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DealFinder by Savings.com 184.108.40.206-signed Kein Neustart
The Savings.com DealFinder shows you when coupons and deals are available while you are shopping online.
Über dieses Add-on
1. What is the Savings.com DealFinder?
The Savings.com DealFinder shows you when coupons and deals are available while you are shopping online.
2. How does the Savings.com DealFinder work?
When you visit your favorite online stores, DealFinder will show you a list of deals that are available for that site. Simply click on the deal and start saving.
If a deal is available when you land on a website, the DealFinder extension will appear. Click the “Show Deals” button and the DealFinder will show you the coupons and deals available for that site in a slide-down window. When you find the coupon you want you can click on the button to the right of the deal. When you activate a coupon, the website will refresh and an affiliate cookie will be set.
Some coupons require that you enter a “Coupon Code” at checkout to receive the discount. If the deal you choose requires a “Coupon Code,” you will be presented with the code in the DealFinder slide down window. Simply copy and paste that code at checkout and you’re done. Not all coupons require a coupon code. Some coupons may be automatically applied to your cart at checkout.
For more information about online coupons and coupon codes, please see this FAQ on Savings.com.
3. When does the Savings.com DealFinder show up?
The Savings.com DealFinder only shows up when there is a coupon or deal available for the website on which you are shopping.
4. How does the Savings.com DealFinder know when coupons and deals are available?
Savings.com works hand in hand with top retailers and brands to make sure we‘re providing the very best offers. That means our savings come straight from the source including hundreds of exclusive deals that you won‘t find anywhere else. Our dedicated team of deal hunters make sure you find the best stuff first, so there‘s no need to spend all that time sifting through expired coupons and codes that don‘t work.
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To understand how we use third party analytic tracking technologies and how you can opt out, click here
To opt-out of direct mail promotions, click here
To opt-out of email promotions, click here
To understand how advertisers use tracking technologies and how you can opt out, click here
I. INFORMATION WE COLLECT
Connecting with the Savings.com Applications and Information Provided by You
Contacting Us. When you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide your contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about Savings.com using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Registration Information. We will collect personal information from you if you register on our Site or voluntarily provide information about yourself in your profile ("Personal Information"). You do not have to register to use our Services, download our Browser Extensions or access coupons on our Site. Upon initial registration you will be asked to provide a user name and zip code so we can identity your locality by city and state ("Regional Location"), or more specific location for certain applications available on Savings.com Applications, as more clearly spelled out in this policy ("Geolocation"), to serve you offers that are suited to you and where you live or are currently located. Your user name will be disclosed on all our public forums as well as your Regional Location which will be reflected by the zip code that you provide. You will have an opportunity to confirm or change your General Location without use of a zip code during the registration process. You will also have the opportunity to indicate your interests by answering questions about the types of goods and services you are interested in and your favorite brands and stores so that we can better serve you savings and offers for exactly what interests you ("Interests"). Savings.com reserves the right to deny, in its sole discretion, any user access to the Savings.com Applications or Services without notice for any or no reason.
Surveys and Promotions. From time-to-time we may request information from you and other users via surveys or contests or sweepstakes. Participation in these surveys, contests or sweepstakes is completely voluntary so you and other users have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information and other information as required by the official rules may be used to notify the winners and award prizes and file winners information as required by law. Survey information will be used for the purpose(s) of the survey, including the monitoring or improvement of the use and satisfaction of Savings.com Applications.
Facebook. You may be given the option to link your Facebook account so that you can comment on the Savings.com Applications or take advantage of other features of the Savings.com Applications. When you comment on the Savings.com Applications using your Facebook username and password and clicking "allow" on the Facebook permission authorization screen, you give us permission to capture, store, use and display your Facebook user ID, your basic Facebook profile information and any other information from your Facebook profile that you specifically allow us to access. The authentication of your Facebook login credentials are conducted solely through Facebook.
