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General
Sam's Coupons is, a wholly owned subsidiary of Web Legend, Inc. ("Web Legend")
provides you with access to this Web site and the services available on this
Web site. Access to and use of the Services (defined below in the Section, "Services")
is governed by these Terms and Conditions (the "Agreement"). By accessing
or using the Services, you indicate your assent to be bound by the Agreement,
and your acknowledgment of and agreement to its terms.
Services
The Services include Sam's Coupons(located at www.SamsCoupons.com).
The Services may also be located on third party web sites and/or applications.
Our Services enable you to locate the latest online coupons available from leading
merchants. We provide you with the latest available coupon listings which allow
you, the user, to receive discounts on purchases at merchants for whom we have
coupons.
The Services act
as a system or venue to introduce you to sellers of goods or services online.
Sam's Coupons uses reasonable efforts to ensure the availability of the information
and content, including coupon codes and expiration dates, that it makes available
through the Services. However, merchants have the ability to change or terminate
their promotional offers at any time, including but not limited to, the coupon
code and the expiration date. Since the Services are composed of content not
offered by Sam's Coupons, Sam's Coupons does not control (i) the terms of the
coupon or promotional offer made by the merchant; (ii) the availability or technical
capabilities of the merchant Web sites or links to their Web sites; (iii) the
quality, safety or legality of items available through or on merchant Web sites
or sites of third parties not in privity of contract with Sam's Coupons, (iv)
the truth or accuracy or legality of the content from those advertisers or those
third parties (even if such content appears on the Services), or (v) Web Legend
is not liable or responsible for content supplied by third parties, or for actions
you might take in reliance on that content.
Nothing contained
in any of the Services is an offer or promise to sell a specific product for
a specific price or that any merchant will sell any product or service for any
purpose or price or on any specific terms. Sam's Coupons does not guarantee
the price, terms, product, availability and/or services offered by any merchant.
For all of the
Services, Sam's Coupons is not involved in any transactions between you and
any of the merchants for whom we list coupons or promotional offers, and is
not responsible for, and does not guarantee the price or performance of any
goods, services or information provided by advertisers. If you have a dispute
with one or more merchants, you agree to release and hereby release Sam's Coupons
(and Sam's Coupons officers, directors, agents, subsidiaries, affiliates, employees,
successors, assigns, content providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If applicable, you waive California Civil
Code section 1542, which says:
"A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Only Personal
Use is Authorized
Under this Agreement, Sam's Coupons gives you permission to access and use the
Services for your personal use, and to copy, distribute and transmit the content
of the Services only to the extent that such copying, distribution, and transmission
is automatically done through your browser software incidentally to using the
Services for your personal use. You may also print a copy of the information
displayed on the Services for your personal use. That means, that except as
set forth above, you may not modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell any information,
products, or service obtained by your use of the Services. This restriction
means, among other things, that you may not mirror on your own Web site any
portion of the Services or display through your own Web site any results pages
or other information from the Services without Sam's Coupons express permission.
The technology
underlying, and content within, the Services is owned by Sam's Coupons and/or
its licensors (including Sam's Coupons merchants and other content providers)
and is protected by copyright and other intellectual property or proprietary
rights. If you use the Services other than as provided above, you may violate
copyright and other laws of the United States, other countries, as well as applicable
state laws and may be subject to penalties. That would not be a good thing.
As between you and Sam's Coupons, Sam's Coupons owns and retains all ownership
of the technology underlying and content within the Services, and reserves all
rights not explicitly granted to you in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Sam's
Coupons DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Sam's Coupons
Potential Liability for the Services is Limited
NEITHER Mezi Media NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS
WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICES. Sam's Coupons WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES
IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART
OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF Sam's Coupons, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY SUCH STATE LAW.
Defamation,
Copyright and Trademark Claims
Sam's Coupons is a provider of an interactive computer services for purposes
of 47 U.S.C. section 230. As such, its liability for others' conduct and information
is limited as described therein.
Further, Sam's
Coupons is a service provider pursuant to the Digital Millennium Copyright Act.
Pursuant to the Digital Millennium Copyright Act, Sam's Coupons has designated
an agent to receive notifications of alleged copyright infringement on the Services:
Business and Legal
Affairs
Web Legend, Inc
5313 Degas Ave
Temple City, CA 91780
phone 1-626-329-0886
E-Mail: service@samscoupons.com
In notifying Sam's
Coupons of alleged copyright infringement, you must include the following information:
A description of the copyrighted work that is the subject of claimed infringement
A description of the infringing material and information sufficient to permit
Sam's Coupons to locate the alleged material Contact information for you, including
your address, telephone number and/or email address A statement by you that
you have a good faith belief that the material in the manner complained of is
not authorized by the copyright owner, or its agent, or by the operation of
any law A statement by you, signed under penalty of perjury, that the information
in the notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed A physical or electronic signature
of the copyright owner or a person authorized to act on the owner's behalf
Failure to include
all of the above-listed information may result in the delay of the processing
of your complaint. For more information on the Digital Millennium Copyright
Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Sam's Coupons does
not arbitrate or resolve trademark disputes among Sam's Coupons' advertisers
or between those advertisers and third parties. However, Sam's Coupons will
promptly comply with an order of a court of competent jurisdiction concerning
a trademark issue. Sam's Coupons occasionally receives requests to remove listings
from within the Services. Sam's Coupons reserves the right to address such requests
on a case-by-case basis.
Privacy
and Data Collection
Sam's Coupons does not collect personally identifying information from users
of the Services unless users have explicitly given such information to Sam's
Coupons (for example, when subscribing to a newsletter or when sending us an
email with a question or as part of a contest). Sam's Coupons information practices
are further described in its privacy policy. Sam's Coupons privacy policy is
part of this Agreement, and you agree that use of data as described in the privacy
policy is not an actionable breach of your privacy or publicity rights. If you
have entered into another agreement with Sam's Coupons(such as a Partner Agreement
or an Merchant Agreement), then you may be subject to additional or different
provisions regarding privacy and data collection. If you would like more information,
please read our privacy policy.
You should consider
any communication that you transmit to Sam's Coupons (such as data, questions
or answers, comments, or suggestions) as non-confidential, and agree that Sam's
Coupons will not be liable or responsible if information that belongs to you
is intercepted and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
Sam's Coupons reserves the right to change any information, features and functions
of the Services without prior notice. Sam's Coupons may deny you access to all
or part of the Services without prior notice if you engage in any conduct or
activities that Sam's Coupons determines, in its sole discretion, violate this
Agreement, the rights of Sam's Coupons or any third party, or is otherwise inappropriate.
Choice
of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without
regard to its conflict of law provisions. Sam's Coupons' failure to exercise
or enforce any right or provision of the Agreement will not be deemed to be
a waiver of such right or provision. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of this Agreement remain
in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Services must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the
Services will be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim must be arbitrated on an individual basis, and must not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
must be conducted in Los Angeles, California, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either you
or Sam's Coupons may seek any interim or preliminary relief from a court of
competent jurisdiction in Los Angeles, California, as necessary to protect the
rights or property of you or Sam's Coupons.
Notice
You may direct any questions concerning this Agreement to:
Business and Legal
Affairs
Web Legend, Inc
5313 Degas Ave
Temple City, CA 91780
phone 1-626-329-0886
E-Mail: service@samscoupons.com
Amendment
Sam's Coupons may amend this Agreement at any time by posting the amended terms
on its Web site. Except as stated below, all amended terms are automatically
effective 15 days after they are initially posted. This Agreement may not be
otherwise amended except in a written document signed by you and Sam's Coupons.
This agreement
was last revised on May 8, 2003.
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