Introduction and Acceptance of Terms
The Hopster.com service offers consumers a convenient way to interact with their favorite brands and organize all coupon savings in one destination. Hopster, Inc., ("we, us, our, Hopster.com, Hopster") has established the following terms and conditions (the "Agreement") for each customer ("you, your") which governs your use of the Hopster.com website. Terms of this Agreement apply whether you are just visiting the website (meaning you are simply browsing the website) or whether you are an Account holder (described below). By using the website, you acknowledge that you have read and understood this Agreement and that you agree to be bound by all of its terms. We may change this Agreement at any time by posting revisions to the website, and your continued use of the website indicates your acceptance of any revised terms.
Hopster.com Account Eligibility
In order to interact with brands, utilize promotional offerings, and participate in the social features available on Hopster.com, you must create a Hopster.com Account (the "Account"). Creating and maintaining an Account is free and there are no membership fees, but you must:
By logging into the website, you represent and warrant that: (a) you are the customer who registered for the services; (b) that you are using the services only for permitted purposes under this Agreement; and (c) you will immediately notify us of any unauthorized use of your password or Account or any other breach of security. We reserve the right, in our sole discretion, to reject any application for an Account and/or immediately cancel or suspend any existing Account at any time.
Hopster Account Holder Responsibilities and Prohibited Activities
As an Account holder, you are prohibited from:
As an Account holder, you are responsible for:
Hopster Account Termination
Your Account membership is subject to the terms and conditions in this Agreement. We reserve the right to terminate your Account, remove or edit content, and cancel any orders at any time for any failure to comply with these terms and conditions, any fraud or abuse, or any misrepresentation you make to us. Hopster also reserves the right to close any inactive Accounts. An Account is deemed inactive if you have not logged in for 18 consecutive months. Any accrued rewards in inactive Accounts will be returned to Hopster.com.
Account holders may terminate their Account at any time by sending an e-mail or other written notification to Hopster.com.
Hopster may change promotional offers through Hopster.com at any time without notice. Hopster makes no representation that offers are available for use in your location, and a reference to offers within Hopster.com does not imply that the offers will be available to you and/or in your location.
Product and Website Content
We have made every effort to display as accurately as possible the products and associated packaging and colors associated with such products on the Hopster.com site. However, we cannot guarantee that the product descriptions are accurate, complete, reliable, current, or error-free.
All content, including without limitation, any offer or coupon, grocery product, recipe, drug, and health information is provided on or through Hopster.com for informational purposes only, and should not be construed to indicate that any such content is endorsed by Hopster, 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. Hopster makes no representation or guarantee that the content is accurate, complete or timely, and reliance on any information within the content or provided on or through Hopster.com is solely at your own risk.
Contests and Sweepstakes
We may, from time to time, offer contests, sweepstakes, games or rewards programs on Hopster.com. Each of these activities may be governed by additional specific rules as posted and made available to you with the specific promotion.
Reviews and Social Features
Hopster Account holders may post reviews, comments, photos, and other content on the Hopster.com website ("Submission"). We reserve the right (but not the obligation) to remove or edit Submissions, but we do not regularly review posted content. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submissions.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this Agreement or cause injury to any person or entity. You agree to indemnify Hopster, Inc. against all claims and liabilities resulting from your Submission. Hopster takes no responsibility and assumes no liability for any Submissions made by you or any third party.
DISCLAIMER AND LIMITATION OF LIABILITY
THE HOPSTER.COM ACCOUNT, WEBSITE, AND RELATED SERVICES ARE BEING PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. HOPSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
HOPSTER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, TIMELINESS, OR ACCURACY OF ANY PROMOTIONAL OFFERS, DATA OR CONTENT PROVIDED AT THE HOPSTER WEBSITE. HOPSTER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SUPPLIERS AFFILIATED WITH THE HOPSTER.COM WEBSITE. HOPSTER DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO THE HOPSTER.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND HOPSTER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE HOPSTER.COM WEBSITE. THE HOPSTER WEBSITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. HOPSTER IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. HOPSTER EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. HOPSTER MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY HOPSTER. HOPSTER DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
IN NO EVENT SHALL HOPSTER BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF THE HOPSTER.COM WEBSITE OR ACCOUNT, ANY ACT OR OMISSION BY HOPSTER IN ADMINISTERING THE WEBSITE OR YOUR ACCOUNT, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES THROUGH THE HOPSTER.COM WEBSITE, EVEN IF HOPSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD HOPSTER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE HOPSTER.COM WEBSITE OR ACCOUNT.
You agree that you are only authorized to visit, view and retain a copy of pages of the website for your own personal and informational use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, information, software, products and services included in or available through the website for any purpose other than for your personal, non-commercial use, unless otherwise specifically authorized by Hopster to do so.
You acknowledge that the Hopster.com website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You acknowledge that all such Content is proprietary to Hopster and/or our suppliers. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
When you visit Hopster.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Hopster.com service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
All matters relating to your access to, and use of, the website or any services provided by Hopster shall be governed by U.S. federal law or the laws of state of Wisconsin. Any legal action or proceeding relating to your access to, or use of, the website shall be instituted in a state or federal court in Dane County, Wisconsin. You and Hopster agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, you can provide us with notice that contains the following information:
Designated Agent for Notification of Claimed Copyright Infringement
1600 Aspen Commons, Floor 9
Middleton, WI 53562
By phone: 1-855-HOPSTER (467-7837)