COUPERT TERMS OF USE

Last updated April 18, 2024
Introduction

These Terms of Use ("Agreement" or "Terms of Use") are an agreement between you and Coupert and govern your access and use of the Coupert website, Coupert Mobile App, and Coupert browser extension. By visiting the Coupert website, using the Coupert Mobile App, and Coupert browser extension, you agree to the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please do not use this site if you do not accept these Terms of Use. Coupert may amend this Agreement from time to time. If you do not agree to the changes, you must cease use of the Coupert Service, website, Mobile App, and uninstall the browser extension. By continuing to use the Coupert Service, website, Mobile App, and browser extension following any changes to this Agreement, you agree to be bound by those changes.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING PROVISIONS:
  • ARBITRATION CLAUSE;
  • CLASS ACTION WAIVER; AND
  • RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST COUPERT THAT MAY ARISE OUT OF THE USE OF COUPERT’S SERVICE.

By using or otherwise accessing Coupert’s website, mobile app, and browser extension, you agree to the foregoing provisions as set forth in more detail herein.

All reasonable efforts are taken to keep the information on this site updated. It is possible special offers and discounts are removed or changed by suppliers without our knowledge. Coupert does not specifically ensure or confirm accuracy of the information presented on this site. We will not be liable for any loss or damage incurred from purchases of products or services from our partner sites based on the information provided on this site. We are not liable for any errors or omissions in any information provided on this site.

Privacy

We take your privacy seriously. Please review our Privacy Policy at https://www.coupert.com/privacy for more information. When viewing any external sites from a link on our site, we recommend you review their Privacy Statements as well. Coupert will not sell, trade, or rent your personal information to others. We do not automatically log personal data nor do we link information automatically logged by other means with personal data about specific individuals. We may use IP addresses to compile and provide aggregate statistics about our visitors, traffic patterns, and administer the site. This statistical information may also be related to third parties, but these statistics will not include any personally identifying information, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. We collect only the personal data that you may volunteer while using our services. We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations.

Description of the Service

The services provided by Coupert include offering Coupons and Price Comparison when shopping online("Service"). Coupert also offers one or more rewards programs ("Rewards Programs"), including a Cash Back Program, where you may have the opportunity to earn points, also referred to as coins, dollar amounts, golds, and other credits/rewards (collectively, "Rewards"). Additionally, Coupert offers a paid service called Coupert Plus, where you ll receive exclusive benefits such as extra Cash Back rewards, missing Cash Back subsidies, shipping rebates, free withdrawal fees, and more.

About Coupons

Coupert gathers public coupons, vouchers, and exclusive deals from the internet or partner retailers, ensuring they're updated daily. Simply add the Coupert browser extension, click the button to initiate automatic testing, and let us assist you in discovering the most cost-effective coupon for your purchase.

Coupons and discount codes are subject to availability. Exclusions, limitations, and terms & conditions—including those set by third-party merchants—may apply. Deals frequently change, and as a result, applying offers, coupons, and discount codes at checkout might not always yield savings for your order.

Although we strive to secure the best discounts and coupons for you, and to identify the lowest prices, we can't guarantee the best deal every time. Coupert is not responsible for any savings that may be missed.

The effectiveness of a code can vary depending on the contents of your cart, its size, and any potential exclusions.

About Price Comparison

Coupert's Price Comparison service helps users understand the price differences of goods or services across different merchants or shopping platforms, providing users with comprehensive product shopping channels and timely, accurate merchant price information. All price comparison information remains neutral, transparent, and non-biased recommend. Therefore, users need to be fully aware of the following responsibilities when using the service:

    1、Legitimate use of the price comparison service: Users should use the service legally and must not engage in any illegal activities using the service. Users undertake not to send or upload any illegal, infringing, or defamatory content through the service.

    2、Identify changes in product information: Users should understand that product information may change at any time, including but not limited to prices, stock availability, promotions, etc. Therefore, we strongly recommend that users verify the latest product details on the final website before placing an order to avoid misunderstandings or inconvenience.

    3、Identify merchant reputation: Coupert may provide some reference information that may reflect the reputation of merchants, but is not responsible for guaranteeing the reputation of merchants. Users need to discern the credibility of merchants themselves and decide whether to make a purchase.

    4、Identify product pricing: Coupert endeavors to obtain the final prices of goods sold by merchants, but does not rule out the possibility of some merchants lowering prices through packaging, splitting, hiding, etc., to attract users to buy. Users need to discern this and pay attention to the final price.

