Terms of Service

TERMS OF SERVICE

BY ACCESSING AND USING GROCERYCARTSAVINGS.COM, YOU AGREE TO THESE TERMS OF SERVICE. If you do not wish to agree to these terms, do not use GroceryCartSavings.com.

ABOUT THIS AGREEMENT. These terms serve as an agreement between you and us, which you are accepting online, and which govern your use of GroceryCartSavings.com features, services and applications. Since GroceryCartSavings.com is an online, interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online.

GroceryCartSavings.com GroceryCartSavings, Inc. provides an interactive online service in which you can link up coupons and other offers from Participating Vendors electronically with the reward cards or other loyalty cards that you use with Participating Merchants. Please visit GroceryCartSavings, Inc. regularly for a list of Participating Merchants. Each coupon will be subject to additional terms that will apply to you; these terms may include without limitation expiration dates, limits on product availability, and limits on the number of coupons that can be used per customer. Any purchases you make will be directly through Participating Merchants and not from us. Coupons and other offerings on GroceryCartSavings.com are available for a limited time only and may be changed or discontinued at any time without notice to you.

REDEMPTION OF COUPONS. We are not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is made available in the checkout process of a Participating Merchant. We have no control over and are not responsible for the legality of any coupons or other offers made by Participating Vendors and/or Participating Merchants, the ability of any of the Participating Merchants to complete the sales in accordance with the offers, the availability of the products, or the prices or quality of the goods or services offered by the Participating Vendors and/or Participating Merchants. We have no control over whether Participating Merchants will honor the offers made available through GroceryCartSavings.com and are not responsible and disclaim all liability in the event a Participating Merchant does not honor an offer made available through GroceryCartSavings.com. We do not guarantee the accuracy or completeness of the information provided in connection with the GroceryCartSavings.com software and services. In the event you have a dispute with a Participating Merchant and/or Participating Vendor in any way relating to the GroceryCartSavings.com services or the use of information provided through GroceryCartSavings.com, you ACKNOWLEDGE AND agree to waive and release us from any and all claims, demands, actions, CAUSES OF ACTION, LIABILITIES, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to SUCH dispute.

REGISTRATION. In order to sign up for GroceryCartSavings.com, you must complete the registration process and agree to these terms. All contact information you submit must be true, complete, and up to date and you must be legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.

YOUR RESPONSIBILITIES. You agree to assume the following responsibilities when you use GroceryCartSavings.com. You must keep your log-in information confidential. You must comply with all laws and these terms and you may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use GroceryCartSavings.com.

YOUR INFORMATION. By using GroceryCartSavings.com, you understand and agree that we may store information about you and any rewards or loyalty cards that you elect to submit to us for use with the GroceryCartSavings.com service. We may use agents and contractors in order to help operate GroceryCartSavings.com, such as, by processing your coupon requests with Participating Vendors and Participating Merchants. When you select to use a GroceryCartSavings.com coupon while making a purchase at a Participating Merchant, we may share certain personal information about you with the Participating Merchant in order to fulfill your coupon request. Also, you acknowledge that you are transacting with a Participating Merchant directly when you purchase a product from such merchant using a GroceryCartSavings.com coupon. This policy does not apply to information that you may provide to a Participating Merchant. The information collected or received by our Participating Merchants is subject to their own privacy policies. Participating Merchants and Participating Vendors may receive aggregate data about groups of GroceryCartSavings.com users, such as, the number and types of coupons used by our users on an aggregate level, but this aggregate data does not personally identify any user; this information will help us and our Participating Merchants and Participating Vendors better understand demographic trends. Please keep in mind that if you log-in to GroceryCartSavings.com using a Screen Name, the terms and privacy policy that apply to your Screen Name are binding on you when you access and use GroceryCartSavings.com.

RULES OF CONDUCT. GroceryCartSavings.com may include features that allow you to interact with other users of GroceryCartSavings.com. In order to keep GroceryCartSavings.com a positive experience for all users and to protect the rights of others, you agree to abide by the following rules of conduct. You may not submit, offer links from, share, post or transmit through the service any material, or otherwise engage in any conduct that:

• Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• Offers for sale any content or products;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Impersonates any person, business or entity, including our employees and agents;
• Contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• Offers, promotes or encourages betting or wagering prohibited by law;
• Violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on the service;
Interferes with the use of GroceryCartSavings.com by others;
• Is completely commercial in nature, (i.e. ads); or
• Merely links to third party sites.

