These Terms and Conditions of Use (the “Terms of Use”) apply to your use of the Couponbar web site located at www.AddonJet.com, and all associated sites linked to www.AddonJet.com (collectively, the “Site”). The Site is the sole and exclusive property of Sierra Labs, Inc. (“Sierra Labs”). The applications, services, features, content, contests, or promotions offered from time to time by Sierra Labs on the Site or otherwise in connection with its business shall be referred to as the “Services”. By visiting the site or using the Services, you agree to these terms of use. If you do not agree to the Terms of Service do not use the Site and leave immediately.
For purposes of clarity, if you have downloaded, installed or used the Couponbar web service (“Web Service”), you agree and are subject to the End User License Agreement.
Sierra Labs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Sierra Labs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Sierra Labs, enforceable against you in accordance with their terms. You represent that you are of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You shall establish and use the Site and Services in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Sierra Labs may be recorded.
All information, text, graphics, files, software, application, works of authorship, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials or content on the Site or Services (collectively, “Company Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Company Content, contained on the Site is owned, controlled or licensed by or to Sierra Labs. Company Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. As between you and the Sierra Labs, Sierra Labs owns and retains all rights in the Company Content.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, stream captured, reproduced, duplicated, archived, modified, encoded, translated, transmitted, broadcasted, sold or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Sierra Labs’ express prior written consent.
The Site and Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by Sierra Labs. Sierra Labs reserves the right to remove commercial content in its sole discretion.
You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Services.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Sierra Labs reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sierra Labs server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sierra Labs or others.
Users are allowed to post comments and content in certain areas of the Site. Any content posted does not necessarily reflect the view of Sierra Labs or any person or entity associated with it. Posted content expresses only the views of the author of the message. You agree that neither Sierra Labs, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our Site. You agree that you will not use our Site to post any material, links to any material or files that are or contain material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise violate any applicable law, rules, regulations or Sierra Labs policies. Sierra Labs reserves the right in our absolute discretion to remove or terminate the accounts of users who infringe copyright or any other intellectual property right or otherwise violate these Terms of Use. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you.
You hereby grant Sierra Labs a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, create derivate works and otherwise use content and information you post on Site for any purpose and in any media now known or hereinafter developed. You expressly agree that Sierra Labs is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. You further agree that we may, but are not required to, moderate or review any content posted by you to the Site, and may edit or remove such content if we believe it violates the Terms of Use, Privacy Policy, or is otherwise inappropriate or objectionable. You also acknowledge that any information that you post to our Site may be viewable by other users, as well as visitors to our Site. We are not responsible for the privacy of any information that you choose to post to our Sites or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information.
Certain features or services offered on or through the Site may require you to register an account (including signing up by submitting your email). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including any passwords set up now or in the future, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Sierra Labs immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sierra Labs or any other user of or visitor to the Site due to someone else using your email, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s email, password or account at any time without the express permission and consent of the holder of that email, password or account. Sierra Labs cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Site or Services may provide links to other websites, applications, resources or other services created by third parties (“Third Party Links and Services”). These Third Party Links and Services are provided solely as a convenience to our users and visitors. Such Third Party Links and Services are not under Sierra Labs’ control, and Sierra Labs is not responsible for and does not endorse the content of such Third Party Links and Services, including any information or materials contained on such Third Party Links and Services.
If you choose to use Third Party Links and Services and share information with any of them, the Third Party Links and Services may use and share your data in accordance with their privacy policies and your privacy settings on such Third Party Links and Services. Sierra Labs is not responsible for and makes no warranties, express or implied, as to the Third Party Links and Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof).
Sierra Labs is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site, and even if it is operated by a company connected with the Site. By using the Services, you acknowledge and agree that Sierra Labs is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. You will need to make your own independent judgment regarding your interaction with these Third Party Links and Services. Sierra Labs encourages you not to provide any personally identifiable information to any Third Party Links and Services unless you know and are comfortable with the party with whom you are interacting.
