This Site is not intended for children. If you are under 13 years of age, please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Frooji.
2.1. Other Terms
2.2 Use of the Site
Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Site, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Frooji immediately of any unauthorized use of your password(s) or account(s). You agree that Frooji will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by Frooji or another due to someone else using your account or password. You may not use anyone else’s account at any time.
You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Frooji networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Frooji networks or systems, or to interfere or attempt to interfere with any Frooji networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Frooji, networks or systems.
- Additional Responsibilities
3.1. Use of Software
Frooji may change the Services offered on or through the Site at any time without notice. Frooji makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Frooji, nor is there any representation or warranty by Frooji that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
3.4. Code of Conduct for Users
All users are expected and required to follow and adhere to the following code of conduct at all times when visiting our Site or otherwise using any services we offer.
Some promotional items require a maximum item-per-buyer limitation of one;
- Raise holds the right to limit any quantities or complete any transactions, or cancel any transactions as necessary.
- Prices on the Site are considered promotional prices.
- Sellers may not list a gift card for more than its face value.
- Frooji is not permitted to discount brands or items any further than they are already discounted.
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or as a gift for another;
- You must supervise the use of your account, and ensure the safekeeping of your password; and
- Your account is your responsibility, and it is for you alone to use-the use of your account by a member of your family or friends with or without your acknowledgement is strictly prohibited.
3.5 Prohibited Uses
We expect you to use Frooji for its intended function and in conformity with this Agreement.
It is strictly prohibited to sell or offer for sale any property and/or Products that are not owned by the seller or that the seller does not have the absolute legal right to sell. Any criminal act, any act of fraud, and any intention or attempt to commit a criminal act or fraud is strictly prohibited. Any claims of criminal acts, fraud or misconduct, or intention to commit a criminal act, fraud or other misconduct, will be subject to investigation and may lead to the notification of appropriate law enforcement agencies. Criminal and/or fraudulent activities include, but are not limited to, the following with regard to any Products sold to Frooji, its affiliates, or to any of their members, users, and/or guests: (i) use of a Product after sale or in a manner that diminishes the value represented and (ii) sale of a Product to multiple parties.
Furthermore, all of the following are strictly prohibited:
- Any use of Frooji other than its intended function.
- Any use of Frooji that could damage, disable, overburden, or impair our Site or any service we offer.
- Any use of Frooji that could interfere with any other party’s use and enjoyment of Frooji services.
- Any use of Frooji’s copyrights, patents, trademark, and legal rights without the express written consent of Frooji.
- Any attempt to gain unauthorized access to any member’s personal information, personal profile, or personal User Account.
- Any attempt to gain unauthorized access to , including but not limited to Frooji’s accounts, computer systems and/or networks systems, through any means, including use of a proxy server.
- Any violation of the restrictions in any robot exclusion headers on this Site or any bypassing or circumventing of other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure as determined in our sole discretion.
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Frooji, our Merchants or our services; or
- Hyper linking to the Site from any other website without our initial and ongoing consent.
- Interfering with Frooji’s and/or its Site’s operations through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your identity for causes needed to secure the authenticity of your profile, and/or to remove yourself from any illegitimate acts or intentions.
3.6. Prohibited Conduct
Frooji hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Frooji solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following: (a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Services; (g) violating or attempting to violate any security features of the Services; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Frooji; (l) tampering with the operation, functionality, or the security of the Services; (m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of Frooji or the Merchants promoted via the Services; (w) hyperlinking to the Services from any other website without our initial and ongoing consent; (x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Frooji; (y) reselling or repurposing your access to the Services or any purchases made through the Services; or (z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Frooji to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Frooji, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
3.7 Third Party Content
As a convenience to users, the Site contains links to third-party web sites (“Third Party Sites”). You understand and agree that Frooji makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.
If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that Frooji capture, collect, transmit, store, and use such content and/or data.
6. Notice and Procedure for Making Claims of Copyright Infringement
Frooji respects the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and you believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Frooji’s Copyright Agent with the following information in writing (pursuant to 17 U.S.C. 512(c)(3)):
- A 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 email 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; and
- 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.
Frooji’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Email Address: firstname.lastname@example.org
- Please note that this procedure is exclusively for notifying Frooji that your copyrighted material has been infringed.
We will make every reasonable effort to resolve any disagreements that you have with Frooji. If those efforts fail, by using this site you agree that any claim, dispute, or controversy you may have against Frooji arising out of, relating to, or connected in any way with this Agreement, this site, or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Frooji; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Frooji’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Frooji will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Frooji shall be entitled to arbitrate their dispute.
- 2 Disclaimer
THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FROOJI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, FROOJI MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. FROOJI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.3 Limitation of Liability
IN NO EVENT SHALL FROOJI AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF FROOJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF FROOJI AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
You agree to defend, indemnify and hold Frooji and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
Frooji has the right, but not the obligation, to monitor any activity on the Site. Frooji may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
6.7 Liquidated Damages Schedule for Violations of Section 3.6(d)-(z)
For purposes of this schedule of liquidated damages, “Item of Content” means each and every offer coupon, rebate, deal, discount, etc. of any type featured on the Frooji website by Frooji or any user (or any other third party in any manner). Each single coupon, rebate, deal, discount, etc. that is featured on the Frooji website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time Frooji’s servers are accessed in connection with or in facilitation of a violation of Section 3.6(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Frooji’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct. For each violation of Section 3.6(d)-(z), you agree to pay liquidated damages to Frooji in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
- $50 Per Item of Content Copied in Violation of Section 3.6 in Violation of Section 3.6(h) or (k) You agree to pay $50 per violation for each Item of Content accessed or obtained via Frooji (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site of Frooji or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Frooji.
- $100 Per Instance of Unauthorized Conduct in Violation of Section 3.6(d)-(e) You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity as set forth in Section 3.6(d)-(e).
- $1,000 Per Instance of Unauthorized Conduct in Violation of Section 3.6(f)-(g) You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services as set forth in Section 3.6(f)-(g).
- $10,000 Per Instance of Unauthorized Conduct in Violation of Section 3.6(h)-(z) You agree to pay $10,000 for each (1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Frooji; (5) Act of tampering with the operation, functionality, or the security of the Services; (6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (9) Act of harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (10) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (11) Act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (12) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (13) Act of deep-linking to any portion of this Services without our express written permission; (14) Act of acting illegally or maliciously against the business interests or reputation of Frooji or the Merchants promoted via the Services; (15) Act of hyperlinking to the Services from any other website without our initial and ongoing consent; (16) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Frooji; (17) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or (18) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Frooji to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Frooji, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 3.6 (f)-(z).
- Governing Law; Dispute Resolution
- Compliance with Laws
You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.
- Comments or Questions