Terms and Conditions

Frooji Terms of Use

Please read these terms of use carefully before using the site (as defined below). The site is for your private and non-commercial use only. You may not sell, auction, alter, duplicate, transfer, distribute or otherwise use the site (including but not limited to coupons and offers) in a commercial manner. By using the site, you agree to these terms of use.

The Site is provided by Frooji. Together with its subsidiaries (collectively, “Frooji”). The “Site” includes, without limitation: (a) all websites, subdomains, microsites, and mobile applications owned or managed directly by Frooji (including designated portions of third party websites and applications that link to or refer to these Terms of Use); (b) all Frooji’s services offered on or through such sites (“Services”); (c) all software offerings and applications owned by Frooji and made available on or through the Site or authorized digital distribution platforms (“Software”); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Site .

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. Frooji reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of use, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to all such changes.

  1. Privacy

Frooji considers protecting the privacy of your personal data very important, and has developed a Privacy Policy describing Frooji’s data collection policies and practices. These Terms of Use includes the Privacy Policy. You agree that Frooji’s Privacy Policy is applicable to your use of the Site.

  1. Children

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

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

2.2 Use of the Site

You agree to comply with the terms and conditions associated with any offers, coupons, coupon codes, and other promotions available on or through the Site. You also agree you will not engage in any fraudulent, deceptive or otherwise improper actions when using the Site. If you print coupons using any of our print technologies, you agree that we may install or store certain authentication and print control technologies on your devices. You agree not to interfere with or circumvent such residual technologies and you agree to comply with print limits and only print coupons for your own personal and non-commercial use. Frooji reserves the right to suspend or disable your printing ability in the event of suspicious activity or violation of these Terms of Use or any other applicable terms and conditions.

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.

  1. Additional Responsibilities

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Frooji has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use, Frooji has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).

3.1. Use of Software

Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site or any other authorized digital distribution platform, and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software, including but not limited to any authentication and print control technologies, or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.

3.2. Services

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.

3.3. Content

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 Frooji.com, 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.

3.8 Feedback

All comments or materials submitted by you to Frooji through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Frooji on a non-confidential and unrestricted basis. Further, Frooji shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. Frooji may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.

4.0 Ownership

The Site contains copyrighted material, trademarks, service marks, and other proprietary information and the Content is protected by copyright, trademark, and other intellectual property laws. Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of Frooji and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any Frooji name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without Frooji’s express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Frooji. Notwithstanding the foregoing, Frooji may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Pinterest, Google+, or Facebook.

  1. Syncing

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:

Copyright Agent

Frooji.com Legal Department

 

Email Address: admin@frooji.com

 

  • Please note that this procedure is exclusively for notifying Frooji that your copyrighted material has been infringed.

6.1 Arbitration

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.

  1. 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FROOJI OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. FROOJI SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

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.

6.4 Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE, SO THAT THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.

6.5 Indemnity

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.

6.6 Termination

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.

  1. $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.
  2. $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).
  3. $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).
  4. $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).
  5. Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in or serving Round Rock, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use. You and Frooji each agree to waive any right to a jury trial.

You and Frooji each agree that any claim or dispute against the other party in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. Any claim or cause of action You may have arising out of or relating to these Terms of User or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

The parties specifically exclude from application to these Terms of Use the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms of Use shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.

  1. 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.

  1. General

These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by Frooji of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between Frooji and you regarding the subject matter set forth herein and supersede all prior agreements and representations between Frooji and you.

  1. Comments or Questions
    If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.