FindnSave Terms of Service
Last Updated: October 27, 2014
Welcome to FindnSave’s service, which is made available by FindnSave, Inc. ("FindnSave"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our shopping-related services which you can access via our website located at findnsave.com (the "Site") and our mobile device applications ("Apps").
To make these Terms easier to read, our Site, Apps and the services offered via our Site and Apps are collectively called the "Services."
PLEASE NOTE THAT WHEN YOU ACCESS THE SERVICES VIA THE FINDNSAVE-BRANDED SECTION OF A THIRD PARTY WEBSITE, THESE TERMS ONLY GOVERN YOUR USE OF THAT FINDNSAVE–BRANDED SECTION AND NOT THE THIRD PARTY WEBSITE. ADDITIONAL THIRD PARTY TERMS MAY GOVERN YOUR USE OF THE THIRD PARTY WEBSITE ITSELF. FINDNSAVE IS NOT RESPONSIBLE FOR THE THIRD PARTY WEBSITES OR ANY SUCH THIRD PARTY TERMS AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms via the Site or Apps or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this via the Services by following the "Sign Up" instructions, or through your account with certain third-party social networking services such as Facebook (each, an "SNS Account"). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
Viewing Merchant Products
Via the Services, Account holders, can (i) browse, review, save, print, email and share with SNS Accounts products made available by local merchants and (ii) "like", "save" and "follow" categories of products, items, lists, users, and merchants featured on the Services in order to receive customized Content via the Services.
PLEASE NOTE THAT FOR THIS FEATURE OF THE SERVICES IT IS THE INDIVIDUAL MERCHANTS AND NOT FINDNSAVE WHICH MAKE PRODUCT DESCRIPTIONS AND RELATED COUPONS AVAILABLE AND FINDNSAVE DOES NOT GUARANTEE THE AVAILABILITY, PRICE, OR OTHER TERMS OF ANY SUCH PRODUCTS OR COUPONS. THERE MAY ALSO BE MERCHANT TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF ANY COUPONS. WE ENCOURAGE YOU TO REVIEW ANY SUCH TERMS AND CONDITIONS CAREFULLY BEFORE USING A COUPON. YOU UNDERSTAND AND AGREE THAT FINDNSAVE IS NOT RESPONSIBLE FOR ANY COUPONS, INCLUDING, BUT NOT LIMITED TO, REDEMPTION THEREOF OR TERMS AND CONDITIONS APPLICABLE TO USE OF THE COUPONS AND FINDNSAVE DISCLAIMS ALL LIABILITY IN THIS REGARD.
In addition, via the Services, Account holders, subject to these Terms and other applicable terms communicated to Account holders for a particular Incentive Campaign, may receive cash incentives for submitting receipts for purchases made from certain merchants and retailers ("Incentive Campaigns").
In order to be eligible to receive a cash incentive, the following conditions apply:
- You must be an Account holder
- You must make a purchase at the merchant or retailer identified in the particular Incentive Campaign description, at a merchant or retailer store, the location of which can be verified by FindnSave
- Your purchase must be made during the duration of the particular Incentive Campaign
- The same receipt cannot be submitted twice – either by you or another Account holder
- Your receipt must be authentic, and must not be blurred, damaged or otherwise difficult to read, and must not be altered in any way, to be determined by FindnSave in its sole discretion
- You may not participate in a particular Incentive Campaign more than once
In addition, you agree that the cash incentives available to you via your participation in Incentive Campaigns offered over a designated period, are limited to the amounts communicated to you with the applicable Incentive Campaigns. For example, we may set the upper limit of cash incentives payable to an individual Account holder for a particular holiday period at $100 per Account holder.
You agree to allow up to seven (7) days after the end of an Incentive Campaign for verification of the applicable requirements and up to fourteen (14) days for cash incentives to be provided to you, if applicable.