Social Media Platforms. If you use Facebook or other social media platforms or applications to interact with Savings.com Applications, the social media platform(s) may have a specific privacy statement that governs the use of Personal Information related to that platform or application. In addition, we use Janrain to support our social network platforms and if you provide permission on any particular site, information from your social networking accounts may be forwarded to us. If you wish more information about how your information can be transferred to us from Janrain visit http://janrain.andculture.cc/privacy-policy/.
Geolocation Services. It is possible that we may ask you if you wish us to collect your Geolocation in order to offer you real-time deals nearby and will maintain information about your geolocation to facilitate your serving such real time deals to you. In addition, when you have the geolocation software running on your mobile phone, computer or other device, we may collect that information as controlled by your privacy settings on those Devices. We will not share your exact Geolocation or use your exact Geolocation for any other purpose.
User Generated Content. The Services may contain review or chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the Site (the "Interactive Services"). Please remember that any information you disclose while participating with the Interactive Services becomes public information, and is subject to redistribution by, Savings.com and all others viewing the information. You should exercise caution and discretion when deciding to disclose your personal information in a submission or posting. There is no expectation of privacy when posting, or otherwise participating on the Interactive Services. If you post content, such as messages, reviews or photos, please be aware that any personally identifiable information contained in such content is accessible to registered users or visitors to that Savings.com Application or Communication Service and we have no control over how those users may use your personally identifiable information. We have the right, but not the obligation, to monitor any activity and content associated with the Interactive Services. We reserve the right to take action in connection with any content we deem to be inappropriate. Please review our Terms of Servicefor more information regarding your appropriate use of these Interactive Services.
Information Collected Through Technology
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Savings.com Applications, including without limitation, the URL that referred you to the Savings.com Applications ("Affiliate Referral Urls") or other marketing or distribution sources, all of the areas within the Savings.com Applications that you visit, when you view, purchase, or redeem coupons or accept offers accessed through our Services, the comments you make through our Interactive Services, and how you otherwise use our Services and which offers are of interest to you ("Usage Information"). We may use the this Usage Information for a variety of purposes, including to enhance or otherwise improve the Savings.com Applications. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other device used to access the Savings.com Applications (any, a "Device"). A Device Identifier is a number that is automatically assigned to the Device used to access the Savings.com Applications, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. When you download and use our Brower Extensions we will also collect information from our affiliates and our merchants based upon the sites you visit, the coupons you redeem, and other web sites you may have visited or Affiliate Referral Urls and will store those Affiliate Referral Urls and a list of our merchants who provide savings through our Services on your Device to assist us in providing you with coupons and savings that are of interest to you. We will also collect Location information or Geolocation information to ensure we serve you offers and coupons for products and services available to you in your location. Whenever we associate Usage Information, Location information, Geolocation information or a Device Identifier with personally identifiable information, we will treat it as Personal Information.
A few of the tracking technologies that may be used to collect Usage Information include, without limitation, the following:
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Savings.com Applications, to monitor how users navigate the Savings.com Applications, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Web Logs. Like most standard website servers, we log Device Identifiers and the operating system of your computer and may track your movement and redemption within the Savings.com Applications, the pages from which you were referred, access times and browser types in order to improve security, analyze trends and administer the Savings.com Applications. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our Savings.com Applications, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information and track traffic and sales to our partner merchants. We may also use individual information we collect through web logs to send you targeted offers and other communications.
Information You Provide About a Third Party
If you send someone else a communication from the Savings.com Applications, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. If that person becomes a customer or registers with us, his/her information will be treated in the same manner as all other customers or registered users. Please be aware that when you use any send-to-a-friend functionality on the Savings.com Applications, your e-mail address may be included in the communication sent to your friend.
Information We Collect From Third Parties
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
Third Party Analytics Technologies
II. HOW WE USE AND SHARE YOUR INFORMATION
Transactional Communications. We may send you notices from time to time relating to your account or your orders. These may include order confirmations, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our Service is temporarily suspended for maintenance, or the delivery of a coupon is delayed or there is some service issue with something you may have ordered. You may not opt-out of receiving these communications, which are not promotional in nature.
