Accepting the Terms
By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "Member" (which means you have created an account with FatCoupon) or are a "Visitor" (which means that you are using the Service but have not created an account with FatCoupon). The term "you" or "User" refers to a Visitor or a Member. The terms "we" or "our" or “us” refer to FatCoupon. You must be an individual and at least 18 years old, or the age of majority in your state, province, or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with FatCoupon. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party, or for any commercial purpose.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION LAWSUIT AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.
Amendments to this Agreement
FatCoupon may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted to https://www.fatcoupon.com/terms, and the posted Agreement will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable FatCoupon software and stop using the Service. By continuing to use the Service after any changes to this Agreement are posted on the Website, you agree to be bound by those changes.
Privacy and your Personal Information
Description of the Service
The Service includes a suite of tools that allows Users to search for deals, coupons, discount codes, and exclusive offers, to learn pricing and product information, and to look for savings when shopping online. As described in more detail below, Members can also use the Service to earn FatCoupon Coins loyalty rewards (as defined below). FatCoupon offers a variety of ways to access aspects of our Service, including the Website, browser extension and, in some countries, the FatCoupon Mobile App. Not all aspects of our Service will be available through all channels or in all locations. For example, some aspects of our Service may only be available through the FatCoupon browser extension, or for users in certain countries.
In addition, you must become a Member to access some portions of our Service, including to earn and redeem FatCoupon Coins loyalty rewards.
FatCoupon does not charge fees to you for its Service. We try and locate the best publicly available discounts and coupons, track product pricing, and negotiate exclusive offers that may be better than other publicly available deals. We make money to sustain the Service when you purchase or engage with these offers. While we try and find you the best available discounts and coupons, and to identify low prices, we may not always find you the best deal. FatCoupon is not responsible for any missed savings or rewards opportunities.
While we attempt to provide accurate descriptions for the products, offers, coupons, discount codes, sales and other information shown within or through the Service, much of the information we display (including many coupons and offer descriptions) is provided by third-parties that we do not control. We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms shown through the Service (including the browser extension, Website, FatCoupon Mobile App or emailed offers) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Website or FatCoupon Mobile App at a particular time does not imply or warrant that these products will be available at any other time.
Offers, coupons, and discount codes are provided subject to availability. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. Deals change often, and due to this, your application of offers, coupons and discount codes at checkout may or may not result in savings for your order.
Merchant Websites and Purchases
The Service allows you to view information about products listed for sale by third-party merchants online, find offers on those products, and track pricing information. FatCoupon may provide product information and savings opportunities through our browser extension when you are on a third-party merchant's website. You may also reach a third-party merchant website through a link from the Website or emailed offer, or a merchant website may be displayed to you through the FatCoupon Mobile App. However, in all cases any merchant product will be purchased directly from the merchant and through the merchant's website. You are not buying the product from or through FatCoupon. FatCoupon is not a re-seller or distributor of any products of third-party merchants.
If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. FatCoupon is not involved in your merchant product purchase and is not able to assist with any customer service inquiries or returns related to that purchase. To assist you with customer service concerns, FatCoupon may, for some merchants, include the merchant's contact information within the FatCoupon Mobile App.
FatCoupon Offers and Third-Party Links
FatCoupon may display to you FatCoupon offers and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes you can apply to your purchase of products offered by third-party merchants.
In order to improve our services, FatCoupon may track how you use the services we provide, including whether you click-on FatCoupon links to third-party websites, your actions on those third-party merchant websites, and whether you use the discount or coupon codes displayed by FatCoupon.
FatCoupon Is Not Responsible for Third-Parties
All products you purchase from a third-party merchant, including those linked from the Website or FatCoupon emailed offer, or displayed through the FatCoupon Mobile App or through the FatCoupon browser extension, are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); 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 and not by FatCoupon. FatCoupon is not responsible for any third-party merchant products or any information contained on the third-party merchant's website (including if the third-party merchant's website is displayed through the FatCoupon 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 FatCoupon is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that FatCoupon is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
FatCoupon does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through FatCoupon Offers and other advertised links to third-party websites. FatCoupon is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. FatCoupon does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, best terms or lowest rates available in the market.
