Terms of Service 1 — CouponClub

Terms of service.

Terms of Service for CouponClub | Deals Near You.

Last updated: 4/24/2023

These Terms of Service (“Terms”) are an agreement between you and CouponClub LLC. (“CouponClub,” “we,” “us,” or “our”), the owner and operator of the CouponClub | Deals Near You mobile application (“Apps”), related website available at www.couponclub.app and associated services (collectively, the “Service”). These Terms apply to your access and use of any part of the Service. If you do not wish to be bound by these Terms, do not use any part of the Service. Capitalized words used in the Terms have the definitions ascribed to them in these Terms.

1. About the Service

b. Access. Use of the Service requires a compatible mobile device and requires Internet access. Your ability to use the Service may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Service made available by CouponClub.

c. Privacy Policy. Our privacy practices are described in our Privacy Policy. Please review the Privacy Policy, it controls: (a) what information we may collect about you; (b) how we use that information; (c) what information, if any, you are agreeing to share with third parties; (d) with whom we share your information; and (e) your privacy options.

2. Registration

To use the Service, you must register for an account (“Account”) by providing your legal name (full first and last names), your email address and personal mobile telephone number. You may not register with a virtual or V.O.I.P. number (e.g., Google Voice, Line 2, etc.). We will send a verification code to your email and mobile device to confirm your identity. You agree to take all reasonable precautions to protect your email account, mobile device, and Account and notify us at help@couponclub.app of any breach of security or unauthorized use of your Account. Each Account requires a user’s legal name, unique email address, unique mobile number linked to a mobile carrier’s activated SIM card and a unique mobile device. You may only have one active Account regardless of how many mobile phone numbers or devices you have. You may only have one mobile device linked to your account.

3. License to Use the Service; Ownership

a. License. Subject to your compliance with these Terms, CouponClub grants you a limited, non-exclusive, non-transferable license to access and use the Service during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else.

b. Restrictions. You agree that you will not: (i) reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service or any part thereof; (ii) take any measures to interfere with or damage the Service or any part thereof.

c. Ownership. You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service or any other CouponClub products or services, or any modifications or derivative works of any of the foregoing. The Service is licensed, not sold, to you and is owned by CouponClub and its licensors. Except as expressly set forth herein, CouponClub reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other CouponClub products and services. You agree not to obscure, alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service.

d. Apple App Store Terms. The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that these Terms are solely between you and CouponClub, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, paid by you for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and CouponClub acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and CouponClub acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, CouponClub, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with any applicable third-party terms of agreement when using the App. You and CouponClub acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against you.

e. Mobile Software from Google Play Store. If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App. CouponClub and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by CouponClub or you (or any other user) under these Terms or the Google Play Terms.

4. Consent to Communication

a. Communication Methods. By using the Service, you agree that we and our partners may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. Communication will be made primarily through the use of text messages to the mobile phone number used to register your Account. We, and our partners, may also contact you through your email address. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent to receiving electronic notices, please notify us at help@couponclub.app.

b. Messaging Rates. Text messages sent and/or received may be subject to standard text messaging rates that may be imposed by your mobile carrier. Additionally, text messages sent and/or received may count towards any monthly quota your mobile carrier may have, as applicable. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your mobile carrier.

c. Surveys. By using the Service, you agree that we may contact you via telephone, text or email for the purpose of requesting your participation in surveys regarding the Service. To withdraw your consent to receiving survey participation requests, please notify us at help@couponclub.app.

d. Message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages will vary. We may send you messages to advise you of promotions and other special offers. The frequency of such messages will vary. If you have any questions about your text plan or data plan, contact your wireless provider. For all questions about the services provided by text messaging, you can send an email to help@couponclub.app.

If you have any questions regarding privacy, please read our Privacy Policy.

