Terms and Conditions
CN Deals & Coupons Terms and Conditions Agreement
Last Updated June 25, 2021
If you do not agree to all of the Terms, then please do not use the Application.
- Eligibility. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years old, (ii) that you have not previously been suspended, removed or deactivated from the Application, and (iii) that your registration and your use of the Application complies with any and all applicable laws and regulations. Any breach of these representations may result in CN Deals & Coupons revoking your permission to use the Application. If you are using the Application on behalf of an entity, organization, or company (collectively "Subscribing Organization"), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, "you" in these Terms refers to your Subscribing Organization, and any individual authorized to use the Application on behalf of the Subscribing Organization, including you.
- Additional Terms. Your use of the Application is subject to any additional terms, rules, or guidelines applicable to certain Applications and features which we may post from time to time (the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
- Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Application after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change at least fifteen days prior to the effective date of such change, such as by revising the “Last Updated” date of the Agreement and sending you an email to the email address we have on file for you, or other notification to you through the Application when you log in, and we may require that you accept the modified Terms in order to continue to use the Application. Immaterial modifications are effective immediately upon publication, and material changes will be effective upon the earlier of (a) continued use of the Application with actual knowledge of the modification, or (b) fifteen (15) days following the change. However, modifications addressing new functions of the Application or modifications made for legal reasons will be effective immediately. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
- Accounts and Registration. To access most features of the Application you must register for an CN Deals & Coupons account. When you register for an account, you may be required to provide us with some information about yourself (such as your email address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You also agree to use one or more of the following multi-factor authentication methods in order to provide further security to your account: (i) email address, or (ii) such other method as may be offered by CN Deals & Coupons in its sole discretion. If you are accessing your CN Deals & Coupons account from a new device (or if you are logging in to your CN Deals & Coupons account for the first time), you must first log in using your username and password, then complete the multi-factor authentication process you have selected. Once you confirm your identity via the multi-factor authentication process, you will have full access to your CN Deals & Coupons account. You agree to accept responsibility for all activities that occur within and pursuant to your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately by contacting us using the contact information in this Agreement.
- Location Data. Some features of the Application enable us to tailor your experience in the Application based on your location. If you decline to provide location information, or if, in our judgment, we cannot verify your location, you may be unable to utilize some features of the Application.
- Prohibited Conduct. By using the Application, you agree not to:
- extract information from CN Deals & Coupons’ web or mobile applications for the purpose of using said information in conjunction with another Application, web or mobile application;
- make false or misleading claims about CN Deals & Coupons’ referral program or any other incentive program created by CN Deals & Coupons;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Application accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the Application, or perform any other similar fraudulent activity;
- infringe the copyright or other proprietary rights on the Application;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Application. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Application for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
- defame, harass, abuse, threaten or defraud users of the Application, or collect, or attempt to collect, personal information about users or third parties without their consent;
- use the Application, including CN Deals & Coupons’ Referral program, for any commercial purpose;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on the use of the Application;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Application or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage the operation of the Application or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Third-party Applications and Websites. CN Deals & Coupons may provide tools through the Application that enable you to export information to third-party Applications by linking your account on CN Deals & Coupons with an account on the third-party Application, such as Google or Facebook. By using these tools, you agree that we may transfer such information to the applicable third-party Application. Such third-party Applications are not under our control, and we are not responsible for the contents of the third-party Application or the use of your information by the third-party Application. The Application, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties Applications or websites.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Application, and ending when terminated as described in Section 11.
Termination of Use; Discontinuation and Modification of the Application. If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Application will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Application, and any accounts you may have in connection with the Application including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of CN Deals & Coupons or any third-party; or (ii) in connection with any general discontinuation of the Application. We also reserve the right to modify the Application at any time without notice to you. We will have no liability whatsoever on account of any change to the Application or any suspension or revocation of your access to or use of the Application, provided that if we terminate your access to the Application other than for your breach of these Terms, you may be entitled to have your Rewards distributed, as described in the Terms. You may terminate your account at any time by logging into your account settings or by emailing us at Carolynnichole27@gmail.com.
Effect of Termination. Upon termination of these Terms, you will no longer be authorized to access your account or the Application.
Ownership; Proprietary Rights. The Application is owned and operated by Carolyn-Nicole Consulting, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, Applications, and all other elements of the Application provided by CN Deals & Coupons (the "Materials") are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Application are the property of CN Deals & Coupons or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, Application marks, and trade names are proprietary to CN Deals & Coupons or its affiliates and/or third-party licensors. Except as expressly authorized by CN Deals & Coupons, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. CN Deals & Coupons reserves all rights to the Materials not expressly granted in the Terms.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Application, and you agree to defend, indemnify and hold harmless CN Deals & Coupons and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Application; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties.
THE APPLICATION IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. CN DEALS & COUPONS AND ITS OWNER ENTITY (“OWNER”) SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, APPLICATIONS, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE APPLICATION. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APPLICATION. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. OWNER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT OWNER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OWNER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR OTHER LOSS OR DAMAGE WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OWNER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION, OR (ii) ANY PURCHASE OF A THIRD-PARTY PRODUCT OR APPLICATION BASED ON INFORMATION CONTAINED IN THE CN DEALS & COUPONS APPLICATION, INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT OWNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, OWNER WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD-PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE APPLICATION. IN NO EVENT SHALL OWNER’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
ARBITRATION NOTICE. Except for certain kinds of disputes described in this Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CN DEALS & COUPONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.
- Exceptions. Notwithstanding subsection 18.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express (signature required), or in the event that we do not have a physical address on file for you, we may send notice to you by electronic mail ("Notice"). CN Deals & Coupons’ address for Notice is: 2095 HWY 211, Suite 2-F, Braselton, Georgia 305147. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the Notice is received, you or CN Deals & Coupons may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CN Deals & Coupons shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, CN Deals & Coupons shall pay you the greater of (i) the amount awarded by the arbitrator, if any, or (ii) the greatest amount offered by CN Deals & Coupons in settlement of the dispute prior to the arbitrator's award.
- No class actions. YOU AND CN DEALS & COUPONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CN Deals & Coupons agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that CN Deals & Coupons makes any future change to this arbitration provision (other than a change to CN Deals & Coupons’ address for Notice), you may reject any such change by sending us written notice within 30 days of the change to CN Deals & Coupons’ address for Notice, in which case your account with CN Deals & Coupons shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
- Enforceability If only Subsection 18.4 is found to be unenforceable or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any action arising out of or related to these Terms.
Governing Law; Venue. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia by Georgia residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and CN Deals & Coupons agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Georgia for the purpose of litigating all such claims or disputes. The Application is intended for visitors located within the United States. We make no representation that the Application is appropriate or available for use outside of the United States. Access to the Application from countries or territories or by individuals where such access is illegal is prohibited.
No Support. We are under no obligation to provide support for the Application. In instances where we may offer support, the support will be subject to published policies.
Contact Information. If you have any questions regarding CN Deals & Coupons, the Application, or the Terms please contact us using the following contact information:
Mailing Address: Carolyn-Nichole Consulting, LLC
2095 HWY 211
Braselton, Georgia 30517
Email Address: Support@cndealsandcoupons.com