FatCoupon has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service. In addition, FatCoupon will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
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 purchase a product in connection with the Service), you agree that FatCoupon is under no obligation to become involved. To the maximum extent permitted by applicable law, you release FatCoupon, our 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 says: "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."
FatCoupon Mobile App
The FatCoupon Mobile App is only available for users in certain countries and may not currently be available in your country or location.
The FatCoupon Mobile App works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Your use of the FatCoupon Mobile App may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft® your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service (which we individually refer to as a “Covered Third Party” and which we collectively refer to as "Covered Third Parties"). You agree to comply with all applicable third-party terms of service when using the FatCoupon Mobile App. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and FatCoupon, not with any Covered Third Party. You acknowledge and agree that we (and not any Covered Third Party) are solely responsible for the FatCoupon Mobile App and for providing any maintenance or support services for the FatCoupon Mobile App.
Covered Third Parties have no warranty obligations whatsoever with respect to the FatCoupon Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the FatCoupon Mobile App to conform to any warranty provided by us (if any), will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims relating to the FatCoupon Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the FatCoupon Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
If you are using the FatCoupon Mobile App on an Apple® or Google® device, you acknowledge and agree that Apple® or Google® (as applicable), and their subsidiaries (as applicable), are third party beneficiaries of this Agreement, and that they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the FatCoupon Mobile App.
To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this section, the terms and conditions in this section apply, but solely with respect to your use of the FatCoupon Mobile App downloaded from the Apple App Store or Google Play Store.
Account Information from Third Party Sites
When you establish an account with FatCoupon, we may allow you to register your account, log-in, or otherwise link your FatCoupon account with an account you maintain with a third-party, such as Facebook® or Google® ("Linked Account"). You represent that any Linked Account belongs to you and you are permitted to link it to your FatCoupon account. FatCoupon does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and FatCoupon is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. FatCoupon is not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, FatCoupon may import information from your Linked Accounts to help better offer the Service to you.
FatCoupon Coins Rewards Program
We may from time to time make our loyalty rewards ("FatCoupon Coins loyalty rewards") available to you when you complete certain actions through our Service, as part of our loyalty rewards program (the “FatCoupon Rewards Program”). When FatCoupon Coins loyalty rewards are available for eligible purchases made from a particular merchant, or for another action, we may indicate this to you within our Service.
You must have an Active Account (as defined below) in good-standing to participate in the FatCoupon Rewards Program, and to earn and redeem FatCoupon Coins loyalty rewards or receive the benefits of the FatCoupon Rewards Program. Certain FatCoupon Coins loyalty rewards redemption options may also require that you have a valid payment method in good-standing linked to your FatCoupon account in order to select and successfully complete a particular redemption option.
The FatCoupon Rewards Program is not available in all countries or locations. Participation in the FatCoupon Rewards Program is unauthorized in any jurisdiction where any portion of the program may violate (or may cause FatCoupon to violate) any legal requirements, and you agree not to participate if you are a resident of any such jurisdiction. The FatCoupon Rewards Program is for personal, non-commercial use. You agree that you are not using (and will not use) the FatCoupon Rewards Program for or on behalf of any third party, for any company, association, or group, or for any commercial purpose. You further agree that you will not participate in the FatCoupon Rewards Program using multiple FatCoupon accounts as a means of avoiding any prohibition of this Agreement or to earn FatCoupon Coins loyalty rewards in excess of that which would otherwise be permitted under this Agreement.
You agree that FatCoupon’s decisions regarding the FatCoupon Rewards Program and your participation in it are final and binding and you agree to abide by all such decisions. FatCoupon will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in the FatCoupon Rewards Program and/or the expiration of any FatCoupon Coin loyalty rewards or other program benefits.
