Welcome to clickAlways.com and onlinecouponcode.com (the “Site”), provided by clickAlways.com, Inc. (the “Company”). Before you use the Site, you must read and agree with these terms and conditions (the “Terms”) and the Site privacy policy (the “Privacy Policy” located at www.onlinecouponcode.com/privacypolicy.aspx, which is incorporated in the Terms by reference).

Accepting the Terms

The Site provides services that are free to a User that may include, without limitation, promotional offers, coupon codes, offer codes, and listings provided by merchants and advertisers on the Site and on affiliated websites or applications (collectively, the “Services”).

As a new or continuing user accessing the Site (in either case, a “User”), you represent that you have read, understood and agreed to the Terms, and consent to be bound by all of them, including any future amendments or updates.

You may not use the Site or the Services if you do not accept the Terms. You may not accept the Terms if you are (a) not of legal age to form a binding contract with the Company, or (b) a person barred from using the Site or Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Site or Services.

Should you object to any of the Terms or any subsequent modifications thereto, or become dissatisfied with the Site or Services in any way, your only recourse is to immediately discontinue use of the Site. The Company has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.

You should print or save a copy of the Terms from time to time for your records.

Use of the Services

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued use of the Services. You warrant that any registration information you give to the Company will always be accurate, correct and up to date.

You may use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable law and regulations in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may not access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company. You may not access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). You may not engage in any activity that: (x) interferes with or disrupts the Site or other users’ ability to use the Services (or the servers and networks which are connected to the Site Services); (y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (z) employs misleading e-mail addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted via the Site or Services.

The Company may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that are determined, in the Company’s sole discretion, to violate these Terms or to be otherwise inappropriate.

Only Personal Use is Authorized

Under this Agreement, the Company gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed by the Site for your personal use. That means that, except as set forth above, you may not modify, reformat, reverse engineer, decompile, extract source code, copy, display, distribute, transmit, reproduce or publish, license, create derivative works from, transfer, sell or exploit for commercial purposes any information, products, or service obtained by your use of the Site or Services. This restriction means, among other things, that you may not mirror nor copy any portion of the Site or Services on another website or any other server, or display through your own website any results pages or other information from the Site or the Services without the Company’s express permission. You are prohibited from accessing the Site or Services for any commercial purpose whatsoever, including, but not limited to, market research, data mining or data aggregation, whether for your own benefit or that of another person or persons, or on behalf of any business entity or other enterprise.

Third-Party Offerings

The Site’s functionality may allow you to access and interoperate with third-party websites, software applications, and data services, including internet applications (“Third-Party Offerings”). Your access to and use of any Third-Party Offering, including any goods, services or information provided by it, is governed by the terms and conditions provided by its purveyor. Third-Party Offerings are not owned or provided by the Company.

Your interactions with organizations and/or individuals found via the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The Company is not responsible for the content, redemption, or expiration of online coupons or offers, and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process when transacting with any seller. All offers and promotions viewed via the Site are subject to change without notice. The Company has no control over: the legality of any coupons or other offers made by sellers; the ability of any seller to complete a sale in accordance with an offer; the availability or technical capability of any Third-Party Offering; or the quality, safety, or legality of the goods or services offered by a seller.

The Company has no control over whether a seller will honor the offers shown on the Site, and does not guarantee the accuracy or completeness of the information contained on the Site. In the event you have a dispute with a seller in any way relating to the Site or Services, you agree to waive and release the Company from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

The Company may not have access to or control over features that a Third-Party Offering may use, and the information practices of Third-Party Offerings are not covered by the Privacy Policy. The Company is not responsible for the availability of any Third-Party Offering, and does not endorse any advertising, products or other materials on or available from Third-Party Offerings. The Company is not liable for any loss or damage which may be incurred by you as a result of the availability of Third-Party Offerings, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from Third-Party Offerings.

Changes to Site and Services

The Company is constantly innovating in order to provide the best possible experience for its users. The form and nature of the Services which the Company provides may change from time to time without prior notice to you. The Company may stop (permanently or temporarily) providing the Site or Services (or any feature thereof) to you, or to users generally, at the Company’s sole discretion and without prior notice to you.

Advertisements

Some of the Services are supported by advertising revenue, and may display advertisements and promotions. These advertisements may be targeted to the content of information stored via the Site, queries made through the Services, or other criteria.

The manner, mode and extent of advertising by the Company on the Site are subject to change without specific notice to you. In consideration for the Company granting you access to and use of the Services, you agree that the Company may place such advertising on the Site.

Limitations of Liability

NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS (THE “CLICKALWAYS.COM PARTIES”), WILL BE LIABLE TO YOU FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY). THE CLICKALWAYS.COM PARTIES WILL NOT BE LIABLE FOR ANY CONTENT OF WEBSITES THE SITE LINKS TO AS PART OF THE SERVICES, OR FOR INFORMATION CONTAINED IN OR RESULTING FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.

