TERMS AND CONDITIONS OF USE
1. Conditions of Use
These Conditions of Use govern your access to and use of this site, so please read them carefully. By accessing and using this site, you agree to comply with and be bound by these Conditions of Use. If you do not agree to comply with and be bound by these Conditions of Use, do NOT access or use this site.
ZapHour, LLC (“ZapHour”) reserves the right to change these Conditions of Use at any time in its sole discretion. Upon making any changes to these Conditions of Use, ZapHour will conspicuously post on this site the fact that changes to these Conditions of Use have been made. Unless a later date is indicated, any changes will be effective when ZapHour posts the changes on this site. Your continued use of this site following the effective time of any changes constitutes your acceptance of the changes.
ZapHour encourages you to review these Conditions of Use frequently. If you have any questions or comments regarding these Conditions of Use, please contact us at info@zaphour.com .
These Conditions of Use do not alter in any way the terms or conditions of any other agreement you may have with ZapHour for other products or services.
2. Your License to Use This Site
ZapHour grants you a limited, revocable, nonexclusive license to use this site, subject to the terms and conditions of these Conditions of Use.
You may not use this site for illegal, fraudulent, abusive, or otherwise improper purposes, or in any manner that otherwise breaches any other provision of these Conditions of Use. You may use any content or coupons that are accessible on or through this site only for your own personal end use, and for no other purposes. You may not resell or otherwise re-market any coupon that you obtain from this site.
ZapHour may immediately terminate your license to use this site if your use of this site breaches any provision of these Conditions of Use.
3. Trademarks and Trade Dress
The ZAPHOUR name, the ZAPHOUR logo, and certain elements of this site, including but not limited to the page headers, designs, and graphics on this site and the general “look and feel” of this site are either trademarks, service marks, or the trade dress of ZapHour, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of ZapHour. Any other trademarks or service marks referenced on this site are the property of their respective owners.
4. Site Availability
ZapHour will make reasonable efforts to keep this site continuously available. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and ZapHour will not be responsible for the non-availability of this site. ZapHour reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of this site at any time.
5. Privacy Policy
ZapHour’s Privacy Policy is incorporated by reference into these Conditions of Use.
6. User-Generated Content
This Section 6 applies to any user-generated content (“User-Generated Content”) that you submit to ZapHour or that you post on this site.
You acknowledge and agree as follows:
● you are fully responsible for any User-Generated Content that you submit to ZapHour or post to this site;
● you will not submit or post any User-Generated Content: (i) that is defamatory, obscene, or abusive; (ii) that infringes or violates the copyrights, proprietary rights, publicity rights, privacy rights, or other rights of any person; (iii) that violates or encourages the violation of any applicable law, rule, or regulation; or (iv) that is otherwise inappropriate;
● ZapHour may, in its sole discretion, reject or remove any User-Generated Content submitted or posted by you, for any reason or for no reason; and
● ZapHour may, in its sole discretion, revoke your privilege to submit or post User-Generated Content.
You will defend and indemnify ZapHour and each present and future member, manager, officer, and employee of ZapHour for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown, including but not limited to reasonable attorney’s fees, resulting from or arising out of any User-Generated Content that you submit to ZapHour or post to this site.
7. Copyrights
A. Site
All copyrights in the materials on or underlying this site, including but not limited to the text, designs, and graphics on this site, the selection and arrangement of this site, and the software underlying this site (but excluding any User-Generated Content) are owned by ZapHour and are protected by applicable copyright laws.
B. Coupons
If you are a third-party merchant that submits or posts a coupon to ZapHour or this site, you will retain any and all copyrights in the coupon that you own at the time you submitted or posted the coupon, subject only to the following:
● you grant to ZapHour a royalty-free, transferable, nonexclusive right and license to post your coupon to this site; and
● you grant to each other user of this site a right and license to use your coupon for the other user’s own personal end use, and for no other purposes.
C. User-Generated Content (Other Than Coupons)
If you submit or post User-Generated Content (other than coupons) to ZapHour or this site, including but not limited to any comments, submissions, messages, suggestions, ideas, and other information (but excluding your personally identifiable information), you grant to ZapHour a royalty-free, perpetual, irrevocable, transferable, nonexclusive right and license to reproduce, prepare derivative works based on, distribute, perform, display, and otherwise use without restriction such User-Generated Content.
8. Your Release and Indemnification of ZapHour
You agree to release, defend, and indemnify ZapHour and each present and future member, manager, officer, and employee of ZapHour for, from, and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, including but not limited to reasonable attorney’s fees, whether known or unknown, resulting from or arising out of: (i) your use of this site; (ii) your breach of any provision of these Conditions of Use; or (iii) your violation of any law.