    5、Assume risks on their own: Users should bear the risks of using the service on their own, including but not limited to risks associated with transactions with merchants. We do not assume any responsibility for any direct or indirect losses incurred by users due to the use of the service. Although we strive to provide users with the latest information and recommendations, users still need to make decisions cautiously based on their own circumstances and preferences.

About Rewards Program

This is a set of rewards programs provided by Coupert. The rewards may come in the form of points, coins, dollar amounts, golds, and other credits/rewards (collectively referred to as "Rewards"), related to your participation in or interaction with various game offers, advertising, content, shopping opportunities, special offers, surveys, coupons, location-based deals, and other Rewards opportunities (collectively, "Offers" & "Surveys").

Cash Back

Online Stores pay us a referral fee when you use our service and we send you to the website you are shopping. We share the fee directly with you - it's just that simple. So Cash Back is EXTRA Savings, no matter whether the coupon code is applied or not, if you activate it and complete your orders with Coupert.

The determination of whether a purchase made through a store qualifies for Cash Back is at the sole discretion of Coupert. If the store does not attribute your transaction to Coupert or fails to make payment to Coupert for any reason, Coupert reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate.

Your order must be tracked by Coupert and then you will receive Cash Back. Coupert will investigate the Missing Cash Back you reported, but is not responsible for the final results. Please notice that Coupert may not get the referral fee and you may not receive the Cash Back under such circumstances:

    1. Didn’t click the Coupert button to activate Cash Back before purchase.

    2. Didn’t activate the Coupert Cash Back with an empty shopping cart.

    3. Used some other Cash-Back/rewards programs or coupons from other sources.

    4. Used Ad-blocking software or disabled third-party cookies.

    5. Used gift cards or store credit cards to pay for your order.

    6. Modified your order via the store website, email, and other ways.

    7. Problem with the affiliate technology and other reasons.

When you use two or more coupons/Cash Back/reward programs including our Service and other publishers, the credit can only be attributed to one of us. We don't have a way of knowing which company will receive credit for your transaction. Before placing your order, please confirm that Coupert is the only or last Cash Back program you have activated.

Sometimes, we may not get the referral fee when some items you purchased are not supported by the store or its coupon policy or other reason (including but not limited to region, and promotion period), then you are not eligible to get the Cash Back in these cases. For some stores, such as alibaba.com, the order will be untracked and you will not receive Cash Back if you have communication with the seller before the purchase. Please follow the store’s transaction policy to make your purchase.

Cash Back is only paid on legitimate transactions. Coupert may make account adjustments for any Cash Back that Coupert, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with the Coupert Cash Back Terms or any other applicable law or regulation.

If the Cash Back rate of a store is 0.1 - 20% (We may use similar terminologies such as "Up to 20%" ), that is to say, the Cash Back rate varies from 0.1% to 20%. The Cash Back rate is variable, depending on your order amount, the items and category of your purchase, and the store. We are not able to track the SKU or items of your order, for now, so we can not calculate your Cash Back before your orders are verified by the store and we are informed about the transactions, so the displayed Cash Back rate is an estimated value calculated from the history data.

Cash Back amounts are generally based on your final purchase amount and do not include taxes, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cash Back.

The maximum Cash Back reward for a single order is $200.00.

In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns, cancellations, the exchange rate of currency, or other store policy reasons with respect to Cash Back Program purchases. Your account balance may also be reduced accordingly. Additionally, Coupert reserves the right to reject your withdrawal if you return or exchange the items purchased after requesting a withdrawal.

Cash Back will remain Pending for 30-120 days before the store confirms your purchase and verifies that no items have been returned or refunded. The Pending period may vary depending on your purchase store, order amount, and your Coupert account level. You can redeem it via PayPal or eGift Card when the status of your Cash Back is Confirmed.

Bonus

Regardless of whether they are expressed as points or dollar amounts, Rewards have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards Program from time to time (collectively, "Redemption Prizes"), subject to these Terms of Services and the Rewards Program redemption requirements at the time of redemption.

You may receive Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. Subject to the other provisions of these Terms of Services, Coupert will deposit any Rewards for Offers that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the "Account").

Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer (including any time limitations or waiting periods for acceptance or completion of the Offer) and in compliance with these Terms of Services, and Coupert and/or its third-party Rewards Program partners are able to properly validate, track and your record.

You acknowledge and confirm that the offers and surveys in the Coupert Reward Program are provided by third-party service providers. We do not provide any review, recommendation, or endorsement, and we do not assume any responsibility for the functionality, quality, legality, or non-infringement provided by the designated third party. We are not responsible for any disputes between you and the third-party platform. When you use the Coupert Reward Program, you bear the risks that may be caused by the related content.

