Agreement and Terms of Use
Agreement and Terms of Use

Effective and Last Updated: May 24, 2012

READ THIS AGREEMENT AND TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This webpage contains the Terms of Use between you (“you”, “your”, “purchaser”, “user”, “buyer”) and Couptopia, Inc. (“Couptopia”, “we”, or “us”) governing your access to and use of www.couptopia.com (the “Website” or “Site”). If you do not accept these Terms of Use, in their entirety, or if you do not meet or comply with their provisions, you may not use the Website.

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR AGREEING TO THESE TERMS OF USE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

2. Changes to Terms

Couptopia may, at any time and from time to time, in its sole discretion and without notice to you, make changes to (i) these Terms of Use; (ii) this Website, including its look, feel, format, and content, as well as (iii) the products and/or services as described in this Website. You can always find the most recent version of the Terms of Use here. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which your access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have agreed to all terms and conditions then in effect.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Couptopia makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Voucher Use, Offer Restrictions and Expiration Policy

An offer purchased by a user is uniquely identified on a voucher issued to the purchaser and each voucher may not be used more than once. Vouchers cannot be redeemed for cash and must be used only at the merchant named on the voucher. Unless otherwise stated on the voucher, you must use the voucher in one visit (you will not receive cash back or store credit for unused amounts). Maintaining the security of a voucher is a user’s responsibility and neither Couptopia nor the participating merchant is responsible for misuse or for lost or stolen vouchers.

Any known limitations applicable to offers are published on the Website offer notification and on the voucher. Examples of such limitations include timeframes applicable to the discount benefit, age requirements, redemption policies for use of multiple vouchers and other restrictions. A user who disagrees with any applicable restrictions, after purchasing an offer, will not be entitled to a refund or credit. Accordingly, it is your responsibility to review all terms and limitations on a promotional offer before purchasing a voucher.

Offer expiration is subject to applicable law. A buyer is not entitled to receive the promotional value of an offer after an offer’s expiration date. The voucher’s purchase price (i.e., the amount a purchaser paid for the voucher) will remain available toward the goods/services identified on the voucher at the participating Merchant without expiration.

5. Withdrawal of User’s Access to the Site

Couptopia has the right to limit or exclude a user’s authorization to purchase offers at the Website for reasons including but not limited to (i) failure to comply with these Terms of Use; (ii) unauthorized or fraudulent use of vouchers; and (iii) efforts to circumvent any security features of the Website.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination, restriction, or suspension of your authorization to purchase offers on the Website, at Couptopia's sole discretion without notice or liability, and you may be reported to appropriate law-enforcement agencies.

6. Provider of Services, Credits

Couptopia makes its offers available by arrangement with the Merchant. All purchases and sales effectively originate from the Merchant. If you have any difficulties with a voucher, we request that you attempt to resolve it with the Merchant. In the event you are still not satisfied, Couptopia will make a reasonable effort to assist you in resolving the issue with the Merchant. Although we reserve the option to issue you a credit, we do not guarantee that credits will be issued. Final resolution of disputes will be between you and the Merchant.

Please be reminded that Merchant offers represent a significant discount off usual Merchant charges for goods or services and are intended to encourage your continued patronage of Merchant businesses. All customary sales taxes and gratuities remain in effect and are not waived by use of a voucher.

7. Couptopia User Incentives

Couptopia may from time-to-time offer its Website users incentives in forms such as discounts, credits, honorary mentions, rewards, and game challenges. Such incentives are intended to promote use of the Couptopia Site. Any such incentives are offered solely by Couptopia and are in addition to and separate from Merchant offers at the Website. In some circumstances, such as games and rewards, Couptopia may publicize the results of these activities so that site users have evidence that such incentives are authentic. User identification will be limited to first name and Town, and Couptopia’s intent to make such notifications will be identified by Couptopia when the incentive offer is made. A user’s participation in the incentive will be deemed acceptance of these terms.

8. Accounts and Security

Couptopia does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, which is required for users to purchase offers made at the Couptopia Website, each user must provide an email address (“User Name”) and choose a password (“Password”) to create an account with Couptopia (“Account”).

You may not:

(i) Select or use a User Name of another person with the intent to impersonate that person;
(ii) Use a User Name subject to the rights of any other person without authorization;
(iii) Use a User Name that the Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Couptopia of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Couptopia offers its services to persons age eighteen (18) or greater unless otherwise noted on a specific offer. Any person who Couptopia determines is using the Site and who does not meet this criterion shall have their account disabled. Merchants may further restrict their offers to age limitations, to the extent allowable under applicable laws.