The most common way for you to earn FatCoupon Coins loyalty rewards is by making an eligible purchase from one of the participating third-party merchants while using our Service. FatCoupon Coins loyalty rewards are not available for all third-party merchants or items. If a third-party merchant site is participating in the FatCoupon Rewards Program, you can earn FatCoupon Coins loyalty rewards based on the eligible items that you purchase from that third-party merchant. You must follow the links and instructions as disclosed within the Service or in other FatCoupon Rewards Program materials, in order to complete the eligible purchase and/or complete any other qualifying or required action(s) (for example, by clicking the “Activate Rewards” button from within the FatCoupon browser extension before completing your purchase).
We may display to you the amount or range of FatCoupon Coins loyalty rewards which you may earn in connection with an eligible purchase in a number of ways, including but not limited to the following: (1) a fixed, percentage reward rate applicable for eligible purchases, (2) a percentage reward rate range applicable for eligible purchases, or (3) a fixed number of coins for an eligible purchase (for example, 500 FatCoupon Coins loyalty rewards points)). If displaying a percentage reward rate or percentage reward rate range, the relevant percentage is applied to the subtotal of eligible items purchased from a participating third-party merchant, excluding tax or any additional fees such as shipping. You can only earn FatCoupon Coins loyalty rewards on eligible purchases, and certain items, product categories, and purchases are ineligible for FatCoupon Coins loyalty rewards. Exclusions vary by merchant. We generally won't be able to determine if the item(s) you have purchased are eligible for FatCoupon Coins loyalty rewards until after you make your purchase.
The exact number of FatCoupon Coins loyalty rewards that can be earned on an eligible purchase will be assigned by FatCoupon in its sole discretion based on your eligible items after you complete your purchase, but, subject to the terms of this Agreement and provided all of your items are eligible, will fall within the range or up to the maximum number disclosed to you, and will be based on a number of factors of our choosing, which may include random chance.
We may also offer other ways to earn FatCoupon Coins loyalty rewards such as completing daily tasks. Such earning opportunities may be subject to additional terms, as specified at the time of the offer. FatCoupon Coins loyalty rewards appear as pending in your Account Overview, generally within 1-7 days of completing your purchase, although this may vary based on the transaction and third-party merchant. This will occur before we have verified that all items of your purchase are eligible for FatCoupon Coins loyalty rewards. FatCoupon Coins loyalty rewards will remain pending for approximately 90 days (although this varies based on the third-party merchant and may be longer or shorter in some instances). If part or all of your purchase is ineligible for FatCoupon Coins loyalty rewards, or if you do return all or part of your purchase or receive a refund on it (either through the merchant or via a chargeback or reversal of any kind), the number of FatCoupon Coins loyalty rewards you receive on your purchase, whether or not showing as "pending," will be reduced accordingly based on the new subtotal of eligible items. If there are no eligible items in your order, you will not earn any FatCoupon Coins loyalty rewards on that transaction or order. You will not earn FatCoupon Coins loyalty rewards for any items that you return.
FatCoupon Coins loyalty rewards that are pending cannot be used or redeemed. You will be able to see in your Account Overview when FatCoupon Coins loyalty rewards are no longer pending and become available to redeem.
We are able to provide FatCoupon Coins loyalty rewards to you based on our agreements with third-party affiliate networks and/or third-party merchants in connection with your purchases. As such, we can only provide FatCoupon Coins loyalty rewards to you when an action is successfully completed and tracked and after the relevant third-party completes its obligations to us with respect to such action. If the relevant third-party does not fulfill its obligations to us under the applicable agreement, then FatCoupon may choose not to provide the FatCoupon Coins loyalty rewards associated with that transaction to you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or another service similar to FatCoupon. This could occur if, for example, you have downloaded another browser extension that provides a service similar to FatCoupon or navigated to a third-party merchant site by clicking on a link from another website that provides discount codes or price tracking services.
If you have questions or issues in connection with earning FatCoupon Coins loyalty rewards for your transaction, please contact us at email@example.com. We may require you to provide copies of your order confirmation, order number, or other proof of purchase. We may elect to provide you FatCoupon Coins loyalty rewards in our sole discretion based on the information you provide.