You may not submit -- or cause to submit -- anything that is false or that you know is inaccurate. You may not resell any coupons offered through the service for compensation. We may take any legal and technical remedies to prevent the violation of this Agreement.

NO SPAM. You may not use GroceryCartSavings.com to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your access or use of GroceryCartSavings.com immediately and take any other legal action if you, or anyone using your access to GroceryCartSavings.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.

PROPRIETARY RIGHTS. The content and technologies offered by or through GroceryCartSavings.com are owned by us, our suppliers and others who post or make such materials available on the service. The content and technologies are protected by copyright and other intellectual property laws and treaties. We and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of GroceryCartSavings.com. You may not modify, adapt, or create derivative works from GroceryCartSavings.com. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.

LICENSE. We give you a non-exclusive, limited right to use the content, web page and services of GroceryCartSavings.com for personal and lawful use only, provided that you remain in compliance with this agreement. You may not transfer or resell any aspect of GroceryCartSavings.com or your account to anyone else.

WE ARE NOT OBLIGATED FOR CONTENT PROVIDED BY OTHERS. We are not liable for content or materials that are provided by others, including our advertisers. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove materials from GroceryCartSavings.com for any reason, but we are not responsible for any failure or delay in removing such material.

YOUR CONTENT. We may offer features that allow you to interact with other users of GroceryCartSavings.com. We do not claim ownership in any content or materials that you post or submit through GroceryCartSavings.com. We do not read your private online communications. However, if you elect to post content or materials on areas of the service that are available to the public (such as message boards), you give us permission to transmit, display and reformat your submissions on GroceryCartSavings.com. We welcome feedback, suggestions and comments from our users. However, if you provide any suggestions to us, you agree that we may use your suggestions in any manner as we determine in our discretion without compensation or limitations of any kind.

DISCLAIMER OF WARRANTIES. We provide GroceryCartSavings.com "as is", "with all faults" and "as available." We, our vendors and distributors ("Service Providers") make no express warranties or guarantees about GroceryCartSavings.com. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT GROCERYCARTSAVINGS.COM IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GROCERYCARTSAVINGS.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE GROCERYCARTSAVINGS.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE INEGRITY OR SECURITY OF YOUR FILES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON GROCERYCARTSAVINGS.COM. You may have additional consumer rights under your local laws that this contract cannot change. You use GroceryCartSavings.com at your own risk.

LIMITATION OF LIABILITY. YOUR YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE SERVICE PROVIDER OR GROCERYCARTSAVINGS.COM IS TO DISCONTINUE YOUR USE OF GROCERYCARTSAVINGS.COM. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.

THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF GROCERYCARTSAVINGS.COM AND ITS SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.

TERMINATION; DEACTIVATION. We may cancel or suspend access to your GroceryCartSavings.com account at any time, without cause and/or without notice.

INDEMINIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of GroceryCartSavings.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

ELECTRONIC CONTRACTING AND NOTICES. Your affirmative act of using or registering for GroceryCartSavings.com constitutes your agreement to transact with us electronically. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding GroceryCartSavings.com (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or by posting the Notice on GroceryCartSavings.com. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your GroceryCartSavings.com account.

COPYRIGHT & TRADEMARK. Copyright © 2010 GroceryCartSavings.com Inc. All Rights Reserved. The GroceryCartSavings.com Inc. logo is a registered trademark of MK Mobile Solutions Inc. All other trademarks, logos and service marks are the property of Grocery Cart Savings Inc. or their respective owners.

THIS IS THE ENTIRE AGREEMENT. These terms make up the entire agreement between you and us regarding your use of GroceryCartSavings.com. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. This agreement may not be modified without our written authorization.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the State of Washington governs this contract and any claim or dispute that you may have against us, without regard to Washington’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Washington.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WASHINGTON FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

CONTACT INFORMATION. If you have any questions regarding these Terms of Use, please contact us directly at legal@GroceryCartSavings.com