IF YOU DON’T AGREE TO THE TERMS OF OUR AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY COUPON CRITTER SERVICE OFFERED.
1. Access & Use
The Site provides an interactive online service operated by Jeri Lyn Broadcasting, Inc, dba KHTS AM-1220 radio, owner of www.hometownstation.com, and “Coupon Critter” consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“COUPON CRITTER”) available to its users. COUPON CRITTER certificates may be purchased by Coupon critter account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
- You are at least 18 years of age and possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
- If you create an account:
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You must safeguard your password and supervise the use of your account, and understand and agree you are responsible for your own use and the use of your account by anyone you allow who accesses it.
- The information you submit to the Site is only about yourself, and all such information is accurate, true, current and complete.
2. Availability of our Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Coupon critter retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
3. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Coupon Critter and the Site while it is being transmitted. In addition, Coupon Critter is not responsible for any data lost during transmission.
4. Your Conduct on our Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Coupon Critter account or in order to create multiple Coupon Critter accounts;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Coupon Critter;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Coupon critter to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Coupon Critter, including without limitation, aggregating current or previously offered deals;
- Exceeding or attempting to exceed quantity limits when purchasing COUPON CRITTER certificates’ or using any Coupon critter account to purchase COUPON CRITTERs for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any COUPON CRITTER) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Coupon critter, our Merchants or our services; or
5. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. If you violate these limitations we may terminate your account and, without limitation, you may forfeit any unredeemed COUPON CRITTERS in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Coupon Critter account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
6. Terms of Sale
COUPON CRITTER Certificates purchased on the Site by you as a Coupon Critter account holder, are offers you purchase from participating Merchants through our service. The COUPON CRITTER certificates are redeemable for certain goods or services offered by the Merchant identified on the COUPON CRITTER. The Merchant is solely responsible for redeeming the COUPON CRITTER. By placing an order for a COUPON CRITTER, you make an offer to purchase the COUPON CRITTER you have selected pursuant to the terms of this Agreement, the terms on the COUPON CRITTER itself and any additional, deal specific terms advertising the COUPON CRITTER at the time of purchase (the “Fine Print”). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.
There are two separate parts to each COUPON CRITTER: (a) the purchase value and (b) the promotional value. Together the purchase value and the promotional value add up to the full offer value of the COUPON CRITTER and appears in the upper right hand corner of the COUPON CRITTER voucher. The purchase value is the amount you pay to buy a COUPON CRITTER. The purchase value does not expire until it is used or refunded. The promotional value is the “added” value of the COUPON CRITTER – the amount in excess of the purchase value. The promotional value will expire by the date stated on the face of the COUPON CRITTER unless applicable law prohibits the promotional value from expiring. For example, if you pay $20 for a COUPON CRITTER that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 (and that amount does not expire until it is used or is refunded), and the promotional value is $30 and it expires on the date stated on the COUPON CRITTER (unless expiration of the promotional value is prohibited by law).
If the redeeming Merchant refuses to honor a COUPON CRITTER, Coupon Critter will refund the purchase value of the certificate in the original form of payment, or will credit your Coupon critter account with an equivalent number of Coupon critter “dollars” for future purchases on the Site. Coupon critter credits do not expire.
Refunds may take up to thirty (30) days to process.
- Unauthorized use, reproduction, resale, modification, or trade of COUPON CRITTER’S is prohibited.
- Taxes and gratuities are not included in the value of the COUPON CRITTER and, if applicable, may be charged to you separately by the Merchant when you redeem the COUPON CRITTER.
- If applicable, shipping and handling fees are not included in the value of the COUPON CRITTER and may be charged to you separately by the Merchant when you redeem the COUPON CRITTER.
- The promotional value of COUPON CRITTERs may not be combined with any other discounted offer by the Merchant.
- Your COUPON CRITTER Certificates may only be used at the Merchant named on the face of the COUPON CRITTER and the promotional value is redeemable only toward the goods or services listed on the COUPON CRITTER.
The Merchant is the issuer of the COUPON CRITTER and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a COUPON CRITTER or not. You waive and release Jeri Lyn Broadcasting, Inc.; Coupon Critter and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a COUPON CRITTER or the services/goods it provides in connection with it.
7. Modification of this Agreement
8. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of Coupon Critter or is being used with permission. Any copying or modifying of this site or Coupon Critter certificates is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Coupon Critter is a trademark of Jeri Lyn Broadcasting, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Coupon Critter shall not be deemed to be in the public domain but rather the exclusive property of Coupon Critter, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Coupon Critter unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Coupon Critter does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Coupon critter the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User’s personal use. You also grant Coupon critter the right to edit, copy, publish and distribute any material that you make available on this Site.
10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
Coupon critter reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Coupon an identification of the copyrighted work and the location on the Site of the allegedly infringing work; your name and contact information, including telephone number and e-mail addressContact information for Coupon critter’s DMCA Agent for notice of claims of copyright infringement is:
11. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COUPON CRITTER, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUPON CRITTER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability.
We will make every reasonable effort to resolve any disagreements that you have with Coupon Critter. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Coupon critter arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any COUPON CRITTER(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). Location for arbitration shall be in the Santa Clarita Valley, Los Angeles County.
14. End User Communications
Coupon critter in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Coupon critter shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Coupon critter, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Coupon critter shall have the right, but not the obligation, to remove any material from the Communities that Coupon critter, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Coupon critter.
15. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You agree to defend, indemnify and hold harmless Coupon critter, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Coupon critter from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Coupon critter, and any conduct or speech, whether online or offline, of any other user.
20. Choice of Law.
21. Additional Disclosures.
No waiver by either you or Coupon critter of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
Coupon critter is located at 27225 Camp Plenty Road, Suite 8, Santa Clarita, CA. 91351.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.