Effective Date: February 27, 2012.

Welcome to the Coolsavings Web site (hereinafter the “Site”), operated by Q Interactive, Inc. (“Company”). The following terms and conditions, the Privacy Policy and any other policies, notices, rules or guidelines posted on the Site shall govern your use of the Site and your participation in the Program. Because this terms and conditions document (the “Terms and Conditions”) constitutes a legal agreement between you and the Company, please read them carefully. Capitalized terms not defined in the text are defined in the section entitled “Definitions” at the end of these Terms and Conditions.

1. YOUR AGREEMENT

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. You also agree to comply with any guidelines or rules posted on the Site, and all such guidelines and rules are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or the Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site and to cancel your participation in the Program.

PLEASE NOTE:We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective on the earlier of (i) the date such amendment was posted to the Site, or (ii) at the earliest date permitted under applicable law (the “Effective Date”). Please review these Terms and Conditions regularly. Your continued use of the Site or the Program following the Effective Date of any amendment will constitute your acceptance of the amended Terms and Conditions. For your information, this page was last updated as of the date set forth at the top of these Terms and Conditions.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices relating to the collection and use of personal information.

3. TERMINATION/CANCELLATION OF ACCOUNTS

Company may, at its sole discretion, terminate any account without prior notice for:

If your account is terminated by Company, you may not re-enroll or join under a new account without Company’s prior written authorization.

4. COOLDEAL VOURCHER TERMS

The following terms and conditions apply to all offers ("Vouchers") purchased through Coolsavings, LLC ("Coolsavings"), except as otherwise specified on any particular Voucher and except as otherwise required by law. All persons accepting, purchasing, printing, using or attempting to use any Voucher (each, a "Purchaser") agree to these voucher terms and conditions.

All Vouchers are issued by the participating Merchant through Coolsavings as the marketing agent for the Merchant. The Merchant is the holder and issuer of the Voucher and under no circumstances shall Coolsavings be deemed the holder, issuer or seller of the Voucher. The law applicable to the Voucher shall be the law of the state where the Merchant interaction with the Purchaser occurs. As the holder and issuer of the Voucher, the Merchant is solely responsible for the value and redemption of the Voucher and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Purchaser and the compliance with all laws, including, without limitation, unclaimed property and escheatment laws relating to the Vouchers.

The Vouchers are coupons that provide a discount price from the actual value of the Merchant’s products or services. The discount is available until the expiration date stated on the face of the Voucher. After the Voucher has expired, the Voucher may not be redeemed, nor does the Voucher have any value, unless as required by law or allowed by the Merchant, the Voucher may be redeemed by the Merchant for goods or services of the Merchant in the amount originally paid by the Purchaser to Coolsavings and as otherwise set forth on the Voucher. For example, a Voucher purchased for a particular service of the Merchant at the discounted price of $20 (actual value price of $40) with an expiration date on the discount of six months from a specified date, may be used for the particular service for six months from such specified date; and then if and to the extent required by applicable law, thereafter, the Purchaser may use the $20 value of the Voucher to purchase other goods and services of the Merchant as set forth on the Voucher. Notwithstanding the foregoing, for Vouchers that are redeemable for specific ticketed events, once the event date passes the Voucher expires as having no value. Purchaser's acceptance of any redemption of a Voucher constitutes an acceptance of the redemption and a waiver of any claims associated with the Voucher. The Voucher may not be redeemed for products or services other than those specified on the Voucher or as otherwise specifically permitted by this paragraph and may not be used to pay account balances or for products or services purchased from the Merchant prior to the purchase of the Voucher.

Vouchers are not transferable without notice to and acceptance of Coolsavings or the Merchant unless such resale is permitted pursuant to applicable law. No resale of Vouchers is permitted unless such resale is permitted pursuant to applicable law. Vouchers are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If cash redemption is required by applicable law, the Purchaser will only be entitled to cash redemption based on the amount paid by the Purchaser to Coolsavings for the Voucher, not the full value of the Voucher. Vouchers may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to the Merchant except as required by applicable law. Limit one Voucher per person per visit or purchase. Neither Coolsavings nor the Merchant is responsible for lost or stolen Vouchers. If a Purchaser loses their Voucher, the Purchaser should visit the Coolsavings’ website to reprint their certificate. The Merchant will accept the first Voucher presented with the unique number printed on the Voucher. Vouchers should be treated as if the Voucher was cash. Vouchers are subject to all limitations stated on the Voucher or by the Merchant. The issuance of any credits for the Vouchers are at the sole discretion of the Merchant except as required by applicable law. All restaurant Vouchers are valid for dine in only unless otherwise stated on the Voucher. Vouchers may not be used for alcohol, prior balances, shipping or handling, tips or gratuities or other fees except as expressly provided on the Voucher or as allowed by the Merchant and as permitted by applicable law. Unless otherwise stated on the Voucher or disclosed in connection with the purchase of the Voucher by Purchaser, the Voucher price does not include sales, value added or use taxes, which may be charged to the Purchaser separately by the Merchant at the time the Purchaser redeems the Voucher. Any attempted redemption of a Voucher in violation of these terms and conditions will render the Voucher void.

Each Purchaser hereby knowingly waives and releases Coolsavings and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the Merchant in connection with the Voucher, the provision of the services and products relating to the Voucher, and compliance by the Merchant with applicable law, including, without limitation, unclaimed property and escheatment laws. Coolsavings' sole role is as the marketing agent for the Merchant, and the applicability and compliance with any relevant law relating to any Voucher is solely determined by and complied with by the Merchant. In the event of a conflict between these terms and conditions and the actual Voucher, the Voucher itself will control. All purchases of Vouchers and other interactions with Coolsavings are subject to our Privacy Policy

5. OTHER APPLICABLE TERMS AND CONDITIONS

In addition to the provisions of Sections 1 through 3 above, the following terms and conditions apply to your use of the Site and participation in the Program:

  1. You are responsible for maintaining the confidentiality of your Member Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Account.
  2. By establishing an account to participate in the Program, you are giving your consent to receive by email promotions or newsletters from the Company, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these communications, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from , click here. Please note that exercising an opt-out mechanism only applies to emails from and not from third party advertisers.
  3. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via the Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law, and in equity.
  4. You may be transferred to online merchants or other third party websites through links or frames contained on the Site. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your information. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such websites by the Company and any association with its operators is provided solely for your convenience. You agree that Company has no liability whatsoever in connection with such third party websites and your usage thereof.
  5. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO RETURNS OR EXCHANGES WILL BE ACCEPTED.
  6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION AS A RESULT OF TYPOGRAPHICAL, SYSTEM,HUMAN ERRORS AND FAILURES, FAULTY TRANSMISSIONS, TECHNICAL PROBLEMS AND MALFUNCTION(S), ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, OR THE USE OR INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTELLECTUAL PROPERTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT OF $1,000.
  7. This Agreement shall be treated as though it were executed and performed in Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Cook County, Illinois, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties. To the extent that anything contained in this Agreement contradicts or is in any way inconsistent with the Privacy Policy, the Privacy Policy shall control in all respects. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

    8. CALIFORNIA USER CONSUMER RIGHTS

    In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov

    CONTACTING US. If you have questions about the Service or this Agreement, please contact us by any method set forth on our “contact us” page.