Date of last revision: June 1, 2012
Adpeak, Inc., a
Delaware corporation, doing business as “CouponAmazing“ (“CouponAmazing“), provides access to the
free CouponAmazing Toolbar software (the “Toolbar“) on the CouponAmazing.com website at
(along with all subdomains, collectively, the “Site“).
By using this Site (and its related sites, services and tools, including without limitation,
Your use of the Toolbar is governed by the CouponAmazing Toolbar License Agreement at: http://www.CouponAmazing.com/EULA.php/ (“License Agreement“).
you must leave this Site immediately. Your further use of the Site will be considered as acceptance of
You may not use this Site if you are not of legal age to form a binding contract with CouponAmazing.
If you are under 18 years old, you must leave this Site immediately.
CouponAmazing reserves the right to update and change, from time to time, this TOU and all documents
incorporated by reference. You can find the most recent version of this TOU at:
CouponAmazing will post a notice on its home page that this TOU has changed.
Use of the Site after such changes constitutes acceptance of such changes.
YOU ACKNOWLEDGE BY YOUR FURTHER USE OF THE SITE THE FOLLOWING: (i) THE THIRD-PARTY PRODUCT NAMES,
LOGOS, BRANDS, AND TRADEMARKS (THE “THIRD PARTY TRADEMARKS”) SHOWN ON THE SITE AND THE TOOLBAR,
INCLUDING WITHOUT LIMITATION, YOUTUBE AND ANY THIRD PARTY TRADEMARK OWNED BY YOUTUBE, INC. OR ANY
OF ITS AFFILIATES, LICENSORS OR LICENSEES ARE THE PROPERTY OF THEIR RESPECTIVE TRADEMARK OWNERS,
LICENSORS OR LICENSEES; (ii) THESE OWNERS ARE NOT AFFILIATED WITH THE SITE OR THE TOOLBAR; AND (iii)
THESE OWNERS: (a) HAVE NOT LICENSED THE USE OF THE THIRD PARTY TRADEMARKS ON THE SITE OR THE TOOLBAR;
(b) HAVE NOT IN SOME OTHER WAY APPROVED THE USE OF THE THIRD PARTY TRADEMARKS ON THE SITE OR THE TOOLBAR;
AND (c) DO NOT SPONSOR, APPROVE OR ENDORSE THE SITE OR THE TOOLBAR, OR ANY CONTENT, PRODUCTS, SERVICES OR
ACTIVITIES OF THE SITE OR THE TOOLBAR.
1) CouponAmazing Intellectual Property.
a) Our Site and all of its contents (collectively, the “Intellectual Property“), are
protected by copyright, trademark and other laws of the United States, as well as international
conventions and the laws of other countries. The Intellectual Property is owned or controlled by
CouponAmazing or the party credited as the provider of the intellectual property. Additionally, the Site
itself is protected by copyright as a collective work or compilation or both.
b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise
exploited for any commercial purpose that is not expressly permitted by CouponAmazing.
c) You may browse through the Site and download the Toolbar. You must keep intact all
copyright, trademark and other notices contained in your personal copies. Except as otherwise provided
in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials,
nor may you make them available electronically without our express written consent. You may not save or
archive a significant portion of the material appearing on the Site. You may not attempt to alter or
modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy,
download, display, distribute, publish, enter into a database, perform, modify, create derivative
works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our
Intellectual Property or the Site itself.
2) Use of the Site.
You may not use this Site for
any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site.
You agree not to use any automated means, including, without limitation, agents, robots, scripts,
or spiders, to access, monitor, or copy any part of this Site, except those automated means that
CouponAmazing has expressly approved in writing in advance. You promise that none of your communications
with or through the Site will violate any applicable local, state, national or international law.
3) Third Party Sites and Services.
This Site may
contain links to other sites owned by third parties. Your use of each of those sites is at your own
risk and is subject to the terms of those sites. CouponAmazing has no control over sites that are not ours,
and CouponAmazing is not responsible for any changes to or content on them. CouponAmazing assumes no responsibility
for the content of or services offered by linked third-party sites, and makes no representations
regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web
sites linked to or from this Site reflect only the views of their authors and not of CouponAmazing.
CouponAmazing’s inclusion on the Site of any third-party content or a link to a third-party site is
not an endorsement of that content or third-party site.
