Last Updated: May 16, 2024
This is the Terms And Conditions Agreement ("Terms" or "Agreement" or “Terms And Conditions”) of PromoCodeClipper ("PromoCodeClipper " or "us" or "we"). These Terms and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any application or software created or distributed by us, any content or information therein, the www.PromoCodeClipper.com website, any subdomains of www.PromoCodeClipper.com, and any other website pages or applications on which Services or content are provided by us or that display or provide an authorized link to these Terms (collectively, including any such websites or applications, the "Services"). It is acknowledged that any reference to the term “Services” includes any application created or distributed by us, and by downloading any software application created by PromoCodeClipper, you agree that the provisions of this Agreement, incorporated herein by reference, govern your use of any such application and our online services provided therein. The Services are intended for users 18 years of age or older and located in the United States of America or Canada. By using the Services, you acknowledge that you are at least 18 years old and are accessing the Services from the United States or Canada.
By using the Services, you signify your agreement to and acceptance of these Terms and PromoCodeClipper's Privacy Policy, including all changes and revisions to this Agreement and the Privacy Policy. If you do not agree to be bound by these Terms, please do not use the Services.
Please read this Agreement carefully and check this Agreement frequently and before each use of the Services for changes, as PromoCodeClipper may change this Agreement from time to time. Any modifications we make will be effective immediately upon posting, and your continued use of the Services after such changes are posted, constitutes your acceptance of such changes. To the extent that a court or arbitrator of applicable jurisdiction determines that applying any modifications to these Terms would render this Agreement unenforceable, such modifications shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such modifications, to the extent required for these Terms to remain enforceable.
Unauthorized access, reproduction, copying, saving, downloading, retransmission, publication, aggregation, cataloguing, sale, distribution or any other form of transfer or unauthorized use or exploitation of any portion of the Services, including but not limited to any and all content found on or through the use of the Services, is expressly prohibited.
This Agreement contains a binding arbitration clause and class waiver (Section 16) that affects your legal rights when resolving disputes under this Agreement. Please read it carefully. Your use of PromoCodeClipper is subject to your agreement to such binding arbitration clause and class waiver.
You will be transferred to online merchants or other third party sites through links or frames from the Services. The Services do not sell any good or service to consumers and nothing in the Services shall be construed as an offer to sell anything or to enter into any kind of business relationship with you. 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. Be sure to carefully evaluate and investigate such sites to your satisfaction.
You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants or third party sites. PromoCodeClipper 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 your use of other sites. PromoCodeClipper shall not 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 absolute and sole control of the online merchants or third party sites to which you will be transferred to from the Services. PromoCodeClipper does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services. PromoCodeClipper shall not be responsible for any misrepresentation or inaccuracy of any offer, discount code, promotion, or coupons published on the Services.
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. You agree that PromoCodeClipper and its licensors and advertisers 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 PromoCodeClipper is endorsed by or has any particular relationship with any third party.
These other sites are not under the control of PromoCodeClipper, are not monitored or reviewed by PromoCodeClipper, and PromoCodeClipper is not aware of the contents of such sites. PromoCodeClipper does not sponsor, endorse, or recommend these sites and makes no representations or warranties of any kind with regard to any sites, their terms and conditions of use or service, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that PromoCodeClipper 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 sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of a link or frame to any site does not imply endorsement of that site by PromoCodeClipper or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You should review the terms and conditions of use or service of each website you visit. Linking to any service or site is at your sole risk.
PromoCodeClipper maintains relationships and arrangements with many merchants and other third parties appearing on the Services, as well as with affiliate advertising networks. Many links appearing on the Services are affiliate links, and accordingly, PromoCodeClipper may receive a commission or other compensation if you make a purchase using one of those links.
The Services are protected under U.S., Canada, and international intellectual property laws. Copyright ©2024 PromoCodeClipper. All of our trademarks, company names, product names, service names and logos, and brand features that are displayed by or via the Services are trademarks and are owned by us.
