Welcome to DiscountMyCart.com. These Terms of Service (the “Terms“) are a binding legal agreement between you and DiscountMyCart.com Inc. (“DiscountMyCart.com” or “we”, “us”, “our”), regarding your use of the DiscountMyCart.com website and services at DiscountMyCart.com and other websites owned and operated by DiscountMyCart.com to the extent applicable (the website and services are collectively referred to as the “Service“). Please read this Agreement carefully.
We may periodically make changes to these Terms. By accessing or using the Service, you accept this Agreement and any modifications that we may make to the Agreement. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you do not agree to any provision of these Terms, you should not use the Service.
Please note that DiscountMyCart.com has financial relationships with some of the merchants listed on our website. DiscountMyCart.com may be compensated if consumers choose to utilize some of the links located throughout the content on this site and generate sales for the said merchant.
The Service and all information, data, and other content and materials available on the Service, including, without limitation, the DiscountMyCart.com logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of DiscountMyCart.com and its suppliers and licensors and are protected by U.S. and international copyright laws.
If you comply with all the terms and conditions of these Terms, DiscountMyCart.com grants you a limited, personal, revocable, non-transferable, and non-exclusive license to access the Service and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your personal, and non-commercial purposes only. The Service is for your personal use and not for resale or further distribution. This license is revocable at any time.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.
We provide online coupons to our users. DiscountMyCart.com is not responsible for the redemption, errors, omissions, or expiration of online coupons. It is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process at the applicable merchant website. All offers and promotions featured as a part of the Service are subject to change without notice and we have no control over the legality of any coupons or the ability of any merchant to complete the sale in accordance with the offers.
You may register for and maintain an account to access additional features, such as voting on deals, posting comments, and submitting your coupon deals to the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to DiscountMyCart.com, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security.
You will not: (a) use this Service for any commercial purpose; (b) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service (including, without limitation, the direct link to a coupon) for any purpose without our express written permission; or
(f) “frame”, “mirror” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
The Service may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store coupons, profile data, pictures, ratings or reviews, and other Content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
* Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
* Material that violates, or that causes DiscountMyCart.com or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
* Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
* Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
* Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such Material is allowed, such as the posting of coupons by non-commercial users);
* Comments that in any way refer to persons under 18 years of age;
* Personal data about any user;
* Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
* Material that, in the sole judgment of DiscountMyCart.com, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose DiscountMyCart.com or its users to harm or liability of any nature.
* DiscountMyCart.com takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although DiscountMyCart.com has no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, DiscountMyCart.com reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless DiscountMyCart.com indicates otherwise, you (a) grant DiscountMyCart.com and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant DiscountMyCart.com and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for DiscountMyCart.com or for third parties.
You acknowledge and agree that any materials, including but not limited to coupons, comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to DiscountMyCart.com (excluding material that you post on the Service in accordance with these Terms), are non-confidential and shall become the sole property of DiscountMyCart.com. DiscountMyCart.com will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In accordance with the Digital Millennium Copyright Act and other applicable law, DiscountMyCart.com maintains a policy of terminating, in appropriate circumstances and at DiscountMyCart.com’s sole discretion, account holders who are deemed to be repeat infringers. DiscountMyCart.com may also at its sole discretion limit access to the Service to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any Content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with DiscountMyCart.com’s designated agent as set forth below.
DiscountMyCart.com, Inc.
Attn: DMCA Complaints
2500 Broadway Suite F-125
Santa Monica, CA 90404
USA
Email: copyright [at] savings [dot] com
DiscountMyCart.com may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Service, electronic mail to a user’s email address in its records, or by written communication sent by first-class mail to a user’s address in its records.
DiscountMyCart.com, the DiscountMyCart.com logo, and any other product or service name or slogan contained on the Service and in any Content are trademarks of DiscountMyCart.com and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DiscountMyCart.com or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by DiscountMyCart.com.
The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. DiscountMyCart.com does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. DiscountMyCart.com undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any prWebsites or Third-Party Content to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DiscountMyCart.com, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless DiscountMyCart.com, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE OR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DiscountMyCart.com AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DiscountMyCart.com DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING DiscountMyCart.com THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
NEITHER DiscountMyCart.com NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DiscountMyCart.com OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF DiscountMyCart.com AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Notwithstanding any provision of these Terms, DiscountMyCart.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, DiscountMyCart.com reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in its sole discretion. Neither DiscountMyCart.com nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
By using the Service, you consent to receiving electronic communications from DiscountMyCart.com. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that DiscountMyCart.com sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
DiscountMyCart.com’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of California, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and DiscountMyCart.com concerning the Service. These Terms supersede all prior agreements or communications between you and DiscountMyCart.com regarding the subject matter of these Terms.
If you have any questions or concerns about the Service or these Terms, you can contact us through our website or write us at:
+1 (332) 333-7940
Jaqueline Herrera (Legal Inquiries)