Coupons Beyond – Online Coupons, Discounts, Bargains and Savings

Last Updated: September 2, 2009

These are the Terms and Conditions Agreement (”Terms and Conditions” or “Agreement”) of CouponsBeyond.com, which is owned and operated by Restoration Media Inc. (”CouponsBeyond” or “us” or “we”). These Terms and Conditions and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any content or information therein, the CouponsBeyond.com website, any sub domains of CouponsBeyond.com, and any other website pages on which services are provided by us (collectively, the “CouponsBeyond Site”).

By using this Site, you agree to these Terms and Conditions and Privacy Policy of CouponsBeyond.com, including all changes and revisions to this Agreement and the Privacy Policy that may and or will be made periodically without notice to you. If you do not agree to these Terms and Conditions do not use this Site or any of its services.

Please read this very important Agreement carefully and check this Agreement periodically for changes as CouponsBeyond reserves the right to revise, modify and change this Agreement anytime. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of this Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. CouponsBeyond reserves the right to refuse, restrict, suspend, or terminate any user’s use of this Site at any time without notice and may do so for such user’s failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site. This Agreement applies to licensors, affiliates and advertisers as well.

You will be transferred to online merchants or other THIRD PARTY websites through links or frames from CouponsBeyond. We are a directory of other third party websites and the offers they promote. CouponsBeyond does not sell any good/s or service/s to consumers and nothing on CouponsBeyond shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other third party websites and from other companies. You are cautioned to read such third party websites terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such third party websites 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 at your own risk and to your sole satisfaction.

You are also cautioned to carefully read the very important terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these third party websites and/or merchants. CouponsBeyond shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other third party websites, information, promotions, products, or services; viruses or other computer problems resulting from use of such third party websites; or any liabilities resulting from the terms and conditions of other third party websites. CouponsBeyond does not guarantee any content on such third party websites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using such third party websites to purchase goods and services and of using the “coupons” and specials listed on CouponsBeyond. You agree that CouponsBeyond and its licensors and advertisers shall have no liability whatsoever from such third party websites and your usage of them.

These third party websites are not under the control of CouponsBeyond, are not monitored or reviewed by CouponsBeyond, and CouponsBeyond is not aware of the contents of such third party websites. CouponsBeyond does not sponsor, endorse, or recommend these third party websites and makes no representations or warranties of any kind with regard to any third party websites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that CouponsBeyond is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such third party websites. These third party websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that third party websites by CouponsBeyond or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You should review the terms of use of each website you visit. Linking to any service or site is at your sole risk.

If you have any complaint with such third party websites, contact that third party websites directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

INTELLECTUAL PROPERTY RIGHTS

All rights reserved. We own all of our company names, product names, service names and logos.

COPYRIGHT POLICY

If you believe in good faith that any CouponsBeyond Site Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at copyright@CouponsBeyond.com.

PERSONAL AND LAWFUL USE ONLY

Unless otherwise specified, the CouponsBeyond Site and our services are intended for your personal, noncommercial use only. You agree to use the CouponsBeyond Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the CouponsBeyond Site Content or other material obtained through the CouponsBeyond Site, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement or CouponsBeyond.

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use the CouponsBeyond Site, he or she should email CouponsBeyond at info@Couponsbeyond.com with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing the CouponsBeyond Site from any country where material on the CouponsBeyond Site is prohibited or illegal, please stop using the CouponsBeyond Site immediately as you do not have permission to access the CouponsBeyond Site.

YOUR REPRESENTATIONS AND WARRANTIES

By using the CouponsBeyond Site, you represent and warrant that you are at least 18 years old, you have read and agree to abide by this Agreement, you have read and agree to CouponsBeyond Privacy Policy, any information you submit is truthful and accurate, and your use of the CouponsBeyond Site does not violate any applicable law or regulation.

LICENSE TO USE THIS SITE

Upon your agreement to these Terms and Conditions, CouponsBeyond hereby grants you a non-exclusive, non-transferable limited license to use the CouponsBeyond Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the CouponsBeyond Site. You agree not to make any false or fraudulent statements in your use of or to gain access to the CouponsBeyond Site. All rights not expressly granted herein are fully reserved by CouponsBeyond and its advertisers and licensors.

LICENSE RESTRICTIONS

Except as may be explicitly permitted through the CouponsBeyond Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code or content on or from the CouponsBeyond Site. Systematic retrieval of data or other content from the CouponsBeyond Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CouponsBeyond is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

SECURITY

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the CouponsBeyond Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that CouponsBeyond shall pursue such penalties to the full extent of the law to protect its rights.

LOCATION / CONSENT TO TRANSFER

If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States. Please note that the level of legal protection provided in the United States or other non-European countries in which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction. For more information as to how we use your personal identifiable information go to our Privacy Policy.

EXPORT

You agree that you shall comply with all applicable export and import control laws and regulations in your use of the CouponsBeyond Site, or materials or services received through the CouponsBeyond Site, and, in particular, you shall not export or re-export anything on or received through the CouponsBeyond Site in violation of local or foreign export laws or without all required U.S. and foreign government licenses.