Strategic Partners. We have entered into agreements with merchant partners to enable us to provide our Services in connection with sales of goods and services from our merchant partners, such as the redemption of coupons we provide on Savings.com Applications. In certain situations we may provide your information to those companies informing them of your registration or to investigate a claim or inquiry regarding any benefit you may make pertaining to our Services and your interactions with those companies. Since these third parties will use your information in accordance with their own privacy practices, you should check their websites for information regarding their respective privacy policies.
Service Providers. We may use third party service providers to help us operate our business and the Savings.com Applications or administer activities on our behalf. We may share your information with these third parties for those limited purposes.
Electronic Promotional Offers. We may send you promotional emails regarding special offers about our Services or on behalf of third party marketing partners who we think can offer services and products of interest to you but we will not share your email address with any third parties. If you do not want to receive emails regarding special promotions or products or services, you may (i) Update your email preference Settings by visiting http://www.savings.com/, click on, clicking "Edit Profile" and then click on "Manage my notifications" and then selecting "None" under " Newsletters"or (ii) Click the unsubscribe link in the body of any email.
Please note that even if you opt out of receiving promotional e-mails, we may continue to send you electronic service notifications that are related to your registration, your profile or other services you have requested.
Direct Mail Promotional Offers. We may sell, share or rent your name and mailing address and certain other information, such as what you ordered, with reputable companies that provide marketing offers through direct mail. If you do not want us to sell, rent or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document or click here. If you prefer not to have your name and mailing address shared with third parties, send an email to the above address with "No Rent" in the subject line. If you choose to opt-out via e-mail, please include "Direct Mail Opt-Out" in the subject line. Please note that even if you opt out of receiving promotional direct mail offers, we may continue to send you service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled by direct mail.
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Savings.com Applications that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion and as required by law or permitted by the Promotion's official rules.
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you (including, without limitation, the contents of any chat, messaging, or other communication posted in the Interactive Services), and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Service or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be: (i) emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat; or (ii) your conduct on the Savings.com Applications or when using the Interactive Services that we believe is inappropriate and inconsistent with generally accepted norms of behavior.
III. ACCESS TO YOUR INFORMATION
IV. CHOICE AND OPT OUT
You may remove your information from our database so as not to receive future communications or to close your account or opt out of our sharing information with third parties for marketing purposes by emailing us at email@example.com or sending postal mail (certified mail, return receipt requested is recommended) to the following postal address:
Attn: Customer Care
2225 S Carmelina Avenue
Los Angeles, CA 90064
Attention: Privacy Administrator
If you prefer not to receive electronic promotional communications, you can also opt-out by following the unsubscribe instructions included in each communication.
Please note that changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or strategic partners) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
V. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION
Security. Please keep in mind that no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure and therefore we cannot ensure the security of any information you transmit to us, and your use of the Site indicates that you are willing to assume this risk.
Your California Privacy Rights (As provided by California Civil Code Section 1798.83)
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you emails about their products and services, simply follow the unsubscribe instructions that are located at the bottom of those emails or you can click here to manage your email marketing preferences. If you do not want us to send you any offers from third parties through direct mail or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document or click here. California customers may request further information about our approach to this law by contacting Customer Care or writing to us at the address below.
Children's Privacy. The Savings.com Applications are intended for a general audience and are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Savings.com Applications. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems.
Attn: Customer Care
2225 S Carmelina Avenue
Los Angeles, CA 90064
Attention: Privacy Administrator
Copyright ©2012 Savings.com, Inc. All rights reserved.
Effective Date July 9th, 2012
This Browser Extension End User License Agreement (the "EULA") governs your download, installation and use of Savings.com Browser Extension and the services made available through the Browser Extension (collectively, the "Licensed Application"). By downloading the Licensed Application, you ("you") agree to this EULA with Savings.com, Inc. ("Savings.com," "we," or "us"). You represent to us that you are over eighteen (18) years of age and have the full and unrestricted legal right to enter into agreements. Please read this EULA carefully. If you do not agree with any of this EULA's terms and conditions, do not access or install this software. The term "Licensed Software" includes all updates to the Licensed Application that we make available to you.