The content and materials found on, provided by or through or included as part of the Services excluding that found on online merchants or third party websites, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to PromoCodeClipper and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States, Canada and foreign laws and international conventions. Any third-party trademark is the property of its respective third-party owner, and the presence of a third-party trademark on the Services does not mean that such third party endorses the Services or PromoCodeClipper or that PromoCodeClipper has any particular relationship with such third party.
Unless otherwise specified, the Services are intended for your personal, non-commercial use only. You agree to use the 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, retransmission, distribution, performance, caching, cataloguing, aggregating or otherwise, the content or other material found on, provided by or through or included as part of the Services, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement, PromoCodeClipper or the Services.
Minimum AgeYou must be 18 years of age or older to agree to this Agreement and use the Services.
License GrantedUpon your acceptance of this Agreement through the use of any of the Services, PromoCodeClipper hereby grants you a non-exclusive, non-transferable limited license to access and use the Services for personal, non-commercial purposes, in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Services. You agree not to make any false or fraudulent statements in your use of or to gain access to the Services. You acknowledge and agree that all content available on the Services excluding that found on online merchants or third party websites are property of PromoCodeClipper and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., Canada and internationally. You agree that PromoCodeClipper may at any time for any reason set forth in these Terms or for no reason whatsoever in its absolute and sole discretion terminate your license to access and use the Services, and participation in any reward, bonus or benefit. All rights not expressly granted herein are fully reserved by PromoCodeClipper and its advertisers and licensors.
Restrictions and Prohibited UsesAccess or use inconsistent with the license granted above is expressly prohibited. You shall not engage in or attempt to engage in, or access or attempt to access the Services to engage in or attempt to engage in, potentially harmful acts that are directed against the Services, including but not limited to any one or more of the following:
In addition, use of data, materials or content contained in or found on or received via the Services for any purpose not expressly permitted in this Agreement is prohibited.
With respect to any application created or distributed by us, any license granted in connection with such application does not include and strictly prohibits (i) any resale of the application or its contents; or (ii) any derivative use of such application or its contents. Any such application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any purpose without the express prior written authorization of PromoCodeClipper. Any unauthorized use of the Services by you shall result in the immediate termination of the licenses and rights granted by PromoCodeClipper and may subject you to civil and/or criminal liability.
Location ConsentThe Services are hosted and operated in the United States of America and/or Canada. Access or use of the Services from other jurisdictions is prohibited, and those who attempt to access or use the Services from other jurisdictions do so at their own choice and risk and are subject to federal and provincial law of Canada and/or the federal and state law of the United States of America, in connection with the enforcement of these Terms, and are solely responsible for compliance with their local law.
By using the Services you agree that:
PromoCodeClipper does not want and can not accept any ideas, materials, comments, feedback, or suggestions you consider to be confidential or proprietary. Accordingly, you agree that you retain 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 PromoCodeClipper on the Services or via email. Except as set forth in our Privacy Policy, PromoCodeClipper 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. PromoCodeClipper shall be free to use anything contained in such Submissions for any purpose whatsoever.
Any content that a user uploads, publishes, displays, transmits, posts or submits and any Submissions that are found or included as part of the Services ("User Content") will be subject to these Terms. With respect to any User Content generated by you on or through the Services, 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 or entity, and (iii) you agree to pay any and all royalties, fees, and any other monies owing to any person arising in connection with such User Content appearing on the Services. 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 Services, you hereby grant to PromoCodeClipper 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 for any purpose including, but not limited to, developing and improving services and information offered through the Services, 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 PromoCodeClipper for any reason. PromoCodeClipper is not obligated to use, publish, display or post any User Content.
You further agree that you will not upload, publish, display, transmit, post or submit any User Content on or through the Services that is libelous, 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 PromoCodeClipper.
If you use location-enabled services in any application created or distributed by us, such as maps in a mobile application, you may be sending us location information. This information may reveal your actual location.
