Terms of Service
TERMS OF SERVICE
Last Revised on September 2018
These Terms of Service (“Terms”) are entered into by and between you and GSG North America LLC, a Delaware limited liability company (“the Company”, “we” or “us”). These Terms govern your access to and use of coupons.cnn.com, including any content, features, functionality and services offered on or through coupons.cnn.com (collectively, the “Services”).
Please note that Section 6 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 6.
TABLE OF CONTENTS 1. WHO MAY USE THE SERVICES2. THIRD PARTY PROMOTIONAL CODES3. RESTRICTIONS4. OWNERSHIP
5. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION6. ARBITRATION AND CLASS ACTION WAIVER
7. ADDITIONAL PROVISIONS
Who May Use the Services
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services.Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to access or use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet all of these requirements.
THIRD PARTY PROMOTIONAL CODES; Third Party Services and Materials
Promotional Codes. Through the Services, we offer certain coupons, promotional codes, referral codes, discount codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on third party products and/or services, subject to any additional terms that the Company or the applicable third party merchant (“Merchant”) establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service or otherwise) unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company or the Merchant at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company and/or the Merchant establishes for such Promotional Code; (f) unless stated otherwise, are not valid for cash or other credits or points; and (g) may expire prior to your use, and you understand that the Company is not responsible for the timing or operation of any expiration dates of Promotional Codes, which are under the sole and exclusive control of the Merchants. You agree that the Company is not a party to any transaction you make on a Merchant website in connection with your use of any Promotional Codes.
Use of Third Party Materials in the Services. The Services display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) and provide links and/or frames from the Services to Merchant websites. You are responsible for carefully reading the terms and conditions for any Merchant websites, including policies regarding use of Promotional Codes, sales, returns, warranties and privacy before using such Merchant websites or Promotional Codes. The Services do not sell any good or service to consumers and nothing in the Services shall be construed as an offer to sell anything or enter into any kind of business relationship. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, representations, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Merchant websites. You understand that any linking to or from the Services does not imply that the Company is endorsed by or has any particular relationship with any third party, or that the Company endorses such Third Party Materials or Merchant websites. We do not warrant or endorse, and do not assume, and the Company, its licensors, advertisers and other partners will not have, any liability or responsibility to you or any other person for any third-party services, Third Party Materials or Merchant websites, or for any other materials, products, or services of third parties. Third Party Materials and links to Merchant websites are provided solely as a convenience to you. You are knowingly and voluntarily assuming all rights of using Third Party Materials and Merchant websites to purchase goods and services and of using the Promotional Codes listed by the Services. If you have any complaints in connection with any Merchant website, please contact that Merchant website directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, trade name, slogan, logo, image, service mark or other proprietary notation displayed on or through the Services;
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
exploit the Services for any commercial purpose;
use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Services or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
use the Services for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your access or use of the Services;or
use the Services in any way not expressly permitted by these Terms.
Ownership of the Services. The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks. The Company name, “Global Savings Group”, “CNN” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners or licensors, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Disclaimers, Limitations of Liability and Indemnification
Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that all content or other material found on, provided by or through or included as part of the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The Company is not responsible for any statements, warranties, representations, offers, events or advertisements made by any Merchant or any other third party in any content or other material found on, provided by or through or included as part of the Services. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, advertisers, partners and licensors (collectively, the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the suitability of the content, information, services or materials contained on or received through access or use of the Services, or any sites linked to or from the Services, or any services or products received through or as a result of information provided by the Services, (b) the completeness, accuracy, availability, timeliness, security or reliability of the content or other material found on, provided by or through or included as part of the Services; (c) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (d) the operation or compatibility with any other application or any particular system or device; and (e) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, THE CONTENT, INFORMATION OR OTHER MATERIALS CONTAINED ON OR RECEIVED THROUGH ACCESS OR USE OF THE SERVICES, THE PRODUCTS OR SERVICES LISTED OR ADVERTISED ON THE SERVICES, OR ANY PRODUCTS OR SERVICES RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services or any products or services received through or as a result of information provided by the Services; or (d) your negligence or wilful misconduct.
ARBITRATION AND CLASS ACTION WAIVER
Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMSunder its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to firstname.lastname@example.org or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the coupons.cnn.com website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
Termination. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York.
How to Contact Us. You may contact us regarding the Services or these Terms at: c/o WeWork, 3340 Peachtree Rd. NE Suite 1010, Atlanta, GA 30326, or by e-mail at email@example.com.