9. User E-Mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Couptopia shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

10. Scope of Use, Copyrights and Trademarks

All content in this Site is the property of Couptopia, or is licensed to Couptopia. The materials at this Website, as well as the organization and layout of this Website, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out from this Website, or portions of the Website, must include Couptopia’s copyright notice. Couptopia reserves all rights not expressly granted. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not store, modify, reproduce, reverse engineer, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Couptopia. The systematic retrieval of data from the Website is also prohibited.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Couptopia. You may not use a part of this Website on any other Website, without Couptopia’s prior written consent. These Terms of Use do not grant you any right, title or interest in the intellectual property of Couptopia or its licensors.

Couptopia respects the intellectual property rights of others and expects our users to do the same. The policy of Couptopia is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@couptopia.com and provide us with the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Couptopia does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use apply only to Couptopia’s Website and the services Couptopia offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Couptopia reserves the right to terminate any link or linking program at any time. Couptopia disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Couptopia’s written permission. If you are interested in linking to this Website, please contact info@couptopia.com.

12. No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Couptopia that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

13. Your Comments and Suggestions

We appreciate comments and suggestions. Any such information that you submit to us, whether through this Website or by email, mail, telephone, fax or any other method, will be considered non-personal, non-confidential and non-proprietary to the fullest extent permitted by these Terms of Use, our Privacy Policy and applicable law.

14. Spamming

Gathering email addresses from Couptopia through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Couptopia should be directed to: info@couptopia.com.

15. No Warranties

WE ARE NOT RESPONSIBLE FOR THE OFFERS AND ARE ONLY OFFERING A MARKETING / ADVERTISING SERVICE TO THE MERCHANTS (INCLUDING COLLECTION OF PAYMENT FOR VOUCHERS).

MERCHANT IS THE SELLER OF THE VOUCHERS AND PRODUCTS AND/OR SERVICES.

COUPTOPIA MAKES NO WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH THE MERCHANTS OR THEIR PRODUCTS AND/OR SERVICES.

YOUR USE OF THE MERCHANT’S PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND ANY CONTENT, INCLUDING WITHOUT LIMITATIONS, THE DEALS AND VOUCHERS, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH COUPTOPIA EXPRESSLY DISCLAIMS. COUPTOPIA DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND COUPTOPIA WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. COUPTOPIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COUPTOPIA. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

16. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of New Hampshire USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or in any way related to this Website or these Terms of Use more than one (1) year after such claim or cause of action arose. Sections 10, 13, 15, 16, 22, 23 and 24 of these Terms of Use as may be amended from time to time, will survive any termination of the Terms of Use. Couptopia reserves the right to cede, assign and delegate all or any of its rights hereunder.

17. Separate Agreements

You may have other agreements with Couptopia. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Couptopia.

18. U.S. Resident

You represent that you are a United States resident.

19.No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

20. User’s Disputes

You are solely responsible for your interactions with other Users. Couptopia reserves the right, but has no obligation, to monitor disputes between you and other Users.

21. User Submissions and Communications

If you submit any business information, idea, concept or invention to Couptopia by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Couptopia a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Couptopia may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to Couptopia by email. We try to answer every email in a timely manner, but are not always able to do so.

Couptopia has no liability or responsibility to users of the Couptopia Website or any other person or entity for performance or nonperformance of the aforementioned activities.

22. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Couptopia confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New Hampshire, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. The arbitrator shall not disclose such information without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

For all matters to which arbitration does not apply, you agree that the only proper venue for any dispute will be in the state or federal court in New Hampshire and you hereby consent to personal jurisdiction of those courts for the purposes of litigating such disputes.

23. Limitation of Liability

YOUR USE OF THIS SITE AND THE MERCHANT’S VOUCHER AND PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUPTOPIA SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF MERCHANT GOODS OR SERVICES, INCLUDING DISSATISFACTION WITH MERCHANT’S PRODUCTS AND/OR SERVICES, LOSS OF VOUCHER OR VOUCHER CODE, BREACH OF WARRANTY BY MERCHANTS, ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF COUPTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COUPTOPIA.

24. Indemnity

You agree to defend, indemnify, and hold Couptopia, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your violation of these Terms of Use by you or any other person accessing the Site using your Account; (ii) any claim related to the Merchant’s products and/or services, including but not limited to injury or death as a result of using Merchant’s products and/or services and (iii) any action or omission by the Merchant, including but not limited to, Merchant’s failure to abide by the terms of the voucher.

25. Contact us

If you would like to request additional information regarding these Terms of Use, please contact us at info@couptopia.com.