Without limiting the disclaimer of warranties set forth below, all content or other material found on, provided by or through or included as part of the Services is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. PromoCodeClipper is not liable for any inaccuracies, errors, omissions or miscalculations in any of the content or other material found on, provided by or through or included as part of the Services, nor are we liable for your reliance on such content or material, or for any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. PromoCodeClipper is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in any content or other material found on, provided by or through or included as part of the Services.
Use of the Services is further governed by PromoCodeClipper’s Privacy Policy, which is incorporated into this Agreement by reference.
PromoCodeClipper and its advertisers, vendors, product or service providers, and licensors make no representations or warranties about the Services, the suitability of the content, information, services, or materials contained on or received through the use of the Services, or any sites linked to or from the Services, or any services or products received through or as a result of information provided by the Services. All information and use of the Services are provided "as is" and "as available," without warranties of any kind, express or implied.
PromoCodeClipper and its advertisers, vendors, product or service providers, and licensors hereby disclaim all warranties with regard to the Services, the information contained on or received through the use of the Services, and any services or products received through the site or information provided by the Services, 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 Services or any sites linked to or from the Services. Your use of the website and Services is solely at your risk. You agree that you have relied on no warranties, representations or statements other than in this agreement.
PromoCodeClipper and its advertisers, vendors, product or service providers, and licensors do not warrant that the Services 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 Services 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.
Under no circumstances shall PromoCodeClipper or its advertisers, vendors, product or service providers, or licensors be liable for any damages of any kind arising from your use of the Services, including but not limited to direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of your use of, or inability to use, the Services, the information contained on or received through use of the Services, the products or services listed or advertised on the Services, or any services or products received, posted, emailed, transmitted or otherwise made available via the Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PromoCodeClipper 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.
You agree to defend, indemnify, and hold harmless PromoCodeClipper, 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 Services, 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, 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. PromoCodeClipper 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.
If you believe in good faith that any content or other material found on the Services has been copied in a way that constitutes copyright infringement, you may request removal of those materials, or access to them, from the Services by submitting written notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following: (i) your contact information, including your name, title, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. Notices of alleged infringement under the DMCA are to be submitted to:
PromoCodeClipper
Attn: Legal Department
Email: contact@promocodeclipper.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notification under the DMCA may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
PromoCodeClipper may suspend or terminate this Agreement or a user's use of the Services immediately upon receipt of any notice which alleges that a user has used the Services for any purpose that violates any local, state/provincial, federal law 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 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, PromoCodeClipper 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 PromoCodeClipper shall not be liable for damages or results thereof and the user agrees not to bring any action or claim against PromoCodeClipper for such disclosure.
The failure of PromoCodeClipper to comply with this Agreement because of an act of God, war, fire, flood, riot, terrorism, earthquake, actions of federal, state/provincial or local governmental authorities or for any other reason beyond the control of PromoCodeClipper shall not be deemed a breach of 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 except as permitted by this Agreement or by written agreement signed by an officer of PromoCodeClipper. PromoCodeClipper's failure to exercise or enforce any rights or provisions in this Agreement will not constitute, and shall not be construed as, a waiver of such provision or any other provision of this Agreement. 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. The section headings in this Agreement are for convenience only and must not be given any legal import.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms inconsistent with these Terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
This Agreement, or any portion hereof, and any rights and licenses granted hereunder, may not be assigned or transferred by you but may be assigned or transferred by PromoCodeClipper without restriction.
Before initiating a formal claim, as provided in this Agreement, against PromoCodeClipper, you agree to try to resolve the dispute informally by submitting your request, in writing via email, to PromoCodeClipper at contact@promocodeclipper.com. PromoCodeClipper will in turn try to resolve the dispute informally with you. If we do not resolve the dispute within 45 days after you submit your request, you or PromoCodeClipper may bring a formal claim regarding your concern exclusively as provided in these Terms.