The CouponAmazing plug-in contains in-text advertising where specific keywords within the text of a
webpage are matched with advertising and/or related information. Topics or keyword phrases are
automatically matched and products or services relevant to those topics or keyword phrases will
appear on the webpage as a double underline. In addition, the CouponAmazing plug-in may also
contain banner ads and interstitial advertising where full-screen web pages are displayed between
the current and destination page for a restricted amount of time.
5) Disclaimer of Warranties.
a) CouponAmazing DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR
THROUGH THE TOOLBAR. USE OF THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE
SITE OR THE TOOLBAR IS AT YOUR SOLE RISK. THE SITE, THE TOOLBAR AND ALL CONTENTS OF EACH
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b) CouponAmazing DOES NOT WARRANT THAT THE SITE OR TOOLBAR WILL MEET ANY REQUIREMENTS
OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR TOOLBAR WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR TOOLBAR WILL BE CORRECTED, OR THAT THE SITE
OR TOOLBAR ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. CouponAmazing IS NOT OBLIGATED TO PROVIDE ANY
UPDATES TO THE SITE OR TOOLBAR.
c) CouponAmazing DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON T
HIS SITE OR TOOLBAR IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WHILE CouponAmazing MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE,
YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS
ALL THE RELEVANT INFORMATION AVAILABLE ABOUT CouponAmazing. CouponAmazing UNDERTAKES NO OBLIGATION TO VERIFY OR
MAINTAIN THE CURRENCY OF SUCH INFORMATION.
d) CouponAmazing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
RELATING TO THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE SITE OR THE TOOLBAR, OR THE
ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE
USING THE SITE OR THE TOOLBAR, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6) Limitation of Liability.
a) CouponAmazing IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES
ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR TOOLBAR BY YOU OR BY THIRD PARTIES OR
ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE
SITE OR TOOLBAR, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR TOOLBAR, WHETHER SUCH
DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED CouponAmazing
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR
b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CouponAmazing IS
FOUND LIABLE UNDER ANY THEORY, CouponAmazing’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH
RESPECT TO THE SITE AND THE TOOLBAR AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY D
AMAGES NOT TO EXCEED $100.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN
SECTIONS 5 AND 6. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 5 AND 6 MAY NOT APPLY
TO YOU. IN SUCH CASE, THE TERMS OF SECTION 8(e) (SEVERABILITY) BELOW WILL APPLY.
You will defend, indemnify
and hold CouponAmazing harmless from any claim or demand, including attorneys’ fees and costs, made by
any third party in connection with or arising out of your use of the Site, your violation of any
terms of this TOU, your violation of applicable laws, or your violation of any rights of another
person or entity.
License Agreement constitute the entire understanding between CouponAmazing and you respecting use of the Site and the
Toolbar, superseding all prior agreements between you and CouponAmazing. If there is any conflict between the terms thi
, the terms of this TOU will control,
imposes additional restrictions
and liabilities on your actions. If there is any conflict between the terms of this TOU and those in the License
Agreement, the terms of the License Agreement will control, except to the extent that this TOU imposes additional
restrictions and liabilities on your actions.
b) Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled
by us from our office in Florida, United States of America. It can be accessed from all 50 states of the United
States and from all around the world. As each of these jurisdictions has laws and regulations that may differ
from those of Florida, by accessing this Site you and CouponAmazing agree that the laws of Florida (expect for conflicts
of laws principles) will apply to all matters relating to use of this Site. Exclusive jurisdiction must lie with
the courts of Florida for all disputes, actions or proceedings arising out of or relating to your use of the Site.
In any dispute that arises out of the relationship of CouponAmazing and you, including tort claims, the prevailing party
will be entitled to attorneys’ fees and costs.
c) Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of
action arising out of or related to the Site, or the use of the Site, must be filed within one year after such
claim or cause of action arose.
d) English Language Controls. This English-language TOU is CouponAmazing’s official agreement with users
of this Site. In case of any inconsistency between this English-language TOU and its translation into another l
anguage, this English-language document controls.
e) Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable,
then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original
provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must
not be affected or impaired.
f) Waiver. No failure or delay on the part of CouponAmazing in exercising any right, power or
remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right,
power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise
of any other right, power or remedy under this TOU.
If you have questions about this TOU or want to contact us, please send an email to support@CouponAmazing.com
or write to us at:
5760 Mead Ave.
Sarasota FL, 34233