Get Coupons Hawaii U.S. Terms of Service
PLEASE
READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION
CLAUSE.
Welcome to Get Coupons Hawaii. We are glad to have you as
part of our service. We are committed to providing the best possible
value and convenience for you. Before you get started, you must read
and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By downloading and using Get Coupons Hawaii ("Get Coupons Hawaii," "we" or "us") Get Coupons Hawaii or Get Coupons Hawaii Services (collectively, the "Get Coupons Hawaii
Service"), you accept and agree to be bound by these Terms of Service.Get Coupons Hawaii may at any time modify these Terms of Service. You can review
the most current version of it by clicking on the "Terms of Service"
link located at the bottom of the Get Coupons Hawaii website, GetCouponsHawaii.com. The
most current version will supersede all previous versions. By
continuing to use the Get Coupons Hawaii Service after changes are made, you
agree to be bound by such changes.
Privacy
Any information that you submit or we collect
when you are using the Get Coupons Hawaii Service is subject to the Get Coupons Hawaii
Privacy Policy, the terms of which are incorporated into these Terms of
Service.
Limitations on Use
You must be at least 13 years old to
download and use the Get Coupons Hawaii Service, or, if you are not at least 13,
you may download and/or use the Get Coupons Hawaii Service only in conjunction
with, and under the supervision of, your parent or guardian. If you do
not qualify, please do not download the Get Coupons Hawaii Service.
Intellectual Property
Get Coupons Hawaii and/or its licensors are
the sole owners of the Get Coupons Hawaii Service, which includes any software,
domains, and content made available through it. The Get Coupons Hawaii Service is
protected by U.S. and international copyright and other intellectual
property laws. It is for your own personal and non-commercial use only,
and Get Coupons Hawaii grants you a limited license for that purpose. Without
limitation, this means that you may not sell, export, license, modify,
copy, reverse engineer, distribute or transmit the Get Coupons Hawaii Service
without Get Coupons Hawaii's prior express written permission. Any unauthorized
use of the Get Coupons Service will terminate the limited license granted
by us .Get Coupons Hawaii and other marks, graphics, logos,
icons and service names related to the Get Coupos Hawaii Service are registered
and unregistered trademarks or trade dress of Barreras Marketing, LLC. They may
not be used without Barreras Marketing's prior express written permission. All
other trademarks not owned by Barreras Marketing that appear in connection with
the Get Coupons Hawaii Service are the property of their respective owners, who
may or may not be affiliated with, connected to or sponsored by Barreras Marketing, LLC.
Electronic Communications
By downloading and/or using
the Get Coupons Hawaii Service, you consent to receiving electronic
communications and notices from Get Coupons Hawaii. You agree that any notice,
agreement, disclosure or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that such communications be in writing.
Your Conduct
By downloading and using the Barreras Marketing
Service, you agree not to upload, post, e-mail or otherwise send or
transmit any material that contains viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment associated with the Barreras Marketing Service. You
also agree not to interfere with the servers or networks connected to
the Barreras Marketing Service or to violate any of the procedures, policies or
regulations of networks connected to the Barreras Marketing Service, the terms of
which are incorporated herein. You also agree not to: (1) impersonate
any other person while using the Barreras Marketing Service; (2) conduct yourself
in a vulgar, offensive, harassing or objectionable manner while using
the Barreras Marketing Service; (3) use the Barreras Marketing Service for any unlawful
purpose; or (4) resell or export the software associated with the Barreras Marketing Service.
Barreras Marketing does not promote, recommend or condone use of the Barreras Marketing Service during certain activities, such as automobile driving,
where there is a significant risk of accident. You agree not to use the Barreras Marketing Service during such activities.
Third Party Offers
The Barreras Marketing Service may contain links to third party web sites or
programs that are not controlled by or affiliated with Barreras Marketing.
Barreras Marketing is not responsible for the content, offers or privacy policies
of such sites and programs, including, without limitation, your
redemption of such offers or a merchant's refusal to honor any offer.
Your dealings with third party sites are solely between you and the
applicable third party.
Charges for Using the Barreras Marketing TwittDeal Service
Barreras Marketing currently provides the Barreras Marketing Service to you free of charge. However,
when you use the Barreras Marketing Service, you may be subject to charges
imposed by your wireless or other applicable carrier. Payment of such
charges is solely your responsibility.
Barreras Marketing - Get Coupons Hawaii/TwittDeal Text/Tweet Message (SMS) Service
To opt in or subscribe to Barreras Marketing's TwittDeal.com, you can register from our website at http://www.Twittdeal.com
, twitter.com and opt to follow @Twittdeal by phone. Standard carrier rates apply to all text
messages sent to or from the Barreras Marketing text message service. For more
information, check your mobile phone service plan or visit your
carrier's website.