Binding ArbitrationExcept for the exclusions and restrictions set forth below in this Section 16, you and PromoCodeClipper agree that any and all disputes, claims or controversies between you and PromoCodeClipper arising out of or relating to this Agreement, including the interpretation, making, performance, breach or termination thereof, the Services, or the use or attempted use of the Services (collectively, the “Claims”) shall be settled by final and binding arbitration before a single arbitrator appointed by such other arbitration association that is selected at the sole discretion of PromoCodeClipper. Arbitration proceedings shall take place in Vancouver, British Columbia, in the English language. Judgment on the award rendered by the arbitrator shall be final and may be entered by any court having jurisdiction over the parties for purposes of enforcement. The arbitrator shall not have authority to award punitive damages. For purposes of this Agreement, “Claims” includes, without limitation, the validity, enforceability or scope of this dispute resolution section, with the exception of the enforceability of the class action waiver provision set forth below, and “PromoCodeClipper” means PromoCodeClipper and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents. If an award granted by the arbitrator exceeds C$10,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization.
Class Action WaiverYou and PromoCodeClipper agree that all Claims will be arbitrated on an individual basis and that there will be no class, consolidated or representative actions in arbitration. There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users or other persons similarly situated. You and PromoCodeClipper may not participate in a class or representative action against the other party as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement. You and PromoCodeClipper agree that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth wherein will not apply to any Claim between the parties. If the arbitration agreement is found to be unenforceable by any court or arbitrator, then you and PromoCodeClipper agree that any proceedings in court will be conducted on an individual basis and that there will be no class, consolidated or representative actions.
SeverabilityIf any clause within this dispute resolution section, other than the class action waiver clause set forth above, is found to be unenforceable by any court or arbitrator, that clause will be severed from this dispute resolution section and the remainder will be given full force and effect. If a Claim proceeds in court or is not subject to arbitration, you and PromoCodeClipper waive, to the fullest extent allowed by law, any right to jury trial.
Excluded ClaimsYou and PromoCodeClipper agree that the following will not be subject to arbitration (“Excluded Claims”): (1) any Claim relating to the validity or infringement of any party's intellectual property right, such as trademarks, trade dress, copyright and patents, (2) any Claim relating to or arising from allegations associated with unauthorized use of or access to the Services in violation of any of the provisions of Section 3 (Use Of The Site And Services) of this Agreement; (3) any Claim where you or PromoCodeClipper are seeking preliminary injunctive relief, including a temporary restraining order, necessary to protect the rights or the property of that party, pending the establishment of the arbitral tribunal, or pending the arbitral tribunal’s determination of the merits of the controversy; and (4) any Claim proceeding on an individual, non-class, non-consolidated, non-representative, basis filed in a court that is limited to adjudicating small claims (small claims court proceeding).
FeesIn the event that either party initiates a proceeding involving any Claim, except for any Excluded Claims, other than an arbitration in accordance with this Section 16, or initiates a proceeding involving a Claim other than in the forum specified in Section 17 below, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and to proceed in the forum to which the parties have herein agreed.
This Agreement and any Claims hereunder will be governed by the laws of the Province of British Columbia in Canada, without regard to conflicts of laws principles thereof. For any Claims that are not subject to arbitration or that proceed in court, you and PromoCodeClipper agree that the exclusive jurisdiction and venue for proceedings involving any such Claim shall be the courts of competent jurisdiction sitting within Vancouver, British Columbia, and you and PromoCodeClipper hereby waive (i) any argument that any such court does not have personal jurisdiction or that any such court is not appropriate or convenient and (ii) to the fullest extent allowed by law, any right to jury trial. Any legal proceedings shall be conducted in English. PromoCodeClipper makes no representation that materials and content found on, provided by or through or included as part of the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
If you have any questions, complaints or issues related to the Services or your use of the Services, please contact us at contact@promocodeclipper.com
