Terms of UseTerms of Use Agreement
Read this Terms of Use Agreement before accessing this web site. This is a legally binding agreement between you (the "User" or "you") and FSD Services, LLC, a Washington limited liability company ("FSD SERVICES, LLC", “freestudentdiscounts.com”, or "we").
Effective Date: This Terms of Use Agreement was last updated on June 12, 2008.
This Terms of Use Agreement sets forth the standards of use of the www.freestudentdiscounts.com online service. By using the www.freestudentdiscounts.com web site you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.freestudentdiscounts.com web site. Your continued use of the service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service FSD SERVICES, LLC is providing User with an online resource for searching a nationwide database of student discounts. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties The site is provided by FSD SERVICES, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, FSD SERVICES, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. FSD SERVICES, LLC shall have no liability for any interruptions in the use of this web site. FSD SERVICES, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable.
3. Limitation of Liability FSD SERVICES, LLC SHALL NOT be liable for any damages whatsoever, and in particular FSD SERVICES, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if FSD SERVICES, LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. Indemnification User agrees to indemnify and hold FSD SERVICES, LLC, its parents, subsidiaries, affiliates, officers, managers, members, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service FSD SERVICES, LLC reserves the right to modify or discontinue the Service with or without notice to the User. FSD SERVICES, LLC shall not be liable to User or any third party should FSD SERVICES, LLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that FSD SERVICES, LLC does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Discounts Discounts and other information have either been provided by the Merchants or collected from publicly available sources. While FSD SERVICES, LLC makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website.
8. Disclaimer Regarding Information Provided by Users You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or otherwise make available via the Service. You understand that FSD SERVICES, LLC does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You acknowledge that FSD SERVICES, LLC does not pre-screen or approve Content, but that FSD SERVICES, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree not to use the Service to transmit any Content that contains pornography, infringes upon a copyright, or violates applicable state, federal, or international laws, regulations or other government requirements.
FSD SERVICES, LLC can make no representations or warranties as to the accuracy or reliability of any information provided on this web site. FSD SERVICES, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any user who posts content on the web site, and you acknowledge that any reliance on representations and warranties provided by any user shall be at your own risk.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that FSD SERVICES, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FSD SERVICES, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FSD SERVICES, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 9. Governing Jurisdiction of the Courts Our web site is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
10. Compliance with Laws User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright 2008 FSD SERVICES, LLC, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FSD SERVICES, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FSD SERVICES, LLC.
Freestudentdiscounts.comTM is a proprietary mark of FSD SERVICES, LLC. FSD SERVICES, LLC's trademarks may not be used in connection with any product or service that is not provided by FSD SERVICES, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FSD SERVICES, LLC, and in no event without the prior written permission of an authorized officer of FSD SERVICES, LLC. All other trademarks displayed on FSD SERVICES, LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with FSD SERVICES, LLC. 12. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FSD SERVICES, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email (Recommended for Fastest Response): webmaster@freestudentdiscounts.com 13. Botnets FSD SERVICES, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FSD SERVICES, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14.www.freestudentdiscounts.com is Not Intended for Minors www.freestudentdiscounts.com is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If we receives a complaint which states that a user of www.freestudentdiscounts.com is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 ("COPPA").
15. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FSD SERVICES, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. |
