Terms of Use Agreement
Version 1.0, April 19, 2007
Welcome to the Xtra! Coupons Web site operated by, NetInformer LLC
("NetInformer", "our" or "we"), a California Limited Liability Company. We
deliver promotional incentives (such as coupons, offers, ads, savings notices,
samples and trial offers) on behalf of online, offline, and retail companies with
whom we have a relationship (our "Clients") to visitors and members ("you",
"your" or "Members") at our Web site Xtra! Coupons and/or mobile Web
site Coupons on your cellphone (collectively the "Site"). By using this Site, you are
agreeing to comply with and be bound by the following Terms and Conditions
outlined in this Terms of Use Agreement ("Agreement"). Please review the
following terms carefully. If you do not agree to these terms, you have no right
from NetInformer to obtain information from or otherwise use this Web site.
Failure to use this Web site in accordance with the following terms of use may
subject you to severe civil and criminal penalties.
1. Introduction
You agree to the Terms and Conditions outlined in this Terms of Use
Agreement with respect to this Web site. This Agreement supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content and computer programs provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be amended
at any time without specific notice to you. You should visit this page from time to
time to review the then-current Agreement because they are binding on you.
Certain provisions of this Agreement may be superseded by expressly designated
legal notices or terms located on particular pages at this Site.
2. Limited Right to Use
The viewing, printing or downloading of any content, video, audio, graphic,
form or document from the Site grants you only a revocable, nonexclusive license
for use solely by you for personal, noncommercial purposes limited to the use as is
reasonably required to view and listen to the content and navigate through the
pages and links generally available to the public using a standard Internet browser
and standard media player, and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, graphic, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical, other
than for your personal, noncommercial use (but not for resale or redistribution).
3. Driving and Use of the Site
While we want you to effectively use the Site's features to the fullest extent
possible, please DO NOT USE the Service and Site while driving. It may be
dangerous for both you and the other drivers on the road.
4. Indemnification
You agree to indemnify, defend and hold NetInformer and their respective
directors, officers, shareholders, employees, agents, attorneys, advertisers, and
publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss,
claim or expense, including reasonable attorneys' fees, related to your use of the
Site or violation of this Agreement.
5. Nontransferable
Your right to use the Site is not transferable. Any password or right given to
you to obtain information or documents from the Site is not transferable.
6. Use of Software and Services
If you download software from this Site ("Software"), use of the Software is
subject to the license terms in the Software License Agreement that accompanies
or is provided with the Software. You may not download or install the Software
until you have read and accepted the terms of the Software License Agreement.
7. Cost of Use
NetInformer provides the Xtra! Coupon Service to you free of charge. You may,
however, be subject to data or other charges imposed by your wireless or other applicable
carrier when you use the Xtra! Coupon Service. Any and all such charges and payments
thereof are solely your responsibility.
8. Xtra! Coupons Text Message Service (SMS)
To opt-in or subscribe to Xtra! Coupons, please go to our website
Xtra! Coupons or Coupons on your cellphone.
After you register for the NetInformer service, all further SMS text messages will be sent
strictly on an opt-in basis. If you have opted-in to receive text messages, you can at any
time choose to opt-out of the service.
To opt-out from our text message service, send a text message with the word "STOP" to
99299 from your mobile phone and we will immediately remove you from our text
message service. You will not receive any additional text messages unless you re-register
on our website or via your mobile phone.
9. Linking
Links to the Site. You are granted a limited, nonexclusive right to create a
hypertext link to the home page of the Site provided such link does not portray
NetInformer or any of its products and services in a false, misleading, derogatory
or otherwise defamatory manner. You may not use an Xtra! Coupons or
NetInformer logo or other proprietary graphic or trademark of NetInformer to link
to this Site without the express written permission of NetInformer. This limited
right may be revoked at any time.