After you register
to follow the Barreras Markrketing TwittDeal service, all further SMS text messages will be sent
strictly on an opt-in basis. If you have opted in to receive text
messages, you can still choose to opt out at any point thereafter.
To
opt out from our text message service, send a text message with the
word "off" to 40404 from your mobile phone and we will unsubscribe you
from our text message service. You will not receive any additional text
messages until you opt to follow again on our website or via your mobile phone.
To get help with the Barreras Marketing text message service, you may email us at ben@barrerasmarketing.com.
You
can also request our contact information from your mobile phone at any
time by sending a text message with the word "HELP" to 808 280 2602
Use of Information Submitted
You agree that Barreras Marketing is free to use any comments, information or
ideas contained in any communication you may send to Barreras Marketing without
compensation, acknowledgement or payment to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing
and marketing products and services and creating, modifying or
improving the Barreras Marketing Service or other products or services.
No Warranty & Liability Limit
BARRERAS MARKETING PROVIDES THE BARRERAS MARKETING SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER
EXPRESS, IMPLIED OR STATUTORY. CELLFIRE SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to
you. Barreras Marketing assumes no liability or responsibility for any errors or
omissions in the Barreras Marketing Service; any failures, delays or
interruptions in the Barreras Marketing Service; any losses or damages arising
from the use of the Barreras Marketing Service, including, without limitation,
any damage to your mobile device; or any conduct by users of the Barreras Marketing Service. We reserve the right to deliver the Barreras Marketing Service
in our sole and absolute discretion.
IN NO EVENT SHALL CELLFIRE, ITS SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU
FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CELLFIRE SERVICE OR
THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the
exclusion of certain damages, so the above may not apply to you. If any
applicable authority holds any portion of this section to be
unenforceable, then liability will be limited to the fullest possible
extent permitted by applicable law.
Indemnity
You
agree to indemnify and hold Barreras Marketing and its related companies, and
each of their respective shareholders, directors, officers, employees,
agents and merchant partners harmless from and against any third-party
claim or cause of action, including reasonable attorneys' fees and
court costs, arising, directly or indirectly, out of your use of the Barreras Marketing Service or your violation of any law or the rights of any
third party.
Disputes
1. Governing Law
YOU AGREE THAT
THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU
AND BARRERAS MARKETING arising from or relating to these Terms of Service, their
interpretation or breach, termination or validity, the relationships
which result from these Terms of Service, the Cellfire Service,
Cellfire's advertising or any related transaction SHALL, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR
CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND BARRERAS MARKETING, its
agents, employees, principals, successors, assigns, affiliates
(collectively for purposes of this paragraph, "Cellfire") arising from
or relating to these Terms of Service, their interpretation or breach,
termination or validity, the relationships which result from these
Terms of Service (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to these
Terms of Service), the Barreras Marketing Service, Barreras Marketing's advertising or any
related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH
THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE
RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The
arbitration will be limited solely to the dispute between you and Barreras Marketing. NEITHER YOU NOR BARRERAS MARKETING SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM
AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. Any award of the arbitrator shall be final and binding on
each of the parties and may be entered as a judgment in any court of
competent jurisdiction. Each party shall pay its own costs and
attorneys' fees. However, if any party prevails on a statutory claim
that affords the prevailing party attorneys' fees, or if there is a
written agreement providing for fees, the arbitrator may award
reasonable fees to the prevailing party, under the standards for fee
shifting provided by law.
3. Limitations of Actions
Any claim or cause of
action arising out of or related to your use of the Barreras Marketing Service
must be filed within one (1) year after such claim or cause of action
arose, regardless of any statute or law to the contrary. In the event
any such claim or cause of action is not filed within such one (1) year
period, such claim or cause of action shall be forever barred.
Right to Terminate
Barreras Marketing, LLC. reserves the
right in its sole discretion to terminate or restrict your use of the Barreras Marketing Service, without notice, for any or no reason whatsoever.
General
If any provision of these Terms of Service is
held to be invalid or unenforceable, such provision shall be struck,
and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe or
describe the extent or scope of such section. Our failure to enforce
any provision of these Terms of Service shall not constitute a waiver
of that or any other provision. These Terms of Service set forth the
entire understanding and agreement between you and Get Coupons Hawaii with
respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms
of Service or the download and/or use of the Get Coupons Hawaii/ Barreras Marketing Virtual Marketing Service, please
contact us at:
Barreras Marketing
P.O. Box 11835
Lahaina, HI, 96761