You may install the Licensed Application on certain Internet browsers, which are subject to change. The Licensed Application is not compatible with all Internet browsers. Furthermore, you acknowledge that the fact that the Licensed Application is compatible with an Internet browser in no way constitutes an endorsement, authorization, sponsorship or affiliation by or with the provider of such Internet browser.
1. Scope of License. This license does not allow you to use the Licensed Application on any computer, mobile device, or other device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Savings.com and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Use of Licensed Application. You will not (a) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s); (b) use the Licensed Application in any manner that could damage, disable, overburden, or impair any Savings.com server, or the network(s) connected to any Savings.com server, or interfere with any other person's use and enjoyment of the Licensed Application; (c) attempt to gain unauthorized access to the Licensed Application, other accounts, computer systems or networks connected to any Savings.com server or to the Licensed Application, through hacking, cracking, distribution of counterfeit software, password mining or any other means; (d) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Licensed Application.
5. Term; Termination. The term of this EULA will commence upon your download of the Licensed Application and will continue for so long as you have in your possession or control any copies of the Licensed Application. The license in this EULA is effective until terminated by you or Savings.com. Your rights under such license will terminate automatically without notice from Savings.com if you fail to comply with any term(s) of the license. Upon termination of the license, you will cease all use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application. Without prejudice to any other of its rights, Savings.com may unilaterally terminate or modify this EULA at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, Savings.com may elect to terminate this EULA and your rights in connection with the Licensed Application, if Savings.com, in its sole determination, stops supporting or maintaining the Licensed Application, ceases to provide updates, no longer offers the Licensed Application for license, or believes you have failed to comply with the terms and conditions of this EULA. You may terminate this EULA at any time by uninstalling and destroying all copies of the Licensed Application in your possession or control. If this EULA is terminated for any reason, the provisions in Sections 1, 2, 4, 7, 8, 9, 10 and 13-19 will survive any such termination.
6. Modification. Savings.com reserves the right to modify this EULA at any time and without notice, and such modifications will be deemed effective immediately upon posting on the Savings.com website. You are responsible for regularly reviewing this EULA and any changes made to this EULA. Savings.com will have no liability if you do not receive Savings.com's notification. You can review the most current version of this EULA at any time at http://www.savings.com/info/us/extension-eula. If you do not agree to any terms of this EULA, or any future changes made by Savings.com, your sole and exclusive remedy is to stop using the Licensed Application. . By continuing to use the Licensed Application after Savings.com has posted a modification to the EULA on its website, you agree to be bound by the modified EULA. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Licensed Application will be subject to this EULA.
7. Support Services. Savings.com may, in its sole discretion, provide you with support services related to the Licensed Application ("Support Services"). However, Savings.com is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default of Savings.com under this EULA.
8. User Content
(a) Responsibility. All information, data, text, software, music, sound, photographs, graphics, video, messages, links to websites, or other materials posted by you (such materials, as posted by you or other users, collectively, the "User Content") on the Licensed Application or any service accessed through the Licensed Application (collectively, the "Savings.com Service") are your sole responsibility. This means that you, and not Savings.com, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available on the Savings.com Service, including personally identifying information. When you post User Content on the Savings.com Service, your user name and regional location may be visible to other users and attached to the User Content that you posted. Please be aware that if you post personal information online that is accessible to other users, such as your physical address or e-mail address, you may receive unsolicited messages from other users. Savings.com does not control the User Content posted by you or other users on the Savings.com Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. By using the Savings.com Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Savings.com be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available on the Savings.com Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In addition, except as provided in this EULA, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any User Content or any other Content appearing on or through the Savings.com Service.
(b) Monitoring and Removal. Savings.com reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any User Content for any reason in its sole discretion and without notice. Savings.com assumes no responsibility for monitoring the Savings.com Service for inappropriate User Content or conduct. If at any time Savings.com chooses, in its sole discretion, to monitor the Savings.com Service, Savings.com nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user submitting User Content.
