Effective January28, 2023

Please read these terms and conditions carefully before using our service because they describe your rights and responsibilities. In combination with the other terms and conditions listed below, create a legally binding agreement between you and us regarding your use of our website and other services.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Services.BY LOGGING INTO THE SERVICES, YOU AGREE TO THESE TERMS and represent that you have the authority and capacity to enter these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SERVICES. DO NOT LOG IN TO OR USE THE SERVICES IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS.

These Terms govern your use of TopExclCoupons (“the Company”, “we”, “our”, “us”)and its subsidiaries’ interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes, and contests (collectively, the “Services”).Additional terms and conditions of use relevant to certain sections of the Services may be posted and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement”.

Some Servicesfeatures may be subject to additional guidelines, restrictions, or rules, which will be posted on the Servicesin relation to such features.All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Access to the Services

Subject to these Terms. You are given non-exclusive, revocable, limited permission by the Company to use the Services for your own private, non-commercial use only.

Certain Restrictions. The following limitations apply to the rights granted to you by these Terms: (a) you may not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you may not modify, create a derivative work of, disassemble, reverse-compile, or reverse-engineer any part of the Services; and (c) you may not access the Servicesin order to create a Services that is similar to or competitive with the Services; and (d) except as expressly provided herein, no part of the Servicesmay be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. If it is not explicitly stated otherwise, any upcoming release, update, or other functionality addition is also prohibited. The Services’ copyright and other property markings must be preserved in all reproductions

The Company retains the right to modify, halt, or discontinue the Serviceswith or without prior notice to you. You agreed that any modification, interruption, or termination of the Services or any portion thereof shall not subject the Company to any liability to you or to any other person.

No Support or Maintenance. You agree that the Company will have no obligation to provide you with any support in connection with the Services.

Excluding any User Content you may contribute, you acknowledge that all intellectual property rights in the Services and its content, including copyrights, patents, trademarks, and trade secrets, are held by the Company or its suppliers.

Except for the limited access rights expressly stated in Section 1.1, these Terms and access to the Services do not grant you any rights, title, or interest in or to any intellectual property rights. The Company and its suppliers reserve all rights not expressly granted in these Terms.

User Content

User Content. “User Content” refers to any and all information and content submitted by a user to the Services. You are solely liable for your User Content. You are solely responsible for all risks connected with the use of your User Content.You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You are not permitted to claim or indicate to anyone that your User Content is provided, promoted, or supported by the Company.Because you are solely responsible for your User Content, you may subject yourself to responsibility. The Company is under no obligation to backup any User Content you publish; moreover, your User Content may be removed at any time without notice to you. If you want to make backup copies of your User Content, you are solely responsible for doing so.

You hereby grant the Company an irreversible, nonexclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, as well as grant sublicenses of the foregoing rights, solely for the purpose of including your User Content on the Services.You hereby irrevocably renounce all claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that infringes on the rights of a third party or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services.

We retain the right to analyze any User Content and, in our sole discretion, to investigate and/or take necessary action against you if you breach the Acceptable Use Policy or any other aspect of these Terms or otherwise create liability for us or any other person.Such action may include deleting or editing your User Content, cancelling your account in line with Section 8, and/or reporting you to law enforcement authorities.

If you provide the Company with comments or recommendations about the Services, you thus transfer to the Company all rights in such Feedback and agree that the Company may use and fully exploit such Feedback and related material in any way it deems suitable.Any Feedback you offer to the Company will be treated as non-confidential and non-proprietary.

You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party arising from or related to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. The Company reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.  You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Services may contain links to third-party websites and services, as well as ads for third-party products and services. The Company has no control over Third-Party Links & Advertising and is not liable for any Third-Party Links & Ads.The Company merely makes these Third-Party Links & Advertising available to you as a convenience and does not examine, authorize, monitor, endorse, guarantee, or make any statements about them.You use any Third-Party Links & Advertising at your own risk and should exercise appropriate caution and judgment.When you click on any of the Third-Party Links & Advertising, you agree to the terms and policies of the appropriate third party, including the third party’s privacy and data collection practices.

Other Users. Each Services user is entirely responsible for their own User Content. You acknowledge and accept that we are not liable for any User Content, whether contributed by you or others, because we do not control it.You agree that the Company will not be liable for any loss or harm resulting from such interactions. We are under no duty to become involved in any dispute between you and another Services user.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, any and all past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of any kind and nature that has arisen or arises directly or indirectly out of, or relates to, the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other website, TopExclCoupons.com uses ‘cookies’. These cookies are used to save information such as visitors’ preferences and the pages on the website that they viewed or visited.The data is used to improve the user experience by tailoring our web page content to visitors’ browser types and/or other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.TopExclCoupons.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners. Some of our advertisers may use cookies and web beacons. The following are our advertising partners. For their policies on user data, each of our advertising partners has its own Privacy Policy.For easier access, we hyperlinked to their Privacy Policies below.