9. Links to this Site
ZapHour grants you a limited nonexclusive right to create a hyperlink to this site from your website. ZapHour reserves the right to terminate this right at any time in its sole discretion.
You may not use the ZAPHOUR logo or any other trademark of ZapHour without the prior written consent of ZapHour.
10. Links and References to Others
A hyperlink from this site to any other website does not state or imply the existence of a relationship between ZapHour and the owner or operator of the other website, or any endorsement or recommendation of the owner or operator. ZapHour does not maintain and is not responsible for the content of any other website.
Any reference on this site to any specific company, product, or service by tradename, trademark, or otherwise does not state or imply any endorsement or recommendation of the company, product, or service by ZapHour.
11. Merchant Coupons
You acknowledge that this site is only a forum by which third-party merchants (“Third-Party Merchants”) offer coupons to potential customers. You further acknowledge that: (i) ZapHour is not responsible for honoring or guaranteeing any coupon or other offer made by any Third-Party Merchant on this site; and (ii) ZapHour is not responsible for examining or evaluating the businesses, products, services, or coupons of Third-Party Merchants. ZapHour expressly disclaims any responsibility or liability for the actions, products, services, coupons, or offers of any Third-Party Merchant.
12. Disclaimer of Warranties
This site is provided on an “AS IS” and "AS AVAILABLE" basis. ZapHour expressly disclaims all warranties with respect to this site, express and implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. ZapHour expressly disclaims any responsibility for the accuracy or reliability of any User-Generated Content.
ZapHour does not represent or warrant that this site will always be available, or that this site or its servers are free of viruses or other harmful components. ZapHour reserves the right to change this site at any time in its sole discretion.
This site is controlled and operated within the United States of America. ZapHour does not represent or warrant that this site is appropriate for use outside of the United States. If you access this site outside the United States of America, you are solely responsible for complying with all applicable laws, rules, and regulations.
13. Limitation of Liability
ZapHour’s aggregate monetary liability to you for any reason and for any and all causes of action, whether in contract, tort, or otherwise, will not exceed the greater of: (i) amount that you have paid to ZapHour to access and use this site during the 12-month period before the cause of action accrued; and (ii) $10. ZapHour will not be liable to you under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if ZapHour has been advised of the possibility of such damages. Your ability to access and use this site at no cost and for ZapHour’s obligations under these Conditions of Use are consideration for limiting ZapHour’s liability to you.
14. Limitation of Actions and Suits
You may not commence any action, suit, or proceeding against ZapHour, whether in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within 12 months after the cause of action accrues. You release ZapHour from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown, resulting from or arising out of any cause of action you may have against ZapHour if you do not commence an action, suit, or proceeding against ZapHour within 12 months after the cause of action accrued.
15. Survival
All provisions of these Conditions of Use that would reasonably be expected to survive the termination of this site will do so.
16. No Agency Relationship
These Conditions of Use do not create an agency relationship between ZapHour and you, and do not establish a joint venture or partnership between ZapHour and you.
17. No Assignment
You may not assign or delegate any of your rights or obligations under these Conditions of Use to any person without the prior written consent of ZapHour, which ZapHour may withhold in its sole discretion.
18. General Notices
ZapHour may notify you by posting notices on this site or by personally notifying you. General notices to ZapHour should be emailed to info@zaphour.com .
19. Waiver
No waiver will be binding on ZapHour unless it is in writing and signed by ZapHour, or unless ZapHour posts the waiver on this site. ZapHour’s waiver of a breach of a provision of these Conditions of Use will not be a waiver of any other provision or a waiver of a subsequent breach of the same provision.
20. Severability
If a provision of these Conditions of Use is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Conditions of Use will not be impaired.
21. Governing Law
These Conditions of Use will be governed by the laws of the State of Oregon, without giving effect to any conflict-of-law principle of any jurisdiction.
22. Venue
Any action, suit, or proceeding arising out of the subject matter of these Conditions of Use or your use of this site will be litigated in courts located in Multnomah County, Oregon. You consent and submit to the jurisdiction of any local, state, or federal court located in Multnomah County, Oregon.
23. Entire Agreement
These Conditions of Use contain the entire understanding between ZapHour and you regarding the subject matter of these Conditions of Use and supersede all prior and contemporaneous negotiations and agreements, whether written or oral, between ZapHour and you with respect to the subject matter of these Conditions of Use.
Last updated: 7/30/2010
