Effective date: 03/11/2019
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND THE YOUR ARE NOT BARRED FROM RECEIVING PRODUCTS OR SERVICES UNDER APPLICABLE LAW.
This Agreement is organized as follows:
Promocodes.com is a leading coupon platform providing thousands of offers daily from the world's largest brands and retailers owned by Surfmyads.com. This Site is a platform through which third party merchants make available coupons, promotional codes, giveaways, samples, and offers for software downloads ("Coupons"), and otherwise make available certain offers to save you money and provide a smooth shopping experience in doing so.
The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to Surfmyads.com. By using the Site, you agree:
By using the Site, you agree not to behave in conduct or omit conduct that:
Surfmyads.com may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and Surfmyads.com data (collectively, "Software") are deemed to be licensed to you by Surfmyads.com, for your personal, noncommercial, home use only. Surfmyads.com does not transfer either the title or the intellectual property rights to the Software, and Surfmyads.com retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
Under certain conditions, Surfmyads.com also offers Cost Conscious Student Scholarship under its Promocodes.com website. Eligibility requirements, directions for submission, and other rules and conditions are available at https://www.promocodes.com/scholarships. For questions, please contact email@example.com.
Surfmyads.com may work with a number of partners and affiliates Internet sites. Because neither Surfmyads.com nor the Site has control over the content and performance of these partner and affiliate sites, Surfmyads.com makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Surfmyads.com shall not be responsible for any inaccuracies, misrepresentations, product or service liability, offensive, infringing, libelous or illegal materials, lack of availability of other sites, information, promotions, products, or services, viruses or other computer problems resulting from use of such sites, or any liabilities resulting from the terms and conditions of other sites, nor will Surfmyads.com be responsible for the timing or operation of any expiration dates of coupons, promotions, discounts or other offers published on the Services, which are under the sole and exclusive control of the third party sites to which you will be transferred from the Services. . Specifically, while we endeavor to validate the accuracy of the coupons, promotions or offers that we publish on our Site, under no circumstances do we guarantee that any such promotions, offers or coupon will work or be consistent with the advertised content of these promotions, offers or coupons.
You may be transferred to online merchants or other third party sites through links or frames from this Site. Any purchases you make will be through other websites and from other companies. You are cautioned to read such websites' terms and conditions and all policies, including policies regarding sales, returns, warranties and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites to your satisfaction. You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the coupons, offers and specials listed by the services. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Specifically, we make no representation or warranty as to the accuracy or fitness of use of any offers, including, but not limited to, coupons, rebates, discounts and other offers posted on the Site. You agree that Surfmyads.com, its affiliates, officers, directors, employees, consultants, agents, and representatives shall have no liability whatsoever from such third party sites and your usage of them. You understand that any linking to or from the Services does not imply in any way that Surfmyads.com is endorsed by or has any particular relationship with any third party.
All rights, title and interest in the Site, including technology and trade secrets embodies therein, copyright, trademarks, patents, trade secrets, trade dress and other proprietary rights and any derivative works therefor shall belong solely and exclusively to Surfmyads.com. You acknowledge that the Services offered under the Site constitute a valuable trade secret and/or are the confidential information of Surfmyads.com. Nothing contained on the Site should be understood as granting you an ownership interest in the Site nor a license to use any of the copyright, trademarks, service marks, or logos owned by Surfmyads.com or by any third party unless expressly stated otherwise by this Agreement or the Site. All content and material included in the Site, including, without limitation, text, software, photos, video, graphics, typeface, music, data and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Surfmyads.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content of its Site. You are prohibited from actually or attempting to download, copy, modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, unless you are expressly allowed to do so under US copyright law. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Site may include User Generated Content such as reviews, opinions, advice, ratings, discussions, surveys and other User Generated Content. Surfmyads.com does not pre-screen or review User Generated Content and disclaims any warranty that it will edit, remove or continue to display any User Generated Content and any liability for the content of such User Generated Content or that it will edit, remove or continue to display any such User Generated Content. By posting any User Generated Content, you represent and warrant that you have all right, title and interest into such content, that such content is in the public domain or that your use of such content constitutes fair use. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such submission. Surfmyads.com shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor and disclose the identity of the user and circumstances surrounding the transmission to any third party, at any time and for any reason. In addition, Surfmyads.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Surfmyads.com has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Surfmyads.com or of a third party, or otherwise violated any intellectual property laws or regulations. Surfmyads.com's policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Surfmyads.com to delete, edit, or disable the material in question, you must provide Surfmyads.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Surfmyads.com to locate the material; (d) information reasonably sufficient to permit Surfmyads.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Surfmyads.com's designated agent at:Surfmyads.com, Inc.