PLEASE NOTE THAT CASH INCENTIVES WHICH ARE ASSOCIATED WITH PARTICULAR INCENTIVE CAMPAIGNS ARE AVAILABLE ONLY WHILE FUNDS COMMITTED TO THE INCENTIVE CAMPAIGNS ARE AVAILABLE. ONCE THE FUNDS HAVE BEEN EXHAUSTED, THE CASH INCENTIVES WILL NO LONGER BE AVAILABLE OR PROVIDED TO USERS. CONSEQUENTLY, THERE IS NO GUARANTEE THAT YOU WILL ACTUALLY RECEIVE A PARTICULAR CASH INCENTIVE, EVEN IF YOU FOLLOW THE DIRECTIONS PROVIDED TO YOU IN CONNECTION WITH THE APPLICABLE INCENTIVE CAMPAIGN. FINDNSAVE MAY DISCONTINUE OR CHANGE THE TERMS OF THE INCENTIVE CAMPAIGNS AT ANY TIME WITHOUT OBLIGATION TO YOU. THE DETAILS OF EACH INCENTIVE CAMPAIGN WILL BE PRESENTED TO YOU WITH THE INCENTIVE CAMPAIGN VIA THE SERVICES.
Via the Services, Account holders, subject to these Terms Account holders for a particular Incentive Campaign, may also "like", "save" and "follow" categories of products, items, users, and merchants and retailers featured on the Services in order to view and receive customized Content and Incentive Campaigns via the Services.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, and (ii) “User Content” means any Content that Account holders provide through the Services to FindnSave. Content includes without limitation User Content.
FindnSave does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, FindnSave and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, FindnSave grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
By providing any User Content through the Services you hereby grant to FindnSave a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use and copy your User Content in connection with the Services.
Rights and Terms for Apps
Rights in App Granted by FindnSave
Subject to your compliance with these Terms, FindnSave grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. FindnSave reserves all rights in and to the Apps not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you download our Apps through or from any app store or distribution platform (like the Apple App Store or Google Play) where the Apps are made available (each, an "App Provider"), then you acknowledge and agree that:
- These Terms are concluded between you and FindnSave, and not with the App Provider, and that FindnSave (not the App Provider), is solely responsible for our Apps.
- The App Provider has no obligation to furnish any maintenance and support services with respect to our Apps.
- In the event of any failure of our Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for our App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to our Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FindnSave.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our Apps or your possession and/or use of our Apps, including, but not limited to: (i) product liability claims; (ii) any claim that our Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.
- In the event of any third-party claim that our Apps or your possession and/or use of the Apps infringes that third party's intellectual property rights, FindnSave will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of our Apps, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of our Apps against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using our Apps.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither our Apps nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using our Apps you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not: (i) copy, modify or create derivative works based on our Apps; (ii) distribute, transfer, sublicense, lease, lend or rent our Apps to any third party; (iii) reverse engineer, decompile or disassemble our Apps; or (iv) make the functionality of our Apps available to multiple users through any means.
Sweepstakes and Contests
FindnSave may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Services, as they may contain additional important information about FindnSave's rights to, and ownership of, the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control for the applicable Promotion.
You agree not to do any of the following:
- Upload, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, FindnSave's name, any FindnSave trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FindnSave's express written consent;
- Access, tamper with, or use non-public areas of the Services, FindnSave's computer systems, or the technical delivery systems of FindnSave's providers;
- Attempt to probe, scan, or test the vulnerability of any FindnSave system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FindnSave or any of FindnSave's providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FindnSave or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a FindnSave trademark, logo URL or product name without FindnSave's express written consent;
- Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
FindnSave respects copyright law and expects its users to do the same. It is FindnSave’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources
The Services and App may contain links or references to third-party websites or resources, including as noted above, to third party websites, products, coupons, merchants and retailers. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites or resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination or cancellation of Services or your Account, the following Sections will survive such termination or cancellation: Ownership, Warranty Disclaimers, Limitations of Liability, and Dispute Resolution.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify, defend and hold harmless FindnSave and its parent company, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, or (ii) your violation of these Terms.
Limitation of Liability
NEITHER FINDNSAVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINDNSAVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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.
IN NO EVENT WILL FINDNSAVE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINDNSAVE AND YOU.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the Services or these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Agreement to Arbitrate
You and FindnSave agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and FindnSave are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FindnSave otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and FindnSave otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and FindnSave submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. FindnSave will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, FindnSave will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if FindnSave changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of FindnSave’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and FindnSave in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between FindnSave and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FindnSave and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without FindnSave's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FindnSave may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by FindnSave under these Terms, including those regarding modifications to these Terms, will be given by FindnSave: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
FindnSave's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FindnSave. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact FindnSave at: FindnSave Inc. 100 Los Gatos-Saratoga Rd., Suite A, Los Gatos, CA 95032, or via email at email@example.com.