Provided your account is active and in good standing, once you accumulate at least 50,000 FatCoupon Coins, you can redeem those loyalty rewards for cash or a third-party merchant gift card, or for other available redemption options as disclosed within the Service. You may be required to collect a minimum of 50,000 FatCoupon Coins, as disclosed within our Service, prior to being eligible for a particular redemption option. All redemptions are final and cannot be reversed once initiated by you. We may place other limitations on your ability to redeem FatCoupon Coins loyalty rewards points. We may change the price, redemption-rate or availability of any item for which you may redeem FatCoupon Coins loyalty rewards in our sole discretion and without prior notice. We may also offer additional redemption options from time to time, as disclosed within our Service.
Redemption options are offered subject to availability, and may vary based on your location, and other limitations or factors, and may be subject to additional specific terms or limitations. Not all redemption options are available for all users, or in all locations or countries. Available redemption options for you will be displayed to you within the Service. Once a particular redemption is initiated by you, it may take a certain amount of time for you to receive your award following completion of your redemption.
FatCoupon Coins loyalty rewards cannot be purchased, are not money, can expire as described below, and have no value prior to redemption. Upon redemption, additional terms may apply. FatCoupon Coins loyalty rewards are not transferrable under any circumstances (except where FatCoupon expressly makes transfer or account linking functionality available within the FatCoupon Coins Rewards Program, and then subject to any additional terms or limitations set out by FatCoupon). Without limiting the foregoing, FatCoupon Coins loyalty rewards 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 FatCoupon Coins loyalty rewards points may qualify as taxable income under applicable law and you are solely responsible for any tax or similar liability incurred in connection with your participation in the FatCoupon Rewards Program.
FatCoupon reserves the right at any time to cancel, terminate, modify, or restrict the FatCoupon Rewards Program (for some or all users), or any aspect of the FatCoupon Rewards Program, including but not limited to any point redemption ratios, redemption offers, and expiration terms. FatCoupon reserves the right to apply such changes retroactively to FatCoupon Coins loyalty rewards already accrued. You agree that FatCoupon has the right to limit the quantity of FatCoupon Coins loyalty rewards points you may earn, refuse to provide you FatCoupon Coins loyalty rewards, or otherwise modify, restrict or limit your ability to earn or redeem FatCoupon Coins loyalty rewards in our sole discretion and without prior notice to you. This includes (but is not limited to) instances where FatCoupon reasonably suspects that you have abused any FatCoupon Rewards Program benefits or privileges, or have violated or acted inconsistently with this Agreement or applicable law. Abuse or violations that may result in suspension or termination include (but are not limited to): (i) using automated or fraudulent means (including artificially manufacturing transactions/spend) to earn FatCoupon Coins loyalty rewards or participate in the FatCoupon Rewards Program; (ii) your failure to abide by the requirements of this Agreement; (iii) the attempted or actual purchase, sale, or transfer of any FatCoupon Coins loyalty reward, and (iv) making a misrepresentation to FatCoupon in connection with your participation in the FatCouponRewards Program. You understand and agree that termination of your participation in the FatCoupon Rewards Program will result in the immediate expiration of all FatCoupon Coins loyalty rewards.
Maintenance of FatCoupon Coins Loyalty Rewards
To maintain your FatCoupon Coins loyalty rewards, you must have an Active Account (as defined below) and earn at least 100 FatCoupon Coins loyalty rewards points during each consecutive 365 day period (for example, from April 10th of this year to April 10th of next year) (each a “365 Day Period”). An active account is a FatCoupon account which you have made a purchase through, or logged into, during the prior 365 Day Period and earned at least 100 new FatCoupon Coins loyalty rewards during that 365 Day Period (an “Active Account”). This means that, to the maximum extent permitted by applicable law, if you have not logged into your FatCoupon account or made a purchase through it, and earned at least 100 new FatCoupon Coins loyalty rewards in the last 365 Day Period, FatCoupon reserves the right to debit your account balance 2000 FatCoupon Coins ($2.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your ccount by earning more rewards or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, FatCoupon reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to FatCoupon. To the maximum extent permitted by applicable law, you agree that any disputes about any such reduction of your FatCoupon Coins loyalty rewards will be resolved by FatCoupon in its sole discretion, and you agree to abide by FatCoupon's resolution of such dispute.
