TERMS & CONDITIONS

TERMS OF USE
The Site is provided by CouponKong LLC, together with its affiliates and subsidiaries (collectively, "CouponKong"). The "Site" includes, without limitation: (a) all websites, co-branded Microsites, services, or applications owned or provided by CouponKong, and all services offered on or through www.couponkong.com; (b) all software offerings and applications owned or provided by CouponKong and/or available on or through www.couponkong.com ("Software"); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.couponkong.com ("Content"). By accessing or using the Site, you agree to comply with and be bound by the following terms and conditions ("Terms of Use") and the CouponKong Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

UPDATES
CouponKong may revise these Terms of Use or our Privacy Policy at any time. If CouponKong decides to change these Terms of Use, CouponKong will post the changes to these Terms of Use and other places CouponKong deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Site following the posting will constitute your acceptance of the Terms of Use as revised.

PRIVACY
CouponKong considers protecting your personal data very important, and has developed a Privacy Policy describing CouponKong’s data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein.

CHILDREN
If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to CouponKong.

OTHER TERMS
Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

USE OF THE SITE
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify CouponKong immediately of any unauthorized use of your password(s) or account(s). You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any CouponKong networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any CouponKong networks or systems, or to interfere or attempt to interfere with any CouponKong networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any CouponKong content, networks or systems.

USE OF SOFTWARE
Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, "Usage Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through any Usage Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) The Software may not be modified or altered in any way; and (e) The Software may not be transferred, sublicensed, assigned, copied, or redistributed.

SERVICES
CouponKong may change the Services offered on or through the Site at any time without notice. CouponKong makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

CONTENT
All Content, including without limitation, any offer or coupon, or any other information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by CouponKong. CouponKong makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Site is solely at your own risk.

THIRD PARTY CONTENT
The Site provides links to web sites and access to content, products and services of third parties, and CouponKong makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of web sites and content accessible from the Site, and you bear all risks associated with your access and use of such web sites and third party content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation of CouponKong with any third party or any third party web site, products and/or services.

FEEDBACK
All comments or materials submitted by you to CouponKong through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, "Feedback") shall be received and treated by CouponKong on a non-confidential and unrestricted basis. Further, CouponKong shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of "spam".

OWNERSHIP
All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of CouponKong and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any CouponKong name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without CouponKong’s express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of CouponKong or the respective owner.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUPONKONG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, COUPONKONG MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. COUPONKONG SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.

LIMITATION OF LIABILITY
IN NO EVENT SHALL COUPONKONG AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF COUPONKONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COUPONKONG AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

INDEMNITY
You agree to defend, indemnify and hold CouponKong and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), arising out of or relating to your use of the Site, Services, Software or Content or your violation of these Terms of Use.

TERMINATION
CouponKong has the right, but not the obligation, to monitor any activity on the Site. CouponKong may disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. CouponKong may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site, or any applicable Services, Software or Content. In addition, CouponKong may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.

COMPLIANCE WITH LAWS
You agree not to use the Site, Services, Software, or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use. Further, you agree not to access, download, use or export the Site, Services, Software, or Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site, Services, Software, or Content in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

GENERAL
These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an "original" and "in writing" when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by CouponKong of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between CouponKong and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between CouponKong and you.

COPYRIGHT & TRADEMARK
Copyright © 2009 CouponKong LLC. All Rights Reserved. The CouponKong logo is a registered trademark of CouponKong LLC. All other trademarks, logos and service marks are the property of CouponKong LLC or their respective owners.

CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact CuponKong Incorporated at contact us or by mail at:

CouponKong
Vance Hall 408
3733 Spruce Street
Philadelphia, PA 19104