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You – not we — are responsible for all the hardware, software and communications links over and through which you access the Site and use our Services.
FreeSoftwareDiscounts.com provides web-based Services and we communicate with you and you with us via electronic means, whether you visit the Site or send us emails, or whether FreeSoftwareDiscounts.com posts notices on the Site or communicates with you via email. You agree to receive communications from FreeSoftwareDiscounts.com in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that FreeSoftwareDiscounts.com provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. Local law may, however, give you rights about this that you can’t waive.
You will create a user profile and account with us that will be accurate. You will update the information in your profile and account whenever necessary to keep it current. You can create the user profile and account directly through the Site or you can give us the authority to connect to your Facebook profile.
You will not allow anyone else to use the user identification (“User ID”) we issue to you once you’ve created your profile and account. You are responsible for keeping your User ID secure, and for the actions of any person who uses it with or without your permission, unless and until you have told us that someone has access to your User ID without your permission.
You will not use the Site, any Content you find on the Site or our Services for commercial purposes.
You have the right to create your profile and account and to publish your Content on or through the Site. You understand that by publishing your Content on the Site, you are giving other FreeSoftwareDiscounts.com users the right to access, use or reproduce your Content,
We make no representation or warranty as to the accuracy or fitness for use of any offers, including but not limited to, general offers, percent off offers, discounts, coupons, rebates, coupon codes, promo codes, etc. posted via the Services or that any third party will honor or acknowledge any such offers, percent off offers, discounts, coupons, rebates, coupon codes, promo codes, etc. available via the Services. You understand that we do not and cannot review all offers or any other material made available through websites linked to or posted via the Services. We are not responsible for providing any value for any offers, coupons, rebates, discounts, etc. available via the Services and are not responsible for any changes of information at third party sites including, but not limited to eligibility for offers, rebate information, pricing, discounts, percentages off, availability of any offers, or fitness for any use. We do not warrant or represent that the Services or any functions contained on the Site will be uninterrupted or error free or that defects will be corrected. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER THEORY OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
In addition to the Services, we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase merchant’s offers or products, to encourage you to induce others to do so, to register for an account, to promote the Site in general, or to complete similar actions. We will post the rules about such promotions on the Site in or near the description of each such promotion. FreeSoftwareDiscounts.com reserves the right to interpret these rules in our sole discretion, and by participating in any such promotion you are indication your agreement with our interpretation.
About Our Merchants
In some instances, Merchants contract with FreeSoftwareDiscounts.com to market their products and services using the Services. In the event of an affiliated relationship, we act as our Merchants’ sales and marketing agents only with respect to providing information on offers they may make available from time to time and make no representation as the accuracy, functionality, or availability of such offers in any way. We are not partners with our Merchants or otherwise engaged in their businesses. If for any reason you believe you may have been injured, made ill or otherwise suffered any damages or loss as a result of patronizing a Merchant, you must make any claim you choose to assert against the Merchant. Our Merchants are also solely responsible for complying with any local laws.
About Our Rules for FreeSoftwareDiscounts.com Users
You will not use the Site to send or otherwise disperse viruses, Trojan horses, worms or other malicious software that is intended to harm the Site or the systems of other FreeSoftwareDiscounts.com users. You will not do anything intended to interfere with the functioning of the Site. You will not use the Site for any illegal activity. You will not publish, upload or distribute any Content that may be harmful to minors. You will not use the Site to generate unsolicited email advertisements or spam or otherwise engage in any commercial activity targeted to the FreeSoftwareDiscounts.com community of users (including but not limited to using the Site to engage in data mining about our users, our Merchants or anything else). You will always represent yourself as yourself and not as someone else.
You will not use the Site to engage in or promote defamation or libel of others, discrimination against others, pornography or obscenity, or abusive, threatening, harassing or hateful conduct, whether any such action might give rise to civil or criminal liability.
FreeSoftwareDiscounts.com has the sole right to determine if any Content you post may be unlawful, of if it is inappropriate or damaging to us, other FreeSoftwareDiscounts.com users, our Merchants, or others.
To the extent the law permits, you release us from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other FreeSoftwareDiscounts.com users or any of our Merchants. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “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.” If you are a resident of another state with a similar law, you waive any rights you may have under that law.
About Intellectual Property Issues
FreeSoftwareDiscounts.com is the exclusive owner of everything on and the functionality of the Site or uses the trademarks of others in conjunction with offers they may make publically available from time to time. Merchant trademarks are the property of the respective merchant and their inclusion or display on the FreeSoftwareDiscounts.com site does not necessarily mean that FreeSoftwareDiscounts.com has an affiliation with the merchant. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR CONTENT THEREON WITHOUT THE EXPRESS WRITTEN PERMISSION OF FreeSoftwareDiscounts.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site. You will also not attempt to access any areas of the Site to which you do not possess access rights.
You warrant that the owner of any Content you upload, post or otherwise make available on the Site (whether that owner is you or someone else) has expressly granted FreeSoftwareDiscounts.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to sublicense, use, reproduce, edit, modify, adapt, publish, translate and distribute your Content, in whole or in part, anywhere in the world, and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in your Content. You also permit other FreeSoftwareDiscounts.com users to access, view, store or reproduce your Content for their personal use. If you make any suggestions about how we can improve the Site or our Services, you agree that any such communication in whatever means made is not proprietary, and that FreeSoftwareDiscounts.com may use such information without any limitation whatsoever.
You will not violate the copyright, trademark or other proprietary rights of others by uploading, posting or otherwise making available material on the Site in which others have intellectual property rights and protections without the express permission of the owners of those rights. It is up to you to determine whether any material you plan to upload, post or otherwise make available on the Site is subject to such rights and, if so, how to get permission from the owners thereof to do so. If you violate such rights, you will be solely liable for any claims for damages asserted by the owners of such rights, and your expenses in defending against such claims.
About Our Copyright Policy
Much of the information you provide us about you through your profile helps us make your use of the Site and our Services more relevant to you and also to other FreeSoftwareDiscounts.com users. When you submit such information, you understand that we may disclose it for those purposes and you also understand that such information is not subject to any obligation on our part to keep it confidential. We may also disclose to Merchants information about you for their commercial purposes.
About Third Party Sites
You understand that FreeSoftwareDiscounts.com has no control over websites that may be linked to the Site that we don’t own or operate. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. We make no representation or warranty as to the accuracy or fitness for use of any offers, including but not limited to, general offers, percent off offers, discounts, coupons, rebates, coupon codes, promo codes, etc. posted via the Services or that any third party will honor or acknowledge any such offers, percent off offers, discounts, coupons, rebates, coupon codes, promo codes, etc. available via the Services. By using FreeSoftwareDiscounts.com you expressly relieve us from any and all liability arising from your use of any third party website.
About Our Warranties
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF FreeSoftwareDiscounts.com. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD. WE, OUR OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
About this Agreement in General
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OUR SERVICES OR ANY ACT OR OMISSION BY FreeSoftwareDiscounts.com MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Communication with FreeSoftwareDiscounts.com should be made by using the various methods of contacting our Customer Service department available from time to time on the site.