If your FatCoupon account is closed for any reason whatsoever, you will no longer be able to redeem any FatCoupon Coins loyalty rewards.
FatCoupon may, from time to time, allow you to earn FatCoupon Coins loyalty rewards in connection with taking actions to promote the Service, including by referring a friend to the Service ("Referral Program"). To be eligible to earn FatCoupon Coins loyalty rewards through the Referral Program (i) you must refer a new user to the Service by providing your personalized link, (ii) the new user must use your link to create a user account and become a Member and (iii) the new user must make a qualifying purchase using their Member account and earn FatCoupon Coins loyalty rewards.
You may not attempt to earn FatCoupon Coins loyalty rewards in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. We reserve the right, in our sole discretion, to withhold FatCoupon Coins loyalty rewards for any reason in connection with the Referral Program with or without cause. We may also limit, in our sole discretion and without prior notice, the amount of FatCoupon Coins loyalty rewards you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of FatCoupon Coins loyalty rewards from your account, and may also result in FatCoupon suspending or closing your account and/or suspending or terminating your access to the Service.
Your Log-In and Account Information
You agree and understand that you are responsible for maintaining the confidentiality of your Log-in ID, email address, password and any other personal identifying information or other codes used to access your FatCoupon account or the Service ("Log-In Information"). If you become aware of any unauthorized use of your Log-In Information, you agree to notify FatCoupon immediately.
Accurate records enable FatCoupon to provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your FatCoupon account profile accurate and up-to-date. If you do not do this, the accuracy and effectiveness of the Service to you will be affected and you may not receive account notices that we deliver to you. If you fail to keep your contact information updated, you will still be deemed to have received any notices we deliver to the email address you last provided.
By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you.
FatCoupon may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.
Other types of notifications are voluntary and may be modified through the Service. They may be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your account. FatCoupon may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service. You may also be able to modify how you receive push notifications via the FatCoupon Mobile App through your mobile device by changing your mobile device settings.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service.
Because notifications are not encrypted, we will never include your password. However, notifications may include your FatCoupon login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Service-related notices as needed to allow us to provide you the Service.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FATCOUPON 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.
FATCOUPON 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 (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FATCOUPON MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING 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 WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
Limitations on FatCoupon's Liability
FATCOUPON SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU 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 FATCOUPON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FATCOUPON'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FATCOUPON 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.
Your Indemnification of FatCoupon
You shall defend, indemnify and hold harmless FatCoupon 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 FatCoupon 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.
Ending your Relationship with FatCoupon (and vice versa)
This Agreement will continue to apply until terminated by either you or FatCoupon as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall FatCoupon and stop visiting our Website and using the Service.
Email firstname.lastname@example.org to cancel your account. Upon doing so:
- your account will be closed, your FatCoupon Coins loyalty rewards balance will be zeroed out and will be ineligible to redeem FatCoupon Coins loyalty rewards, and your ability to log in will be deactivated; and
FatCoupon may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. 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 CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND FATCOUPON ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Governing Law and Forum for Disputes
This Agreement, and your relationship with FatCoupon under this Agreement, shall be governed by the laws of the State of Oregon in the United States of America without regard to its conflict or choice of laws provisions.
FatCoupon may assign, without recourse, any or all of its rights or obligations under this Agreement, including all or a portion of this Agreement and/or all or a portion of any liabilities related to FatCoupon Coins loyalty rewards. In the event that FatCoupon assigns any or all of the liabilities related to FatCoupon Coins loyalty rewards, the assignee shall be the sole obligor with respect to such points, and FatCoupon shall have no further liability with respect to such points.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
The term "including" in this Agreement means "including but not limited to."
FatCoupon welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at email@example.com.
Last updated April 27, 2022