5. Feedback and Use Restrictions

a. Feedback. You agree that any suggestions, comments, ideas, corrections, improvements, feedback or other information you provide CouponClub (collectively, “Feedback”) shall be the sole and exclusive property of CouponClub and you hereby assign, for no additional consideration, all of your rights, title and interest in and to such Feedback to CouponClub. CouponClub is free to use, disclose, reproduce, license and otherwise distribute the Feedback, in connection with any product or service, including the Service, without any obligations or restrictions of any kind to you.

b. Representations and Warranties. You represent and warrant that: (a) you have the right to submit all Feedback to CouponClub and grant the licenses set forth in these Terms; (b) CouponClub will not need to obtain licenses from any third party or pay royalties to any third party to use the Feedback in accordance with these Terms; (c) the Feedback do not infringe any third party’s rights, including but not limited to intellectual property rights and privacy rights; and (d) the Feedback comply with these Terms and all applicable laws.

6. CouponClub Service Options

a. Memberships. CouponClub offers two types of memberships. The Lite Membership is free-of-charge while the Pro Membership requires payment before it can be accessed. We may also offer special promotional plans, memberships, or services.

b. Service limitations and modifications. We use reasonable efforts to keep the CouponClub Service operational and to provide you with access to deals from businesses on CouponClub. However, our service offerings and their availability may change from time to time, without liability to you; for example:

- The CouponClub Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve the CouponClub Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the CouponClub Service (including particular functions, features, membership plans, and promotional offerings).

CouponClub has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

7. Payments and cancellation

a. Billing. You may purchase a Pro Membership by paying a subscription fee plus applicable taxes in advance on a monthly or annual basis. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

b. Price and tax changes. CouponClub may from time to time make changes to the Pro Membership, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the CouponClub Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Pro Membership prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

c. Renewal and Cancellation. Your payment to CouponClub or the third party through which you purchased the Pro Membership will automatically renew at the end of the applicable subscription period, unless you cancel your Pro Membership before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free, Lite membership. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

8. Coupons and Redemptions

a. Coupons. Coupons, referred to as “Deals” in the App, can be found, saved, and redeemed within the App. There are 3 types of coupons: (a) percentage discount (b) dollar amount discount (c) free item. Businesses on CouponClub are required to have a perpetual deal which is always available to members of CouponClub. Businesses can also create limited time Deals, known as “Hot Deals”. We are not responsible for any errors or omissions in the Coupons or Deals that are offered through our app.

b. Redemptions. To redeem a coupon, users must show the business the coupon, which includes their profile photo and the current date, to validate their active membership. Coupons can only be redeemed once per day. We cannot guarantee that businesses will honor a coupon. However, if there are any issues, users should report the business to us at help@couponclub.app and we will take appropriate action. We also are not responsible for the actions or inactions of any businesses that honor coupons redeemed through our app. We are also not responsible for any limitations or requirements set by businesses, including but not limited to, reservations, appointments, and/or pickups. You are not guaranteed a reservation and/or appointment at a restaurant or any establishment using CouponClub.

9. Termination

a. CouponClub reserves the right to suspend, disable or delete Accounts, and/or your ability to access the Service (or any part of the Service) at any time for any reason whatsoever, including but not limited to, violating these Terms.

b. If you violate these Terms, all licenses granted to you by CouponClub, including permission to use the Service, will terminate automatically. Additionally, CouponClub may suspend, disable, or delete your Account and/or your ability to access the Service (or any part of the Service), with or without notice, for any or no reason. If CouponClub deletes your Account for any suspected violation of these Terms by you, you are prohibited from re-registering for the Service whether you use the same or a different name, email address, or mobile telephone number.

c. You may cease use of the Service at any time. We do not automatically delete your Account information so you may easily rejoin the Service. If you want CouponClub to delete your Account information, you must email us at help@couponclub.app. CouponClub reserves the right to maintain any user information it determines is necessary to comply with applicable laws or as part of its data retention practices.

d. All provisions of these Terms, which by their nature should survive the termination of these Terms, shall continue in full force and effect subsequent to and notwithstanding any termination of the Terms by CouponClub or you.

10. Indemnification

You agree to indemnify and hold harmless CouponClub, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, partners and co-branders from any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Service, your violation of any third party’s proprietary or other rights, or breach of these Terms. You further agree to indemnify CouponClub for all costs and expenses that CouponClub incurs in the event that you commit a violation of these Terms or the terms of any other agreement with CouponClub.

