Terms of Use

Welcome to 8coupons.com! Briefly, 8coupons inc. provides local printable and mobile coupons (SMS) by way of its website located at www.8coupons.com.

The following "Terms of Use" constitutes an agreement between 8coupons inc. ("8coupons," the "Service" or "our", "us" or "we") and you, the visitor, member, advertiser or business owner collectively, including all content available through the 8coupons.com domain name, the "Website."

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OR ACCESS OF THIS WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN ("TERMS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.

 

1. Acceptance of Terms and Conditions

Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; 8coupons.com privacy and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Website.

 

2. Proprietary Rights

This Website is owned and operated by 8coupons inc. and contains material that is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Website including code and software without the express written permission of 8coupons inc.

8coupons reserves the right, in its sole discretion, and at anytime, to update and change the "Terms of Use" without notice to you, and such changes will be effective immediately upon posting. Please review the Terms of Use regularly so that you will be apprised of any modifications. Modifications to the Terms of Use will be effective upon posting to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use, your right to use this Website will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the Website.

 

3. General Website Content

These Terms of Use apply to all users of the Website, including users who are also contributors of reviews and other materials or services on the Website, if applicable. The Website may contain links to third party websites that are not owned or controlled by 8coupons. 8coupons has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 8coupons will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve 8coupons from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

In addition, you acknowledge that the coupons available through 8coupons.com and all of our other interactive services are offered on an "AS IS" basis. You understand that 8coupons does not control, monitor, filter or edit coupons in any way. As a result, you understand that 8coupons is not responsible for the accuracy or reliability of any content or coupon passing through 8coupons.com by advertisers. 8coupons.com may contain links to third party websites, applications, or programs that are not controlled by or affiliated with 8coupons. As a result, 8coupons is not responsible for the content, offers or privacy policies of such websites, applications, or programs.

You will not disrupt the functioning of the 8coupons.com system or otherwise act in a way that interferes with other users' use of 8coupons.com.

8coupons.com may transfer non-personally identifiable search information to third parties for the purpose of presenting visitors with targeted advertisements. Any visitor may contact us for information on how to opt out at any time.

8coupons.com may also allow advertisers and other third parties to place cookies onto your computer when you visit this website. A "cookie" is a small text file that contains a string of letters, numbers and characters. Internet browsers store "persistent cookies" in a folder on your computer where they remain until the cookies expire or you delete them. The cookies placed by advertisers and other third parties are used to keep track of the web searches you make while visiting this website, as well as your web surfing behavior on this website and other websites you may visit. That information is used to show you advertisements tailored to your interests on this and other websites, and/or to keep track of your response to each ad.

We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on 8coupons.com originating with or otherwise provided by third parties.

8coupons.com and its associated merchants are not responsible for the accuracy of user submitted content.

We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through 8coupons.com that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view the adult-oriented sites listed with 8coupons.com.

 

4. Website Access for Consumers

A. 8coupons hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the Website, you may have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information as requested by us. If you register, you may communicate with 8coupons and other Users, post or publish comments or rating features, as may be made available at our complete discretion, a message board, chat area, bulletin board, feedback area, news group, email functionality or other communication feature. All such communications are referred to after this as "Comments". You are solely responsible for all Comments. If you have a review featured on the Website, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We disclaim all liability relating to your Comments. You may not submit any Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

C. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.

 

5. Participation at Your Own Risk

By using 8coupons.com and any of our other interactive services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the content made available through 8coupons.

You further understand that 8coupons does not guarantee that any coupon is or will be valid or honored by any business or advertiser. By using this Website, you also agree to indemnify, defend and hold 8coupons harmless from any loss or damages associated with the coupons and/or content made available through this service.

Although the Website enables users to connect and share Comments with one another, 8coupons has no responsibility to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and Comments made available on the Website. Some people may find the reviews, advertisements and Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and Comments. We assume no responsibility for monitoring any reviews, advertisements and Comments or conduct during use of the Website. We are also under no obligation to modify or remove any reviews, advertisements and Comments and assume no responsibility for a User's conduct during his or her use of the Website. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and Comments.

 

6. Customer interactions with businesses, merchants, or organizations hereinafter referred to as "Business"

Your interactions, including payment and delivery of goods, services or information, with each vendor or advertiser which offers a coupon on the Website (each a "Business") are solely between you and the Business. You agree that 8coupons shall not be responsible or liable for any loss or damage of any sort, incurred as a result of any such business dealings.

8coupons shall make commercially reasonable efforts to ensure the integrity of all offers made available though the Website by way of our coupon flagging feature, but we do not guarantee in any way that a particular coupon offer will be valid or that it will be honored by the Business offering such promotion.