If applicable, you waive California Civil Code section 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THE COMPANY WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF USER DEALINGS WITH ANY NON-CLICKALWAYS.COM PARTIES, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST THE CLICKALWAYS.COM PARTIES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY THIRD-PARTY MERCHANTS OR SUPPLIERS. If there is a dispute between participants on this Site, or between Users and any third party, the Company is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release the clickAlways.com Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and the Site or Services.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE ABOVE LIMITATION MAY THUS NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF EACH OF THE CLICKALWAYS.COM PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU AGREE TO INDEMNIFY AND HOLD THE CLICKALWAYS.COM PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: YOUR USE OF THE SITE OR SERVICES; YOUR VIOLATION OF THESE TERMS AND CONDITIONS; THE INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT, ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AS APPLICABLE; OR ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY THIRD-PARTY COMMUNICATIONS VIEWED VIA THE SITE OR SERVICES.

Disclaimer of Warranties

THE SITE AND THE SERVICES ARE BEING PROVIDED BY THE COMPANY AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE OR NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE; OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE ANY CERTAIN PRICE BY PURCHASING ITEMS FROM A PARTICIPATING MERCHANT.

Passwords and Your Account

You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You will be solely responsible to the Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you must notify the Company immediately at privacy@clickAlways.com.

Proprietary Rights and Intellectual Property

All information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. The Company (or the Company’s licensors) own all legal right, title and interest in and to the Site and the Services, including any intellectual property rights which may be protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

If you use the Services other than as provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws, and may be subject to penalties. As between you and the Company, the Company owns and retains all ownership of the technology underlying, and content within, the Site and the Services, and reserves all rights not explicitly granted to you in this Agreement.

Nothing in the Terms gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company or any other party. In particular, you may not use any such material in a way that is likely or intended to cause confusion about their ownership or licensing. Further, you must abide by any and all copyright notices or other proprietary legends displayed on the Site or via the Services.

Termination

The Terms will continue to apply until terminated by either you or the Company as set out below.

If you want to terminate your legal agreement with the Company, you may do so by (a) notifying the Company at any time at info@clickAlways.com, or (b) closing your account for the Site and Services, if the Company has made this option available to you. You may stop using the Site and Services at any time.

The Company may, at any time, terminate your account and access to the Site and Services in its sole discretion and for any reason, including but not limited to circumstances where:

(a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend, or are unable, to comply with the provisions of the Terms);

(b) the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(c) the Company is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the Services; or

(d) the provision of the Site and Services to you by the Company is, in the Company’s opinion, no longer commercially viable.

If the Company disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account. If your user name, password and registration for the Site are terminated for any reason, either by you or by the Company, you shall forfeit any and all benefits accrued to your account.

Choice of Law, Waiver, and Claims

These Terms shall be governed by and interpreted under the law of the State of Georgia, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the state and federal courts seated in Fulton County, Georgia to resolve any legal matter arising from the Terms; provided that, the Company shall still be allowed to apply for injunctive remedies (or other urgent legal relief) in any jurisdiction. You agree to waive all objections to venue in Fulton County, Georgia, whether based on inconvenience or otherwise.

The Company’s failure to exercise or enforce any right provided by, or any provision of, the Terms will not be deemed to be a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services must be filed within one (1) year after such claim or cause of action arises, or be forever barred.

Notices

All notices from the Company will be given by e-mail, postal mail, or posting to the Site. You may direct any questions concerning these Terms to the Company at privacy@clickAlways.com.

Amendment

THE TERMS MAY CHANGE FROM TIME TO TIME. THE COMPANY WILL POST THOSE CHANGES ON THIS PAGE OF THE SITE. YOU CONSENT TO BE BOUND BY THE TERMS, INCLUDING ANY AND ALL UPDATES THERETO. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE SITE REGULARLY TO DETERMINE WHETHER THE TERMS HAVE BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THE TERMS, YOU MUST IMMEDIATELY CEASE USING THE SITE AND THE SERVICES. If you use the Services after a date on which the Terms have changed, the Company will treat your use as acceptance of the updated Terms.

Severability

The invalidity of any portion of these Terms shall not be deemed to affect the validity of any other provision, and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of these Terms is held to be invalid or unenforceable, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of these Terms to be valid and enforceable, and hereby knowingly waive all rights to object to any provision of these Terms. Accordingly, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then: (a) any invalid or unenforceable provisions will, rather than be stricken in their entirety, be superseded by valid and enforceable provisions that most closely match the intent of the original provision; and (b) the remainder of the these Terms shall continue in effect.

Entire Agreement

The Terms constitute the whole legal agreement between you and the Company for the use of the Site and Services, and completely replace any prior discussions or agreements, whether written or oral, between you and the Company in relation to the Site or Services.