Please be sure to review all applicable terms of Offers and Rewards before deciding whether or not you would like to participate. We also reserve the right to: (i) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (ii) change or limit the eligibility for or allowable frequency of Offers, and (iii) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period. All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.

Gold

Gold cannot be purchased, are not your property, are not money, can expire as described in this Agreement, and have no value prior to redemption. Upon redemption, additional terms may apply. Gold are not transferrable under any circumstances (except where Coupert expressly makes transfer or account linking functionality available within the Rewards Program and then subject to any additional terms or limitations set out by Coupert) and can expire as further explained below. Without limiting the foregoing, Gold are not descendible and may not be transferred by operation of law (including via inheritance, bankruptcy, or in the event of divorce). You understand that benefits you receive through the redemption of Gold may qualify as reportable by Coupert and taxable income to you under applicable law. You are solely responsible for any tax liability incurred in connection with your participation in the Rewards Program.

Coupert reserves the right at any time to cancel, terminate, modify, or restrict Rewards Program (for some or all users), or any aspect of the Rewards Program, including any available offers, point redemption ratios, redemption options, expiration terms, etc. Coupert reserves the right to apply such changes retroactively to Gold already accrued. You understand that, in some cases, withdrawal or reversal of previously credited Gold may result in your having a negative Gold balance and you will be unable to redeem any subsequently earned Gold until you have returned to a positive Gold balance. You agree that Coupert has the right to limit the quantity of Gold you may earn, refuse to provide you Gold, or otherwise modify, restrict, or eliminate your ability to earn or redeem Gold in our sole discretion and without prior notice to you.

Expiration of Cash Back & Gold & Bonus
  • 1. After receiving Cash Back or Gold rewards, users can visit the Coupert website or mobile app, click on "My Cash" or "My Gold" to view detailed information about their rewards.
  • 2. Some rewards need to be claimed by users themselves, and the claiming period is valid for 7 days from the time of issuance. Rewards not claimed within this period will expire and become void.
  • 3. We will maintain the existing expiration mechanism, meaning that if a user's account remains inactive (defined as not clicking on any pages or buttons) for 12 months, all Coupert rewards will be deducted.
  • 4. New expiration rules:
  • Gold Expiry: From the date of Gold issuance, if it remains unused or unconverted into balance for more than 12 natural months, the corresponding Gold will be marked as expired.
  • Cash Back Expiry: Once Cash Back reaches a withdrawable state (Confirmed status), if a user fails to withdraw it (via PayPal or gift card redemption) within 24 natural months, the corresponding Cash Back will transition to an Expired status, resulting in a reduction of the Coupert balance.
  • Bonus Expiry: After becoming withdrawable (Confirmed status), if a user does not claim their Bonus (withdrawn through PayPal or gift card redemption) within 24 natural months, the corresponding Bonus will be marked as Expired, leading to a decrease in the Coupert balance.
  • 5. If you delete Coupert account, any unredeemed or redeemed but unused rewards and benefits will be automatically cleared to zero.
About Coupert Plus Service

The Coupert Plus Service is a premium membership service designed for Coupert users. It is a paid service aimed at making shopping more cost-effective by providing high-quality additional benefits and services. Considerations for Coupert Plus Service:

  • 1. When submitting an application for opening, users agree to provide and submit the required information such as email to this site, and ensure that the registration information provided is accurate, complete, and valid. If the user provides inaccurate or incomplete registration information, the user shall bear the corresponding responsibilities and consequences arising therefrom, and Coupert reserves the right to terminate the user's participation in the activity.
  • 2. After the service is opened, users should carefully and reasonably save and use their user names and passwords, and shall not lend the account obtained by registering on this site to others. Otherwise, the user shall bear all the resulting responsibilities. At the same time, Coupert has the right to reserve the right to make independent judgments and may take measures such as suspending or closing user qualifications for participation.
  • 3. Users agree that Coupert has the right to send relevant activity information and other necessary information to them through emails and other forms.
  • 4. All actions performed by PLUS users through Coupert accounts should comply with laws and regulations, platform rules, user registration agreements, and PLUS service user agreements. When violations, illegal orders, and illegal accounts occur, Coupert has the right to take action in accordance with the above-mentioned platform rules. Your account and order will be processed, such as deducting rewards, freezing or closing the account, suspending or stopping the provision of services, closing the qualification for PLUS service activation, shutting down the activated PLUS service, and all the PLUS service rights that have been bound or obtained will be/ For operations such as partial cancellation or suspension of use, paid membership service fees will not be refunded, and no compensation or compensation will be made.
  • 5. When PLUS user violations include but are not limited to the following behaviors, Coupert has the right to close your qualification for PLUS services, shut down the PLUS services you have subscribed, and all or part of the PLUS service rights that have been bound or acquired will be canceled or suspended. , and the paid membership service fees will not be refunded.
  • 5.1. Using Plus Service to make illegal profits;
  • 5.2. Assign or transfer Plus Service or Plus Service rights in any form;
  • 5.3. Activate the Plus Service through any improper means, such as maliciously by passing the normal activation process;
  • 5.4. When users use membership services, they use tools to place orders, arbitrage rights, place false orders, provide false transaction information, etc., disrupt the transaction order, and violate transaction rules;
  • 5.5. According to Coupert's judgment, the behavior of Plus Service users does not conform to the principle of fairness or the principle of good faith.
  • 6. Plus Service redemption code: It is the Plus Service formal service identification code provided by Coupert. The user can enter it at the Plus Service official service activation portal. After the system recognizes it successfully, the account can enjoy the corresponding period of Plus Service official membership service.
  • 7. Rules for using the Plus Service redemption code: Users need to register before using the Plus Service.
  • 8. Each Plus Service redemption code can only be redeemed once. Once bound, it can only be used for the bound account, and cannot be unbound or exchanged for use.
  • 9. Once the Plus Service redemption code is redeemed, it belongs to the individual and should be kept properly by the individual. Coupert is not responsible for the leakage, loss, theft, and other unusable or inactivated circumstances of thePlus Service redemption code.