Third-Party Links. NetInformer links to Clients and to other Merchant sites
where we have no relationship. NetInformer makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature or
reliability of third-party Web sites or services accessible by hyperlink from this
Site, or third-party Web sites linking to this Site. Such linked Web sites are not
under the control of NetInformer and NetInformer is not responsible for the
content of any such linked Web site or any link contained in a linked Web site, or
any review, changes or updates to such Web sites. When leaving NetInformer, you
should be aware that NetInformer' terms and policies no longer govern, and,
therefore, you should review the applicable terms and policies, including privacy
and data gathering practices, of that Web site.
10. Your Account
To become a member of NetInformer, you will need to signup and create an
account. By signing up, you agree that the information provided is accurate and
you agree to NetInformer's Terms of Use and Privacy Policy. When your account is
confirmed, you will be provided with a username whereupon you will be able to
access member features of NetInformer when used in conjunction with your phone
number. To use member features on the Site, you must have cookies and javascript
enabled. NetInformer recommends using Netscape 4.x or higher, Internet Explorer
4.x or higher. Failure to have cookies and javascript enabled may result in certain
features not to work and transactions not to be tracked. NetInformer use of cookies
and sessions are explained in the Privacy Policy.
If you use any part of the Site that requires a user name and/or phone number,
you will be responsible for maintaining the confidentiality of that user name and
phone number and for restricting access to your computer and/or mobile phone,
and you agree to accept responsibility for all activities that occur under your
account or phone number. In the event the confidentiality of your account or
phone number are compromised in any manner, you should notify NetInformer
immediately. NetInformer reserves the right to take any and all action, as it deems
necessary or reasonable, to ensure the security of the Site and your account,
including without limitation terminating your account, changing your user name or
requesting additional information to authorize transactions on your account.
Notwithstanding the above, NetInformer may rely on the authority of anyone
accessing your account or using your phone number and in no event and under no
circumstances shall NetInformer be held liable to you for any liabilities or
damages resulting from or arising out of
- any action or inaction of NetInformer under this provision,
- any compromise of the confidentiality of your account or phone number and
- any unauthorized access to your account or use of your phone number.
Any unauthorized use of this Site will terminate the permission or license granted
herein and may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes. All violators
will be prosecuted to the fullest extent of the law.
11. Applicable Laws
This Site is administered by NetInformer from its offices in California.
NetInformer makes no representation that materials at this Site are appropriate or
available for use outside the United States, and access to them from territories
where their contents are illegal is prohibited. You may not use or export or re-
export the materials at this Site or any copy or adaptation in violation of any
applicable laws or regulations including without limitation U.S. export laws and
regulations. If you choose to access this Site from outside the United States, you
do so on your own initiative and are responsible for compliance with applicable
local laws. This Agreement will be governed by and construed in accordance with
the laws of California, without giving effect to any principles of conflicts of laws.
Any cause of action by you with respect to the Site (and/or information,
documents and other materials contained therein) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth under "Disclaimer" above. The
language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against you or us. You expressly submit to the exclusive personal
jurisdiction and venue of Contra Costa County and the United States District Court
for California with respect to all matters relating to this Agreement or your use of
the Site, and consent to extra-territorial service of process in connection therewith.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated with the
Site is in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
12. Copyright Complaints
NetInformer respects the intellectual property of others. If you believe that
your work has been copied and has been posted to this Site in a way that
constitutes copyright infringement, please provide NetInformer's copyright agent
the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NetInformer's Copyright Agent for notice of claims of copyright infringement
on this Site can be reached at our current business address indicated at the end of
this agreement.
13. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE COMPUTER PROGRAMS, INFORMATION AND OTHER
CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NETINFORMER DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
- THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE,
- THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE,
- THAT DEFECTS WILL BE CORRECTED,
- THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS,
- THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT,
- REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR
- AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT.
ALL 'INFORMATION' AND 'COMPUTER PROGRAMS'
PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED
WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS
THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER
CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE
ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT,
PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY
CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER
CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE
ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU
OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
14. Contact Us
If you have any questions about these Terms of Service or the download and/or use of
the Xtra! Coupons Service, please contact us at:
NetInformer LLC
2551 San Ramon Valley Blvd
Suite 217
San Ramon, CA 94583
Phone: 925-275-1110
Fax: 925-264-0011
info@netinformer.com