(c) Prohibited Content. You may not, and you may not allow others to, post, upload, transmit or otherwise make available on the Savings.com Service any User Content that:
(1) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(2) harasses or advocates harassment of another person;
(3) exploits people in a sexual or violent manner;
(4) contains nudity, sexually suggestive imagery, excessive violence, or offensive subject matter or contains a link to an adult website;
(5) solicits personal information from anyone under 18 or otherwise harms minors in any way;
(6) publicly posts information that poses or creates a privacy or security risk to any person;
(7) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(8) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(9) constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, "junk mail," "chain letters," instant messaging, "spimming," "spamming," or "pyramid schemes";
(10) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(11) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone's privacy, or providing or creating computer viruses;
(12) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(13) involves commercial activities and/or sales without prior written consent from Savings.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(14) includes a photograph or video of another person that you have posted without that person's consent;
(15) is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(16) infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;
(17) you did not create or that you do not have permission to post, transmit or share;
(18) you do not have a right to post, transmit or share under any law or under contractual or fiduciary relationships; or
(19) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
Savings.com reserves the right to investigate and take any action it deems appropriate against anyone who, in Savings.com's sole discretion, posts User Content that is offensive or inappropriate or otherwise violates this Section 8(c) or any other parts of this EULA, including without limitation, by removing the offending User Content from the Savings.com Service and terminating or suspending right to use the Licensed Application.
(d) License. By submitting User Content to the Licensed Application, you grant to Application Provider, and its successors and assigns, employees, licensees, agents, and representatives, a perpetual, irrevocable, worldwide, royalty-free, transferable, and non-exclusive license (with the right to sublicense) to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Licensed Application a non-exclusive license to access your User Content as permitted through the functionality of the Licensed Application and under this EULA. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit. Without limiting the generality of the foregoing, the license in this Section 8(d) will apply to all User Content, including User Content that has been removed from the Savings.com Service by you or Savings.com. Except as expressly stated in this EULA, no compensation will be paid to you with respect to Savings.com's or its sublicensees' use of your User Content pursuant to this Section 8(d).
(e) Representations, Warranties, and Covenants. You represent, warrant, and covenant that (a) you own the User Content posted by you on the Savings.com Service or otherwise have the right to grant the rights and licenses set forth in Section 8(d); and (b) your posting or transmitting of User Content on or through the Savings.com Service does not, and will not, infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you on the Savings.com Service.
9. Third Party Websites and Materials. The Licensed Application will enable you to access third party services and websites (collectively, "Third Party Sites"), including the websites of Merchants. In addition, the Licensed Application may display, include, or make available content, data, information, applications or materials from third parties ("Third Party Materials"). By using the Licensed Application, you acknowledge and agree that (a) Savings.com is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Sites; and (b) all purchases and other similar transactions that are facilitated through your use of the Licensed Application are transactions between you and the applicable Merchant and are subject to the additional terms, conditions and restrictions of Offers for such purchase and of the Merchant's website. We advise you to read such Offer and website terms and conditions and all policies relating to the purchase, including policies regarding sales, returns, warranties, and privacy, before using such Merchant websites. Savings.com does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or Third Party Sites, the privacy practices of such third parties, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You further acknowledge and agree that Savings.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through Third Party Materials or Third Party Sites.
Your use of the Licensed Application to purchase products or services from Merchants will not cause Savings to be a party to such purchases. Savings is not responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant using the Licensed Application, except as may be required by law. The fact that the Licensed Application works with a Merchant website shall in no way constitute an endorsement, authorization, sponsorship or affiliation with such Merchant or its website.
10. Ownership. The Licensed Application and all material published in the Licensed Application by or on behalf of Savings.com, including, without limitation, text, photographs, video, graphics, music, images, animations, audio, text, "applets" incorporated into the software data, sounds, messages, comments, ratings, trademarks, service marks, trade names, and trade dress, and other materials in the Licensed Application (collectively, the "Content"), is owned by Savings.com or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Licensed Application. Savings.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content and one or more copyrights in and to the Licensed Application. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit the Content or the Licensed Application, except as expressly permitted in this EULA. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from Savings.com or the owner of the Content. You further agree not to use the Content or the Licensed Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Savings.com is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Licensed Application.