11. Disclaimer of Warranties; Limitation of Liability

a. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT COUPONCLUB IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICE, WHETHER ON OR OFF THE SERVICE. COUPONCLUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE.

b. COUPONCLUB PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. COUPONCLUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, COUPONCLUB MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THAT COUPONCLUB WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE; (D) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICE, EVEN IF LINKED TO, FROM OR THROUGH FROM THE SERVICE.

c. IN NO EVENT WILL COUPONCLUB, ITS AFFILIATES AND/OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR CLAIM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY BUSINESSES CONTACTED THROUGH OR IN CONNECTION WITH THE SERVICE, ANY REWARDS OR EXPERIENCES ACQUIRED THROUGH THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE OR ANY CONTENT ON THE SERVICE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

d. COUPONCLUB’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00 USD).

e. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Arbitration and Class Action Waiver

a. Informal Process First. You agree that, in the event of any dispute between you and CouponClub, you will first contact CouponClub and make a good faith sustained effort to resolve the dispute before resorting to arbitration under this Section.

b. Binding Arbitration. Any dispute or claim arising in any way from your use of the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

c. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must treat these Terms as a court would.

d. Arbitrator and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) before a neutral single arbitrator, whose decision will be final and binding. The arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

e. Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and the relief requested. Your notice must be sent to legal@couponclub.app. CouponClub will send any notice of dispute to you at the contact information we have for you.

f. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

g. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, CouponClub will pay all other AAA and arbitrator’s fees and expenses.

h. Individual Basis. To the fullest extent permitted by applicable law, you and CouponClub each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and CouponClub each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

i. Limitation Period. In no event shall any claim, action or proceeding by you or CouponClub be instituted more than one (1) year after the cause of action arose.

j. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

k. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and CouponClub each agree to the exclusive jurisdiction of the Federal and State courts located in New York, New York, and you and CouponClub each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any applicable dispute or claim.

l. Opting Out. If you do not want to arbitrate disputes with CouponClub and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@couponclub.app within thirty (30) days of the date you first access or use the Service.

13. Modification of the Terms

You agree that, from time to time, CouponClub may (in its sole discretion) modify, add or remove any or all parts of these Terms and/or the Service. CouponClub will post any changed version of these Terms and indicate its effective date at the top of the Terms. Such modifications will be effective immediately upon posting of the modified Terms. Each time you access or use the Service, you should check to see if the Terms or Privacy Policy has changed. Whether you do so or not, the Terms and Privacy Policy in effect at each time you access or use the Service will apply at such time. If we make any material changes, we will use commercially reasonable efforts to notify you by means of a notice on the Service. Your continued use or access of the Service following the posting of changes to these Terms indicates your acceptance of those changes.

14. Miscellaneous

These Terms are the complete and exclusive agreement between you and CouponClub with respect to the subject matter of these Terms, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and CouponClub with respect to the subject matter of these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CouponClub without restriction. These Terms may not be deemed modified, explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms shall be governed by the laws of the State of New York, notwithstanding any principles of conflicts of law. The section headings used in these Terms are for convenience only and will not affect the interpretation of these Terms. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.

Thank you for using CouponClub | Deals For You!

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Terms of Service for CouponClub for Businesses

Last updated: 4/24/2023

These Terms of Service (“Terms”) are an agreement between you and CouponClub LLC. (“CouponClub,” “we,” “us,” or “our”), the owner and operator of the CouponClub for Businesses mobile application (“App”), related website available at www.couponclub.app and associated services (collectively, the “Service”). These Terms apply to your access and use of any part of the Service. If you do not wish to be bound by these Terms, do not use any part of the Service. Capitalized words used in the Terms have the definitions ascribed to them in these Terms.

1. About the Service

a. Eligibility. You must be at least 18 years old to use the Service. By using any part of the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. You must have the authority to act on behalf of the business or businesses associated with your account and bind any such business (including any corresponding business entity) to the Terms (such business or businesses, your “Business”). Your Business must comply with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services.

2. Registration

To use the Service, you must register for a business account (“Account”) by providing your legal name (full first and last names), your email address, business name, business address, and evidence that you are an authorized representative of the business. This evidence can include, but is not limited to, business licenses, tax forms, and utility bills. Your business account will not become active until we have verified the legitimacy of your business and identity. We will send a verification code to your email to confirm your identity. You agree to take all reasonable precautions to protect your email account, mobile device, and Account and notify us at help@couponclub.app of any breach of security or unauthorized use of your Account. Each Account requires a user’s legal name, unique email address, unique business name, unique address, and business verification.