SUBMISSIONS AND USER CONTENT

CouponsBeyond does not want and cannot accept any ideas, materials, comments, feedback, or suggestions you consider to be confidential or proprietary. Accordingly, you agree that you reserve no right, title, or interest in and to any ideas, information, feedback, questions, comments, suggestions, coupon codes, deal information, printable coupons, or any other data (collectively, “Submissions”) provided by you to CouponsBeyond on the CouponsBeyond Site or via email. Except as set forth in our Privacy Policy, CouponsBeyond shall have the right to treat any Submission as non-confidential and shall be free to reproduce, use, disclose, publish, modify, translate, create derivative works from and distribute Submissions to others without limitation. CouponsBeyond shall be free to use anything contained in such Submissions for any purpose whatsoever.

Any CouponsBeyond Site Content, including Submissions, uploaded, published, displayed, transmitted, posted or submitted on or to the CouponsBeyond Site by a user (”User Content”) will be subject to these Terms and Conditions. With respect to any User Content generated by you on or through the CouponsBeyond Site, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on the CouponsBeyond Site. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful.

Any and all User Content shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any User Content on or through the CouponsBeyond Site, you hereby grant to CouponsBeyond a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such User Content including, but not limited to, developing and improving services and information offered through the CouponsBeyond Site, reproduction, disclosure to third parties, broadcasting, transmission, promotion, posting or otherwise in any media format or channel now known or hereafter developed. This license does not entitle you to any payment from CouponsBeyond for any reason. CouponsBeyond is not obligated to publish, display or post any User Content publicly.

You further agree that you will not upload, publish, display, transmit, post or submit any User Content on or through this Site that is libelous, discriminatory, racists, abusive, obscene, or otherwise contrary to applicable local, federal, or international laws and regulations. You are solely responsible for the content of any information you provide to CouponsBeyond.

CONTENT DISCLAIMER

Without limiting the disclaimer of warranties set forth below, all CouponsBeyond Site Content is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. CouponsBeyond is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your reliance on the CouponsBeyond Site Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. CouponsBeyond is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in the CouponsBeyond Site Content.

PRIVACY

Use of the Site is further governed by CouponsBeyond’s Privacy Policy, which is incorporated into this Agreement by reference.

DISCLAIMER OF WARRANTIES

COUPONSBEYOND AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE COUPONSBEYOND SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

COUPONSBEYOND AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE COUPONSBEYOND SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE COUPONSBEYOND SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE COUPONSBEYOND SITE OR INFORMATION PROVIDED BY THE COUPONSBEYOND SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE COUPONSBEYOND SITE OR ANY SITES LINKED TO OR FROM THE COUPONSBEYOND SITE. YOUR USE OF THE COUPONSBEYOND SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

COUPONSBEYOND AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE COUPONSBEYOND SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE COUPONSBEYOND SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COUPONSBEYOND OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE COUPONSBEYOND SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE COUPONSBEYOND SITE, THE PRODUCTS OR SERVICES LISTED ON THE COUPONSBEYOND SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COUPONSBEYOND SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COUPONSBEYOND OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CouponsBeyond, 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 CouponsBeyond Site, or any services, information or products from the CouponsBeyond Site; (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, property, or privacy right; or (d) any claim that one or more of your submissions to the CouponsBeyond Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the CouponsBeyond Site. CouponsBeyond reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees 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.

LEGAL COMPLIANCE

CouponsBeyond may suspend or terminate this Agreement or a user’s use immediately upon receipt of any notice which alleges that a user has used the CouponsBeyond Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be discriminatory, racist, obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, CouponsBeyond may disclose the user’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and CouponsBeyond shall not be liable for damages or results thereof and user agrees not to bring any action or claim against CouponsBeyond for such disclosure.

THIS AGREEMENT

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed, modified or revised except when done by CouponsBeyond at its sole and exclusive discretion. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

TRANSFER OF RIGHTS

This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by CouponsBeyond without restriction.

CHOICE OF LAW AND FORUM

The CouponsBeyond Site (excluding third party linked sites) is controlled by CouponsBeyond from its offices within the county of Orange, State of California in the United States. It can be accessed from all 50 states as well as from other territories, principalities, sovereign states, tribes and countries to the extent permitted by the CouponsBeyond Site and applicable law. As each of these places have laws that may differ from California, by accessing CouponsBeyond Site, both you and CouponsBeyond agree that the statues and laws of the California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the CouponsBeyond Site, without regard to conflicts of laws principles thereof. In the event of a dispute resulting in resort to litigation, you and CouponsBeyond consent and hereby submit to the exclusive jurisdiction of the federal and state courts located in Orange County, California, USA and any such litigation will be brought within such courts. CouponsBeyond makes no representation that materials on the CouponsBeyond Site are appropriate or available for use in other locations, and accessing them from regions or territories where their contents are illegal is prohibited. The United Nations Convention on Contracts for the Sale of Goods shall not govern this Agreement.