11. Compliance with Laws. You represent and warrant that you are either the owner or an authorized user of the Device where the Licensed Application is installed. You may use the Licensed Application only for lawful purposes. The Licensed Application is subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Licensed Application.
12. Access to Services. Savings.com reserves the right to perform regular or planned or unplanned maintenance to the Licensed Application due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Savings.com also reserves the right to change, modify, discontinue, disable, suspend or abandon the Licensed Application at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such action by Savings.com. Savings.com reserves the right to add features or functions to the Licensed Application. When installed on your computer, the Licensed Application periodically communicates with our servers to request automatic updates when we release a new version of the Licensed Application or when we make new features available.
The Licensed Application and third party services that may be accessed from, displayed on or linked to Licensed Application are not available in all languages or in all countries. Savings.com makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
13. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION IS AT YOUR SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR DEVICE YOU EXPERIENCE FROM USING THE LICENSED APPLICATION) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED ON AN "AS IS," "WHERE-IS," AND "WHERE AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE LICENSED APPLICATION OR SERVICES ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE LICENSED APPLICATION OR WITH THE TERMS OF THIS EULA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE LICENSED APPLICATION AND THE CONTENT, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPLICATION PROVIDER OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED APPLICATION, EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE UNDER ANY THEORY OR CAUSE OF ACTION. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN APPLICATION PROVIDER'S AGGREGATE LIABILITY FOR ALL CLAIMS BY YOU WILL NOT EXCEED ONE UNITED STATES DOLLAR (USD $1).
15. Indemnity. You understand that you are personally responsible for your behavior while using the Licensed Application. You agree to indemnify and hold Savings.com and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Licensed Application or the Savings.com Service or your violation of this EULA, applicable law, or the rights of any third party.
16. Export Restrictions. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country and you are not on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
17. Commercial Items. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
18. Miscellaneous Provisions. This EULA and the policies incorporated herein are the entire agreement between you and Savings.com. They supersede any and all prior or contemporaneous agreements between you and Savings.com relating to your use of the Licensed Application and/or the Licensed Application World Sites. This EULA, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Savings.com without restriction. If the application of any provision of this EULA to any particular facts or circumstances will be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this EULA will not in any way be affected or impaired thereby and (ii) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. You agree that, except as otherwise expressly provided in this EULA, there will be no third party beneficiaries to this EULA. The failure of Savings.com to partially or fully exercise any rights, or the waiver by Savings.com of any breach of this EULA by you, will not prevent a subsequent exercise of such right by Savings.com or be deemed a waiver by Savings.com of any subsequent breach by you of the same or any other term of this EULA. This EULA will be governed by and construed in accordance with the laws of the State of California, without giving effect to any contrary choice of law rules, and applicable United States federal law. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Any action or proceeding brought by either party to this EULA against the other party to this EULA that seeks to enforce any provision of, or based on any right arising out of, this EULA will be brought exclusively in Los Angeles County, California. Each of the parties consents to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. YOU HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, AND YOU WAIVE YOUR RIGHT TO TRIAL BY JURY. Any cause of action you may have with respect to the Licensed Application must be commenced within one year after the claim or cause of action arises or such claim or cause of action will be barred. This EULA will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under this EULA. Headings in this EULA are for convenience of reference only and will not affect the interpretation or construction of this agreement. The rights and remedies of Savings.com under this EULA and any other applicable agreement between you and Savings.com will be cumulative, and the exercise of any such right or remedy will not limit Savings.com's right to exercise any other right or remedy.
19. Contact Information. Please contact us with any questions by clicking on the "Contact Us" link the Licensed Application or by emailing us at firstname.lastname@example.org.
I HAVE READ THIS EULA AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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