Surfmyads.com reserves the right to terminate your, or any third party's right to use the Site if such use infringes the copyright of another. All contents of Site or Service are: Copyright © 2019 Surfmyads.com. All rights reserved.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding trademark ownership, copyright ownership, and all other applicable intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
Surfmyads.com does not accept, review, or consider, directly or indirectly, unsolicited ideas of any kind. Please do not send Surfmyads.com, its affiliates, officers, directors, employees, consultants, agents, and representatives any unsolicited ideas, suggestions, material, images, or other work in any form. If you send us unsolicited materials, you understand and agree that Surfmyads.com has no obligation to review these unsolicited materials or keep unsolicited materials confidential, and Surfmyads.com may use and redistribute, unsolicited materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
SURFMYADS.COM HEREBY DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS ABOUT ITS SERVICES. SURFMYADS.COM IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFMYADS.COM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR NON INTERFERENCE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. SURFMYADS.COM DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE. SURFMYADS.COM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OF THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, DISCOUNT OR OTHER AVAILABLE OFFERS. DESCRIPTION OF MERCHANT OFFERINGS, DISCOUNTS OR PROMOTIONS OR USER CONTENT PROVIDED THROUGH THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SURFMYADS.COM FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT OR USER, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
SURFMYADS.COM ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENT'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL SURFMYADS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE, THIS AGREEMENT, THIRD PARTY OFFERINGS, ANY IMPROPER USE OF INFORMATION YOUR PROVIDE TO THE SITE, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SURFMYADS.COM. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SURFMYADS.COM DOES NOT WARRANT THAT THE SERVICES OR FUNCTIONS CONTAINED IN SURFMYADS.COM CONTENT AVAILABLE VIA THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM SURFMYADS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IN NO EVENT WILL SURFMYADS.COM'S LIABILITY IN CONNECTION WITH A COUPON, VOUCHER, PRODUCT OR SERVICE OFFERED ON ITS SITE EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON, VOUCHER, PRODUCT OR SERVICE.
You agree to defend, indemnify, and hold harmless Surfmyads.com, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Site, or any services, information or products from the Services; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, trademark, property, or privacy right; or (d) any claim that one or more of your submissions to the Services has caused damage to a third party. This defense and indemnification obligation will survive your use of the Services. Surfmyads.com reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnities listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Surfmyads.com shall be excused from performance under this Agreement, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Surfmyads.com.
You may not assign this Agreement, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Surfmyads.com. Any attempted assignment that does not comply with this Agreement shall be null and void. Surfmyads.com may assign this Agreement, in whole or in part, to any third-party in its sole discretion.
Any controversy, dispute or claim arising out of or relating to the terms of this Agreement or subsequent agreement or breach thereof shall first be settled through good faith negotiation. If the dispute cannot be settled through negotiation the parties agree to attempt in good faith to settle the dispute by mediation administered by JAMS. If the parties are unsuccessful at resolving the dispute through mediation, the parties agree to arbitration administered by JAMS in Los Angeles, California pursuant to its streamlined Arbitration Rules & Procedures, except that you may bring a qualifying claim over a Dispute in a small claim court. By virtue of this Clause, you and Surfmyads.com are each giving up the right to go to court and have a Dispute heard by a judge or jury except as otherwise set forth in this Agreement. The provisions of this clause shall constitute your and Surfmyads.com's written agreement to arbitrate Disputes under the Federal Arbitration Act. Judgment on the Award may be entered in any court having jurisdiction. If Surfmyads.com takes any legal action against you as a result of your violation of the terms in this Agreement, Surfmyads.com will be entitled to recover from you, and you will agree to pay, all reasonable attorneys' fees and costs of any such action, in addition to any other relief granted to Surfmyads.com.
Surfmyads.com and you agree that any dispute against the other will be brought in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
If for any reason a dispute proceeds to court, you and Surfmyads.com agree to waive any right to a trial by jury.
You agree that the laws of the State of California, without regard to principles of conflicts of law, will govern any controversy, dispute or claim arising out of or relating to the terms of this Agreement.
Notwithstanding anything to the contrary in this dispute agreement, Surfmyads.com may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a its intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against its interests or the general business interests of Surfmyads.com.
The Site is controlled and operated by Surfmyads.com from its offices in the State of California. Surfmyads.com makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Surfmyads.com's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.