dCoupon Mobile Terms of Use

Last Updated July 20, 2016

Scanbuy, Inc. (“Scanbuy”) Mobile Application (“dCoupon”) End User Terms of Use and License Agreement (“Terms of Use”).

By using dCoupon brought to you by Scanbuy, you agree to be bound by these Terms of Use. Scanbuy may, in its sole discretion, modify, amend or revise these Terms of Use at any time, and from time to time. Although we may notify you when material changes are made to these Terms of Use, you should periodically review the up-to-date version at www.scanlife.com/terms/mobile-terms-of-use. Your continued use of dCoupon evidences your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please uninstall and discontinue using dCoupon. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

End User Terms of use and License Agreement (“Terms of Use”)

1. Limited License. Scanbuy hereby grants to you a non-exclusive, non-transferable limited license to install the object code version of dCoupon on one wireless communication device owned or controlled by you and to use dCoupon on such device for your personal, non-commercial use only, subject to and in accordance with these Terms of Use and all applicable laws. All rights not expressly granted are reserved by Scanbuy.

2. Restrictions. You agree not to reproduce, copy, modify, adapt, edit, distribute, sell, assign, lease, lend, rent, loan, transfer rights to, transmit, sub-license or otherwise commercialize dCoupon or any information or software associated with dCoupon. You agree not to remove, obscure or alter Scanbuy's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by dCoupon. You acknowledge that dCoupon embodies the intellectual property of a third party and is protected by law. You agree not to, modify, reverse engineer, decompile, disassemble, and prepare derivative works from, attempt to derive source code from or otherwise tamper with, dCoupon, whether in whole or in part. You agree not to violate any applicable laws, rules or regulations in connection with your use of dCoupon. You agree not to use dCoupon to infringe on the privacy of other individuals. You agree not to use dCoupon to access, copy, transfer, or retransmit content in violation of any law or third party rights. You agree that you will not authorize or permit any third party access to dCoupon to do any of the foregoing.

3. Ownership. Scanbuy owns or is the licensee to all right, title and interest in and to dCoupon including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You do not acquire any ownership rights in dCoupon as a result of downloading dCoupon. If you have comments on dCoupon or ideas on how to improve it, please email support@scanbuy.com. Please note that by doing so, you also grant Scanbuy permission to use and incorporate your ideas or comments into dCoupon (or third party software) without further compensation.

4. Use and Disclosure of User Information. You acknowledge and agree that Scanbuy may access, preserve, and disclose your information in connection with your use of the Application or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce a Terms & Conditions of Use agreement (also referred to as, “Mobile Terms of Use,” and “End User Terms of Use and License Agreement”), including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Scanbuy, its users, and the public.

Scanbuy may also share aggregate level and/or anonymous information with our customers and/or partners. Scanbuy does not share personally identifiable information with our partners, restricting the disclosure to location information, sex, age and other anonymous and/or aggregate level data.

Scanbuy may share your aggregate level and/or anonymous information with third parties for their promotional purposes. Scanbuy may share aggregated and anonymized information relating to users of the Scanbuy services with affiliated or unaffiliated third parties.

Any use of User information by Scanbuy will comply with Scanbuy’s Privacy Policy, you should periodically review the up-to-date version at http://www.scanlife.com/privacy-policy. By accessing Scanbuy services, you expressly consent to the collection, use and disclosure of your information as described in the Privacy Policy. If you do not consent to the terms of the Privacy Policy, you should immediately stop using the Scanbuy services.

5. Termination. Your right to use dCoupon shall terminate automatically, without notice, if you fail to comply with these Terms of Use. In case of such termination, you agree to immediately erase dCoupon from your wireless device and cease all use of dCoupon, and we may immediately revoke your access to dCoupon without notice. Our failure to insist upon or enforce your strict compliance with these Terms of Use, or provide any notice of non-compliance will not constitute a waiver of any of our rights.

6. Disclaimer of Warranty. Scanbuy and any third party who makes its software and/or service(s) available in conjunction with or through dCoupon disclaim any responsibility for any harm resulting from your use of dCoupon and/or any third party software accessed in conjunction with or through dCoupon.

SCANLIFE AND ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANLIFE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. SCANBUY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SCANBUY AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANLIFE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SCANLIFE, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE SCANLIFE, ALL THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANLIFE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SCANLIFE, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

We do not promise or warrant that any aspect of third party services or systems will work properly or will be continuously available as any such service or system is provided by a third party and the fees charged to you for the wireless connection required to download dCoupon to the wireless communication device or computer is determined by a third party. You acknowledge and agree that we are not responsible or liable for the accuracy of the content, products description, prices, or any other related information. Your subsequent dealing with the vendors does not imply any endorsement of such vendors or the content, products, or services available from such vendors or resources. You acknowledge sole responsibility for and assume all risk arising from interaction with any such vendors. You agree not to hold Scanbuy liable for any loss or damage of any sort incurred as the result of any such dealings. In addition, Scanbuy does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL SCANBUY BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF SCANLIFE OR SUCH THIRD PARTY SOFTWARE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SCANBUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SCANLIFE, FROM INABILITY TO USE SCANLIFE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANLIFE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SCANLIFE, ALL THIRD PARTY SOFTWARE AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANLIFE (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. Indemnification. You will indemnify and hold harmless Scanbuy and its subsidiaries, affiliates, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of dCoupon, any alleged violation of the Privacy Policy and these Terms of Use, and any alleged violation of any applicable law or regulation. Scanbuy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

9. Miscellaneous. These Terms of Use are governed by New York law and without regard to conflict of laws. Any claim arising out of or relating to these Terms of Use or dCoupon shall be settled by binding arbitration in New York County, New York in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York County, New York court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. These Terms of Use constitute the entire agreement between you and Scanbuy regarding its subject matter and supersede any prior agreement, whether written or oral, relating to the subject matter of these terms. Any additional terms contained in dCoupon and the terms of the end user agreement and privacy policy at the applicable country site accessed by dCoupon also apply to your use of dCoupon. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country and you are not listed on any US Government list of prohibited or restricted parties. dCoupon or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export dCoupon to any prohibited country, person, end-user or entity specified by US Export Laws.

10. Government. If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Application is commercial "computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of dCoupon is governed by these Terms of Use.

The Scanbuy Privacy Policy (www.scanlife.com/privacy-policy) describes how we treat personal information when you use Scanbuy's products and services, including information provided when you use dCoupon. In addition, the following describes our privacy practices that are specific to dCoupon:
The downloadable application includes a unique and anonymous identifying number so that we can return proper results and offer reliable service to you. In addition, Scanbuy's servers automatically record certain standard log information, including carrier gateway information, and the date, time and content of your request, as well as the unique and anonymous identifying number. dCoupon does not share personal information, like your phone number or email address, with anyone unless you specifically provide it after you have scanned a code. We only ask that you complete a short, one-time survey to help improve the service and keep it free for you. This information will not be used to send unwanted SPAM or marketing material. dCoupon retains a cache of your recent searches on your device, which you can clear at any time as described in the dCoupon FAQ.

We process your requests in order to operate dCoupon. In addition, we may use log information about dCoupon usage to improve the quality of this and other Scanbuy products and services.

 Revision Date: October 15, 2015