You may redeem the Balance of your account to your PayPal account or by gift card. The Service is accessible by installing the Coupert browser extension and/or through downloading the Coupert Mobile App in the App store. Coupert does not charge fees to users for its Service. Coupert tries to locate available discounts and coupons to incentivize users to place orders on online retailers’ websites. The process of order and transaction tracking is facilitated through cookies linked to affiliate links. Once you complete a purchase, the retailer pays to Coupert a commission fee. If you are a California resident and expressly opt-in to the Cash Back program, Coupert will pay to you in the form of Cash Back a portion of the commission fee. If you are a resident outside of California, have created an account with Coupert, and have not opted out of the Cash Back program, Coupert will pay to you in the form of Cash back a portion of the commission fee. The commissions earned by Coupert are generated through affiliate marketing, only, and are not related to exclusive coupons provided to you. Coupert is not responsible for missed savings.

Please note that the terms and conditions of the Rewards Program are subject to change without notice. By continuing to use the Coupert Service, website, Mobile App, and browser extension following any changes to the Rewards Program or features, you agree to be bound by those changes. Please visit Coupert Help Center for updated information. Should you have any questions you may also contact us via email at [email protected].

Coupert does not warrant that the product descriptions, third-party offers or discount codes, or related merchant information for terms shown through the Service (including the Coupert browser extension, Coupert Mobile App or email offers) are accurate, complete, reliable, current, or error-free.

Savings offers and coupons are provided subject to availability. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. Due to the often changing of deals and offers, user’s application of offers, coupons and discount codes at checkout may or may not result in savings for your order.

Coupert Is Not Responsible for Third Parties

All products you purchase from a third-party merchant are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, state, or federal taxes, and any additional fees); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant. Coupert is not responsible for any third-party merchant products or any information contained on the third-party merchant’s website. This includes any third-party merchant products or any information that is displayed through Coupert’s website and Mobile App.

You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that Coupert is not responsible or liable to you for any products you purchase through using the Service. You also agree that Coupert is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If you have a dispute with any third-party (including a merchant from whom you purchased a product in connection with the Service), you agree that Coupert is under no obligation to become involved. To the maximum extent permitted by law, you release Coupert, its affiliates, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service. If you are a California Resident, you shall and hereby do waive California Civil Code Section 1542, which states:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Account Security Management

Regardless of whether you are a 'Member' (meaning you have created an account on Coupert) or a 'Visitor' (meaning you are using the service but have not yet created an account on Coupert), this agreement applies to you.

Third-Party Website Account Information: When you create an account on Coupert, we may allow you to register, log in, or otherwise associate your Coupert account with an account maintained by a third party (such as Facebook® or Google®). You represent that any associated accounts belong to you, and you have the right to link them to your Coupert account. Coupert is not responsible for any actions or negligence of the account provider, including accuracy and legality. If permitted by your associated account, Coupert may import information from your associated account to better serve you.

Account Security and Management: When you discover security issues with your account, we recommend that you immediately change your password and, if necessary, freeze your account. If you require Coupert's cooperation and assistance, please contact us in a valid manner.

