| BEFORE USING THE OMAHACOUPONS.COM™ SITE (THE "SITE"), CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS.
YOU MUST ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS IN ORDER FOR
YOU TO BE ALLOWED TO USE THE SITE.
Terms and Conditions
1. General.
1.1 This Agreement governs your use of the Site.
1.2 "OMAHACOUPONS.COM™" refers to OMAHACOUPONS.COM™, any parent and subsidiary companies, any partner, any entity
associated by ownership, and their respective officers, directors, owners,
and agents.
1.3 OMAHACOUPONS.COM™ reserves the right to change or modify, in its discretion,
all or any part of this Agreement at any time, effective immediately upon
notice published on the Site. Your continued use of the Site constitutes
your binding acceptance of these terms and conditions, including any changes
or modifications made by OMAHACOUPONS.COM™ as permitted by the previous sentence. If at any time the
terms and conditions of this Agreement are no longer acceptable to you,
you should immediately cease all use of the Site.
2. Use of Content/Coupons.
2.1 Once you have agreed to the terms of this Agreement, you may print
coupons posted on the Site and you may use the coupons subject to the
restrictions stated on the coupons and/or the Site. However, you agree
not to modify any posted coupons in any manner, including without limitation
not modifying the amount of the discount, the name and/or location of
the merchant, the expiration date, or any restrictions stated on the coupon.
You are expressly prohibited from making any modifications to the coupons
posted on the Site. Furthermore, other than as expressly allowed under
this Agreement or as expressly stated on the coupons, you are prohibited
from copying or distributing any copies of coupons posted on the Site,
and you agree not to do so.
2.2 You acknowledge that the coupons posted on the Site may be subject
to certain restrictions as stated on the coupons, the Site, or by state
and/or federal laws or regulations, and you agree to any such restrictions.
For example, the coupons may be limited to certain geographical areas,
certain locations of merchants, or certain periods of use; the coupons
may expire; and the coupons may be prohibited in certain states.
2.3 You acknowledge that the Site contains information, software, photographs,
audio and video, graphics, links and/or other material (collectively,
the "Content") that are protected by copyright, trademark, trade
name, service mark, patent and/or other intellectual property or proprietary
rights of OMAHACOUPONS.COM™ or third parties. All Content on the Site is also protected
as a collective work of OMAHACOUPONS.COM™ to the extent allowable under applicable copyright law. Subject
to Paragraph 2.1, you agree to comply with any copyright notices, information,
or restrictions contained in any Content available on or accessed through
the Site. Users of the Site may use the Content only for their personal
and noncommercial use.
2.4 You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any
way exploit any of the Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of downloadable software
may not be reverse engineered or de compiled unless specifically authorized
by the owner of the software's patent and/or copyright.
2.5 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You shall not store electronically any significant portion
of any Content. Except as expressly permitted by the copyright laws, no
copying, storage, redistribution or publication of any Content is permitted
without the express permission of OMAHACOUPONS.COM™ or the owners of such Content or their authorized persons,
if other than OMAHACOUPONS.COM™. You may download from the Site any Content in the public
domain for your own personal use or for non-commercial redistribution.
3. Managing Content/Release of Liability/Indemnity.
3.1 OMAHACOUPONS.COM™ merely posts coupons and advertisements on behalf of merchants
providing goods and/or services. OMAHACOUPONS.COM™ has no further relationship or affiliation with merchants
whose coupons and/or advertisements are posted on the Site. OMAHACOUPONS.COM™ cannot warrant that merchants will honor the coupons or that
the coupons are accurate, or that the merchant's goods or services are
suitable or, and OMAHACOUPONS.COM™ makes no representations in this regard.
3.2 OMAHACOUPONS.COM™ is not legally responsible or liable in any way for any problem
a person or entity may encounter in conjunction with any coupon, advertisement,
or information posted on the Site, including without limitation: (a) use
or attempted use of a coupon; (b) a merchant's refusal to honor a coupon;
(c) alteration of a coupon; (d) expiration of a coupon; and (e) unavailability
of goods or services to which the coupon is directed.
3.3 OMAHACOUPONS.COM™ is not legally responsible or liable in any way for any goods
or services provided by merchants whose coupons and/or advertisements
are posted on the Site, or from any damage or loss resulting from the
goods or services.
3.4 You agree not to make a claim against OMAHACOUPONS.COM™ or bring or initiate legal suit or action against OMAHACOUPONS.COM™ based on any coupons and/or advertisement posted on the Site
or based on any goods or services provided by merchants whose coupons
and/or advertisements are posted on the Site. You expressly acknowledge
that OMAHACOUPONS.COM™ is not legally responsible or liable in any way for any coupons
or advertisement posted on the Site or for any goods or services provided
by merchants whose coupons and/or advertisements are posted on the Site,
and you expressly release OMAHACOUPONS.COM™ from any such liability.
3.5 You agree to indemnify, defend and hold OMAHACOUPONS.COM™ harmless from and against any and all claims, liability,
losses, costs and expenses (including without limitation attorney fees
and court costs) incurred by OMAHACOUPONS.COM™ because of your use of the Site, the coupons posted on the
site, or goods or services provided by merchants whose coupons and/or
advertisements are posted on the Site. OMAHACOUPONS.COM™ reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with OMAHACOUPONS.COM™'s defense of such claim.
4. No Endorsement.
The Site may contain links to sites on the Internet, which are owned and
operated by third parties (the "External Sites"). You acknowledge
that OMAHACOUPONS.COM™ is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
5. Termination of Access.
OMAHACOUPONS.COM™ reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Site at any
time for any reason without prior notice or liability. OMAHACOUPONS.COM™ may change, suspend or discontinue all or any aspect of the
Site at any time, including the availability of any feature, database,
or Content, without prior notice or liability.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
6.1 NEITHER OMAHACOUPONS.COM™ NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE
AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES OMAHACOUPONS.COM™, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE
OR THE CONTENT. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NEITHER OMAHACOUPONS.COM™, THIRD-PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT
OR ANY PRODUCTS OR SERVICES SOLD OR OFFERED THROUGH THE SITE. NEITHER
OMAHACOUPONS.COM™ NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
6.2 NEITHER OMAHACOUPONS.COM™, ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OMAHACOUPONS.COM™, THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Miscellaneous.
7.1 This Agreement shall be construed in accordance with the laws of the
State of Nebraska, without regard to conflicts of law provisions, and
the parties irrevocably consent to bring any action to enforce this Agreement
in the federal or state courts located in Omaha, Nebraska.
7.2 This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such subject
matter. If any inconsistency exists between the terms of this Agreement
and any additional terms and conditions posted on the Site, such terms
shall be interpreted as to eliminate any inconsistency, if possible, and
otherwise, the additional terms and conditions shall control.
7.3 The provisions of this Agreement that by their terms or sense are
intended to survive shall survive any termination of this Agreement. |