Under certain circumstances, Sierra Labs may offer the ability to earn rewards to users of the Web Service if they invite friends to also use the Web Service and those friends download the Web Service within three (3) months of the invitation sent through an authorized Sierra Labs invitation channel (eg. an invitation sent through the Site, Facebook or another social media channel supported by Sierra Labs). Members may only earn rewards via Sierra Labs’ authorized member invite mechanisms and only at times when Sierra Labs’ rewards program is in effect. Referrals outside of Sierra Labs’ authorized channels will not result in any referral credit. By agreeing to the Terms of Service, you understand that rewards are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires six (6) months after issuance. You will only receive a reward for the first download and installation made by a friend who installs the Web Service as a result of an invite from you via a Sierra Labs authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive the referral reward, and Sierra Labs will have no liability to you for your friend’s failure to follow directions. The referral rewards program is void where prohibited by law. Sierra Labs reserves the right to modify or terminate the referral credit program at any time. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the rewards you have actually earned. Sierra Labs will have no liability for any errors displayed in your account.
Sierra Labs’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Sierra Labs’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
SIERRA LABS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE (INCLUDING INFORMATION OBTAINED BY YOU ON, THROUGH, OR IN CONNECTION WITH THE SERVICES OR THIRD PARTY LINKS AND SERVICES) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SIERRA LABS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SIERRA LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIERRA LABS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SIERRA LABS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SIERRA LABS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. Under no circumstances will Sierra Labs be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Services, problems or technical malfunction in connection with use of the Services, any material downloaded or otherwise obtained in connection with the Services, third party advertisement or Third Party Links and Service posted on, through or in connection with the Services, or the conduct of any users of the Services, whether online or offline. Your use of third party advertisements, Third Party Links and Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. Third party advertisements and Third Party Links and Services do not necessarily reflect the opinions or policies of Sierra Labs.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Sierra Labs reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SIERRA LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF SIERRA LABS SERVICES, EVEN IF SIERRA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SIERRA LABS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SIERRA LABS FOR THE SIERRA LABS SERVICES DURING THE TERM OF YOUR USE OF THE SIERRA LABS SERVICES. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Sierra Labs, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Sierra Labs by any third party due to or arising out of or in connection with your use of the Site.
Sierra Labs may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sierra Labs’ rights or property, or the rights or property of visitors to or users of the Site. Sierra Labs reserves the right at all times to disclose any information that Sierra Labs deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sierra Labs also may disclose your information when Sierra Labs determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Sierra Labs may preserve any transmittal or communication by you with Sierra Labs through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sierra Labs determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sierra Labs, its employees, users of or visitors to the Site, and the public.
You agree that Sierra Labs may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sierra Labs, for which monetary damages would be inadequate, and you consent to Sierra Labs obtaining any injunctive or equitable relief that Sierra Labs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sierra Labs may have at law or in equity.
You agree that Sierra Labs may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Sierra Labs does take any legal action against you as a result of your violation of these Terms of Use, Sierra Labs will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sierra Labs. You agree that Sierra Labs will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This Agreement shall not be governed by the U.N. Convention on Contacts for the International Sale of Goods, the application of which is expressly excluded.
Any controversy, claim or dispute relating to this Agreement or the Web Service and brought against the Company shall be decided exclusiveby by binding, non-appealable arbitration in Los Angeles County, State of California under the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. In such case, you agree that the arbitrator’s award shall be final, and may be filed with and enforced as a final judgment by any court of competent jurisdiction. All other legal actions or proceedings relating to this Agreement or the Web Service shall be instituted in a state or federal court in Los Angeles, CA. You and the Company agree to the jurisdiction of, and that venue is proper in, these courts in any such legal action or proceeding and the prevailing party in either an arbitration, legal action or other proceeding shall be awarded reasonable attorney’s fees.
Sierra Labs administers and operates the www.AddonJet.com Site from its location in Los Angeles, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Sierra Labs reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
COUPONBAR is a trademark of Sierra Labs, Inc.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Sierra Labs with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Sierra Labs with respect to such use are hereby superseded and cancelled. Sierra Labs will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Sierra Labs’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Sierra Labs of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Sierra Labs and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have questions about this Agreement, please contact us by sending an email to legal@AddonJet.com.
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