Disclaimer of Representations and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUPERT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

COUPERT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRRANTIES, OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COUPERT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND COUPERT DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT. INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

    1. Comprehensiveness: Coupert continues to strive for comprehensive price comparisons, but it cannot cover all merchants and shopping platforms. Therefore, our services are not comprehensive. There may be merchants or shopping platforms that have not participated in the price comparison and have lower prices.

    2. Ranking of price comparison options: The ranking of price comparison options is mainly based on the prices and discounts of merchants and shopping platforms, and other factors such as cashback discounts will be taken into account when applicable. Coupert is designed to provide a comparative view, but the sorted results do not necessarily reflect the best deals.

    3. No endorsement statement: Any information and services provided by Coupert do not constitute an endorsement of products, merchants and shopping platforms. Rankings and ratings are based on the information available to us and should not be interpreted as explicit recommendations.

    4. Third-party links: We implement price comparison services by collecting and sorting out price information and product descriptions provided by various merchants, but we are unable to fully monitor and verify the source and accuracy of this information. Users should make their own judgment on the reliability of any information or advice obtained through our services and bear the corresponding risks.

    5. Information accuracy: We cannot guarantee the accuracy, completeness, or reliability of the price information and product descriptions provided by merchants. Users should make their own judgments and decisions, and we are not responsible for any direct or indirect losses caused by users relying on our services.

    6. Service Changes and Interruptions: The Service Provider reserves the right to modify or discontinue the Service, temporarily or permanently, at any time, with or without notice to the User. The Service Provider shall not be liable to Users or third parties for any modification, suspension, or discontinuance of the Service.

    7. User behavior: We are not responsible for any consequences caused by users using our services to engage in illegal activities. Users should bear all legal responsibilities arising from their actions.

    8. Merchant behavior: Coupert will find the most cost-effective promotion for you, but the final ownership of the promotion belongs to the merchant you shop with, and we are not responsible for the final result of the order.

    9. Account security: After you register successfully, you are responsible for keeping your Coupert account and password. Coupert does not bear any responsibility for the loss of passwords or financial losses caused by improper storage.

Limitations on Coupert’s Liability

COUPERT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOUR OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF COUPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COUPERT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED DOLLARS ($500).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF COUPERT SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Liability for breach of contract

You represent, warrant, and agree that you will not contribute any content or otherwise use or interact with the Service in the following ways:

    1. Infringe or violate the intellectual property rights or any other rights of any other person (including Coupert);

    2. Violate any laws, regulations, or this Agreement;

    3. Endanger the security of your Coupert account or anyone else (such as allowing others to log in to the service as you);

    4. Attempt to obtain passwords, accounts, or other security information from any other user in any way;

    5. Violate the security of any computer network or crack any password or security encryption code

    6. Run mailing lists, listservs, any form of auto-responder or "spam" on the Service, or any process that runs or is activated when you are not logged in to the Service, or otherwise interferes with the normal working of the Service (including by imposing an unreasonable load on the Service s infrastructure) or circumvents the Services navigational structure or presentation;

    7. "Crawl", "scrape" or "spider" any page, data, or portion of or relating to the Services or Content (through the use of manual or automated means);

    8. Copy or store any significant part of the content;

    9. Decompile, reverse engineer, or otherwise attempt to obtain the source code or basic ideas or information of the service or information related to the service;

    10. Circumvent, remove, alter, deactivate, downgrade, or impede any protection or security measures or any content protection implemented by Coupert as part of the Service.

If you violate or infringe any of the above rules, we may immediately suspend or terminate your rights to use or access the Service.

Indemnification

You shall defend, indemnify and hold harmless Coupert Limited and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Coupert Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.

Arbitration Clause & Class Action Waiver – PLEASE REVIEW THIS CLAUSE AS IT AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF [STATE]. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMIT THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU HAVE WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim with reasonable particularity to 8 The Green, Ste A Dover, DE 19901.

As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND COUPERT ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS ACTION CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a privacy attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of the applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or action arose or be forever banned.

If you do not want to arbitrate disputes with Coupert and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected] within thirty (30) days of the first date you access or use the service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum

This Agreement shall be governed by the laws of the State of California in the United States of America without regard to its conflicts or choice of law provisions. Any dispute with Coupert, or its officers, directors, employees, agents or affiliates, arising under or related to this Agreement shall be resolved exclusively as specified in the Arbitration Clause & Class Action Waiver clause herein, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Coupert may seek such relief in any court with jurisdiction over the parties. You agree that in return for agreement to this provision, Coupert is able to offer the Service at the terms designated with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Coupert, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
California Consumer Rights Notices

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N, Sacramento, CA 95834, or by telephone at (800) 952-5210.

To reach us please visit our Contact Us page for details.