon Tweet content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Coupon Tweet communication, advertisements or messages, whether by Coupon Tweet or Coupon Tweet advertisers or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by Coupon Tweet, its advertisers and Affiliated Merchants, as the case may be.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with Coupon Tweet.
(b) Coupon Tweet reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with Coupon Tweet is terminated for any reason, either by you or by Coupon Tweet, you shall forfeit any and all earned Cash Back in your account.
All Coupon Tweet notices will be given by email, postal mail, or by general posting to the Coupon Tweet website.
Coupon Tweet failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflicts of law rules.
10. Severability of Provisions.
Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.