• Google

https://policies.google.com/technologies/ads

Disclaimers

The Servicesare provided to you “as-is” and “as available” basis, and the Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will suit your needs, will be accessible on an uninterrupted, timely, secure, or error-free basis, or will be accurate, dependable, virus-free, comprehensive, legal, or safe.If relevant legislation requires guarantees with regard to the site, all such warranties are limited to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, the Company or our suppliers shall not be liable to you or any third party for any lost profits, lost data, costs of procuring substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if the Company has been advised of the possibility of such damages.Access to and use of the Services is at your own risk, and you will be entirely liable for any damage to your device or computer system, as well as any data loss that results.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The occurrence of several claims will not increase this limit.You agree that our suppliers will have no responsibility arising from or in connection with this agreement.

Some jurisdictions do not permit the limitation or exclusion of responsibility for incidental or consequential damages, the limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Services. We reserve the right to suspend or cancel your access to the Services at any time for any reason, including any usage of the Services in violation of these Terms.Your account and the right to access and use the Services will end immediately if your rights under these Terms are terminated.You are aware that any account cancellation may result in the removal of any connected User Content from our active databases.You will not be subject to any responsibility from the Company if your rights under these Terms are terminated.Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1 through 1.3, Section 2 and Sections 3 through 9.

Copyright Policy.

The Company respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have created and put into effect a copyright law compliance policy that calls for the removal of any content that violate the law as well as the expulsion of users who repeatedly violate intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms may be updated from occasionally, and in the case that we make any significant changes, we might send you a notice through email at the most recent email address you have given us, as well as by prominently displaying notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the case that the most recent email address you gave us is invalid, sending the email containing the notification will still serve as your legally binding notice of the changes. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Services. New users of our Services will instantly be affected by these changes. Continueduse of our Services following notification of such changes indicates your acceptance of such changes and consent to be governed by the terms and conditions of such changes.Dispute Resolution. Please carefully read this Arbitration Agreement. It is part of your agreement with the Business and impacts your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes arising from the Terms or the use of any product or service offered by the Company that cannot be settled informally or in small claims court must be addressed via binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement.All arbitration procedures must be conducted in English, unless otherwise agreed.This Arbitration Agreement is binding on you and the Company, as well as any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, and all authorized or unauthorized users or beneficiaries of services or commodities provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Prior to seeking arbitration, each party must first submit the other party a formal Notice of Dispute detailing the nature and grounds of the claim or disagreement, as well as the sought relief. A Notice to the Company should be sent to: CompanyEmail. You and the Company may try to settle the claim or disagreement informally after receiving the Notification.If you and the Company fail to resolve the claim or disagreement within thirty (30) days of receiving the Notice, any party may initiate an arbitration action.The amount of any settlement offer made by either party may not be revealed to the arbitrator until the arbitrator has decided the amount of the award to which any party is entitled.

Arbitration Rules. The American Arbitration Association, a reputable source of alternative dispute resolution that offers arbitration as described in this section, should be used to commence the arbitration.The parties shall agree to choose an alternate ADR Provider if AAA is unable to arbitrate. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Unless you reside outside of the United States and unless the parties otherwise agree, any hearing will be place in a location that is no more than 100 miles from your home.The arbitrator must provide the parties adequate notice of any oral hearing dates, times, and locations if you live abroad.Any judgment on the arbitrator’s decision may be entered in any court with the necessary jurisdiction.If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party is responsible for covering its own arbitration-related expenses, as well as paying an equal portion of the ADR Provider’s fees and costs.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the aforementioned, either party may ask for urgent equitable relief from a state or federal court to keep things as they are while waiting for arbitration.Any additional rights or responsibilities under this Arbitration Agreement shall not be construed to have been waived by a request for temporary relief.

Claims Not Subject to Arbitration. Notwithstanding the aforementioned, this Arbitration Agreement shall not apply to claims of defamation, violations of the Computer Fraud and Abuse Act, or infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets.

In any circumstance where the preceding Arbitration Agreement allows the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Netherlands County, California, for such purposes.

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and the Company use electronic means, whether you use the Services or send us emails, or whether the Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section headings in these Terms are just for convenience and have no legal or contractual significance. The word “including” means “including without limitation”. If any term of these Terms is found to be illegal or unenforceable, the remaining sections of these Terms will be unaffected, and the invalid or unenforceable provision will be deemed fully changed permissible by law.Your relationship with the Company is that of an independent contractor, and neither party is the other’s agent or partner.These Terms, as well as your rights and duties under them, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written agreement, and any attempted assignment, subcontract, delegation, or transfer in violation of the above will be null and void. The Corporation may freely assign these Terms. The terms and conditions set out in these Terms are binding on assignees.

Your Privacy. Please read our Privacy Policy.PrivacyPolicyPage

Copyright/Trademark Information. Copyright ©. All rights are reserved. Any trademarks, logos, and service marks used in connection with the Services are either our property or the property of other third parties.You are not allowed to use these Marks without either our prior written approval or the consent of any third party that may possess the Marks.

Contact Information

Address: CompanyAdress

Email: EmailAddress