3. License to Use the Service; Ownership

a. License. Subject to your compliance with these Terms, CouponClub grants you a limited, non-exclusive, non-transferable license to access and use the Service during the term of these Terms. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else.

4. Consent to Communication

a. Communication Methods. By using the Service, you agree that we and our partners may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. Communication will be made primarily through the use of email to the email address used to register your Account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent to receiving electronic notices, please notify us at help@couponclub.app.

b. Surveys. By using the Service, you agree that we may contact you via telephone or email for the purpose of requesting your participation in surveys regarding the Service. To withdraw your consent to receiving survey participation requests, please notify us at help@couponclub.app.

If you have any questions regarding privacy, please read our Privacy Policy.

5. Feedback and Use Restrictions

6. Coupons and Redemptions

a. Coupons. Coupons, referred to as “Deals” in the App, can be found, saved, and redeemed by members within the CouponClub | Deals For You App. There are 3 types of coupons: (a) percentage discount (b) dollar amount discount (c) free item.

b. Perpetual and Hot Deals. As a business user of our App, you are required to offer a perpetual deal, which is a special offer that is always available to customers with a valid, active membership. In addition to your perpetual deal, you may also offer limited time deals, known as "Hot Deals." Deals are customizable within limits set by CouponClub within our App.

c. Accuracy of Coupons. As a business user of our App, you are solely responsible for the accuracy of any coupons that you offer through our app. It is important that you accurately represent the terms and conditions of your offers to avoid any misunderstandings or disputes with customers. You should also ensure that you have the necessary rights and permissions to offer any coupons or deals through our App.

d. Editing Coupons. You may edit Perpetual and Hot Deals but the following limitations apply: (a) any changes to your perpetual deal will only go live 7 days after you submit them. Customers who have saved the deal will be notified of the upcoming change. (b) Hot Deals cannot be modified once they are live after their start date and time.

e. Redemptions. You are required to honor coupons presented by customers that have a valid, active membership. Coupons are valid for both dine-in and pick-up. You or your staff should review the coupon to validate that the profile photo matches the customer and today's date is accurate. If there are any issues, customers may report the business to us and we will take appropriate action. We reserve the right to terminate your account as a business user if you fail to honor coupons in a timely and satisfactory manner.

7. Referrals

a. Referrals. You will receive a unique referral code that you can share with customers to invite them to join.

b. Rewards. As a business user of CouponClub, you may be eligible to receive rewards for referring new customers to the app. When you refer a customer to CouponClub, you will receive 10% of their paid monthly membership fees or a different, agreed upon amount.

c. Payout. Rewards will be paid every six months on May 15th and November 15th of each year. Rewards under $15,000 annually will be paid in the form of a digital, prepaid debit card delivered via email to your preferred email. You are responsible for the acceptance and redemption of the prepaid debit card. Rewards over $15,000 annually will require a different payment arrangement. We will contact you at the email provided by you to arrange alternative payment for rewards that amount to over $15,000. You are responsible for providing a valid email and responding to our email to arrange payout before the next payout date. We are not responsible for the terms of use, redemption, expiration, fees, and other conditions that may apply to the prepaid debit card set by the provider of the prepaid debit card. CouponClub is not responsible for lost or stolen prepaid debit cards.

d. Rewards Eligibility. To be eligible for referral rewards, you must have an active Account and be in good standing, provide a preferred email for reward payment, and follow the Terms of the App. If your Account is terminated or canceled prior to a payout date, your accrued rewards will be invalid. CouponClub reserves the right to modify or terminate the referral reward program at any time without notice.

8. Termination

9. Indemnification

10. Disclaimer of Warranties; Limitation of Liability

d. COUPONCLUB’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

e. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Arbitration and Class Action Waiver

f. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

i. Limitation Period. In no event shall any claim, action or proceeding by you or CouponClub be instituted more than one (1) year after the cause of action arose.

12. Modification of the Terms

13. Miscellaneous

Thank you for using CouponClub for Businesses!