 

7. User Submitted Content and/or Deals

You acknowledge that any and all messages, Comments, coupons or other content ("Content") posted by you on the Website are your sole responsibility. 8coupons.com is and will remain owner of all other material used on the Website. 8coupons.com is not responsible for any Content posted; furthermore, it does not vouch for or warrant the accuracy, completeness or usefulness of any submission, and is not responsible for the contents of any submission. By using the service provided by this Website you agree to hold responsibility for all Content that you submitted. 8coupons.com has no obligation to monitor user submitted content. However 8coupons.com reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Website, you agree not to post any materials containing unlawful, defamatory, violation to other person's privacy, distributing of unsolicited advertising, sexual, racial or religious content. You will indemnify and hold harmless 8coupons.com from any third-party claim related to a breach of any of the foregoing representations and warranties. You also agree that you will not seek to enforce any copyright on a specific coupon offer.

You agree not to post any copyrighted material unless the copyright is owned by you or by the Website, and 8coupons.com disclaims any and all liability connected with any infringing use of third party materials by you. You agree to not engage in the use, copying, or distribution of any of the Information other than expressly permitted herein, including any use, copying, or distribution of Comments obtained through the Website for any commercial purposes. If you download or print a copy of the Information for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Website or the Information therein.

Information on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. 8coupons.com reserves all rights not expressly granted in and to the Website and material not deemed to be Content.

By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use 8coupons.com's name, logo, trademark, trade names or service marks except as expressly permitted in the Terms of Use without 8coupons's prior written consent.

You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the 8coupons.com directory and to grant 8coupons.com a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.

 

8. Integrity of Content and/or coupon

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of 8coupons or any third party.

 

9. (SMS) Mobile Coupon Feature

8coupons provides SMS mobile coupon service to you free of charge. However, you understand that when you use the 8coupons SMS mobile coupon service, you will be subject to charges imposed by your wireless carrier or other Internet provider, as applicable. Payment of such charges shall be your sole responsibility.

Additionally, you also understand that 8coupons does not guarantee that the mobile coupon feature will function or that mobile coupons will work with all wireless carriers or cell phones.

 

10. Coupon Ratings

Users may rate and publish reviews or comments on each coupon posting ("Comments"). Comments will be integrated in 8coupons proprietary rating system, "The Top 8 Deals," which is comprised of an algorithm of ratings, clicks, clips, and other metrics to determine a coupon's "value." In no way, shape, or form are advertisers or businesses able to "pay" to get into The Top 8 Deals.

 

11. Privacy Policy

8coupons is committed to protecting the privacy of our users. As such, these Terms of Use state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; [www.8coupons.com/privacy] and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Website.

 

12. Disclaimer

A. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

B. 8COUPONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

C. 8coupons expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use.

D. 8coupons assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person's computer related to or resulting from use of the Website.

E. Under no circumstances shall 8coupons be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any reviews, advertisements or Comments posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.

F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

13. Limitation of Liability

A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, 8COUPONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL 8COUPONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF 8COUPONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. 8coupons shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to 8coupons's infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, 8coupons will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

14. Indemnity

You agree to defend, indemnify and hold harmless 8coupons, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

15. Coupon Account Service

Your account is on a "pay-as-you-go" membership. You can cancel your account at any time by giving 8coupons written notice at give_us_feedback[AT]8coupons.com.

You agree that 8coupons, at its sole discretion, may delete or deactivate your account, block your IP address or email or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any Content from the service, for any reason, including, without limitation, if 8coupons believes that you have acted in a manner that is inconsistent with these Terms of Use, or the spirit thereof. Further, you agree that 8coupons shall not be liable to you or any third-party for any termination of your access to the service.

 

16. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Web Site is not intended for children under 18. If you are under 18 years of age, then please do not use the Website—there are lots of other great web sites for you. Speak to your parents about what sites are appropriate for you.


17. Independent Relationship

You and 8coupons are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any reviews or advertisements, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and 8coupons. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.

 

18. Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the County of New York, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of New York and the Federal District Court for the Southern District of New York, located in New York County, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts.

 

19. Violations of Terms

Please report any violations of these Terms of Use by flagging the coupon(s) or posting(s) for review by 8coupons staff, or by e-mailing to give_us_feedback[AT]8coupons.com.

 

20. Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between you and 8coupons regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and 8coupons relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.

 

21. Miscellaneous

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 8coupons without restriction. The failure to require performance of any provision shall not affect 8coupons's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire and exclusive understanding and agreement between you and 8coupons regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and 8coupons relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.

 

22. Feedback

Our goal is to make 8coupons services as useful to you as possible, so we welcome all and any of your feedback!! Please send them to us at give_us_feedback[AT]8coupons.com.

YOU AND 8COUPONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: Current: July 8, 2008