Terms of Use

Terms of Service(Including Voucher Sales and Redemption Terms)

Welcome to http://www.Uscoop.com ("Uscoop.com"), a website owned and operated by Uscoop, Inc. ("Uscoop", "we" or "us"). Uscoop.com is an online consumer club and lifestyle site that connects education only customers (".edu's") and merchants. Uscoop provides advertisements of special offers and promotions on goods and services, as well as additional information on discounts, prices and availability thereof (collectively, the "Services"). The following terms and conditions (the "Terms of Service") form a binding agreement between you and us, and govern your use of Uscoop.com, the Services and any Voucher (defined below) purchases ("Orders") that you make.

PLEASE READ THESE TERMS OF SERVICE (INCLUDING VOUCHER SALES AND REDEMPTION TERMS) CAREFULLY. BY USING USCOOP.COM, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS LISTED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE USCOOP.COM OR ORDER VOUCHERS.

Voucher Sales and Redemption. Uscoop offers .edu's the opportunity to purchase vouchers (each, a "Voucher") that will enable them to buy goods or services from an offering merchant (each, a "Merchant"). .edu's pay a non-refundable fixed amount (the "Purchase Price") for such Voucher. All offers and promotions are offered by the Merchant, not Uscoop. Although some information has been compiled by Uscoop from .edu's, the Merchant sites and materials are provided directly by the Merchants. Uscoop is not responsible for, and does not guarantee the performance of, any Vouchers, goods or services sold on or through Uscoop.com. Uscoop is not involved in the transaction between you and Merchants, nor does it control whether Merchants honor the promotions, special offers, discounts, prices or other information listed on Uscoop.com. Uscoop merely acts as the venue and conduit for this purchase: it is the .edu who buys, and the Merchant who sells, the Voucher. The following rules apply to such transactions, except as prohibited by law.

The Voucher or Voucher offer will describe: the types of goods and/or services that may be purchased with the Voucher and any restrictions (e.g., a restaurant Voucher may not be able to be applied to alcohol, sales tax or tip, or may be used only for in-restaurant dining); the number of times it may be used; and the deadline for use ("Expiration Date"). It is at the Merchant's discretion whether Vouchers can be combined with other promotions, offers or coupons. Merchants may impose additional rules and restrictions on any given Voucher. It is critical that you read the terms of the Merchant's offer and any associated information to understand the redemption rules for a particular Voucher.

Neither Uscoop nor any Merchant is responsible for, or must reimburse the value of, lost, stolen or damaged Vouchers. Vouchers may not be sold or transferred (unless permitted by the Merchant); nor may they be copied or modified. We require our Merchants to honor the Vouchers to the extent and for the period required by law. HOWEVER, USCOOP HAS NO LIABILITY TO YOU FOR A MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW OR THE RULES OF REDEMPTION. We will, however, make reasonable efforts to assist .edu's whose Merchants are not comply with such laws or rules. Again, Uscoop is not the Merchant or sales agent and has none of the Merchant's redemption or other obligations.

To buy a Voucher, you will need to provide Uscoop with the information necessary to process your purchase. By submitting such information to us, you authorize us to charge your credit card at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.

.edu Responsibilities. You can become a member of Uscoop by having an email that ends in .edu and providing your name and email address and selecting a password (creating an "Account"). It is your responsibility to evaluate the accuracy, completeness or usefulness of any offer, promotion or other information available through Uscoop. You are responsible for confirming with the Merchant any information you received through Uscoop before you purchase any Vouchers, goods or services. You are responsible for reading and understanding any additional terms relating to the Vouchers. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on Uscoop.com by anyone other than authorized Uscoop personnel acting in official capacities. If you use the Services or information made available through Uscoop.com or the Services, you must use your own judgment in completing the sale or other transaction. You are also responsible for complying with all applicable laws.

You represent and warrant that all information supplied to Uscoop, including name and email address, is accurate, current, and personal to you. You agree that you shall not use Uscoop on behalf of yourself or any other person or entity nor allow any other person or entity to use or gain access to Uscoop's services through your Account for any purpose other than your personal use. If someone accesses Uscoop.com or our Services using your log-in information, we will rely on that information and will assume that it is really you or your representative who is accessing Uscoop.com or the Services. You are solely responsible for any and all activities that occur under or in connection with your Account. You further agree not to use Uscoop's services to conduct any non-personal or commercial competitive analysis of services or products offered by Merchants.

You agree to be responsible for any act or omission of any users that access Uscoop.com or the Services under your Account that, if undertaken by you, would be deemed a violation of these Terms of Service. In no event and under no circumstances will Uscoop be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Uscoop under this provision; (ii) any compromise of the confidentiality of your Account or password; and (iii) any unauthorized access to your Account or use of your password. Please notify us immediately if you become aware that your Account is being used without authorization.

Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of Uscoop.com and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account.
You agree that we, in our sole discretion, may immediately terminate your access to Uscoop.com and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.

Uscoop Bucks. Occasionally Uscoop runs a Referral Uscoop Bucks program ("Uscoop Bucks"). Uscoop Bucks are issued when an existing Uscoop member refers a new, unique third party who creates an account on Uscoop.com and that person then makes their first purchase within 30 days ("Referral"). Uscoop Bucks will only be awarded for members using the Uscoop share tools designed to track Referrals and Uscoop Bucks. The Referral must use the referring member's unique and identifiable share link in order for the referrer to be eligible for Uscoop Bucks. You may not participate in a Uscoop Bucks where doing so would be prohibited by any applicable law or regulations. There is no limit to how many friends you can refer − the more, the better. That being said, you agree not to send email invitations to join Uscoop.com to people who do not know you or who are unlikely to recognize you as a known contact. All information collected from you in Uscoop Bucks shall be subject to the Uscoop Privacy Policy.

We reserve the right to modify or amend at any time these guidelines and the methods through which Referrals are made and Uscoop Bucks are earned on a going-forward basis. We reserve the right to disqualify you at any time from participation in a referral program if you do not comply with any of these guidelines.

Uscoop Bucks are non-transferrable and are not redeemable for cash. Not all Vouchers are eligible for purchase with Uscoop Bucks. Uscoop Bucks are applied automatically at checkout, if available, up to the full amount of the Voucher. Any remaining balance can be used for future purchases.

Privacy: We know that your privacy is important. For this reason, we have created a privacy policy [http://www.theuscoop.com/privacy] that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that Uscoop.com and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.

Facebook: In using certain Services, you authorize us to act on your behalf to access and interact with Facebook to retrieve information from, and submit information to, Facebook at your request. We will not collect your username and password to Facebook, and we will instead store the unique authorization code (or a "token") provided to us by Facebook to access it on your behalf. You can revoke our access to Facebook at any time by amending the appropriate settings from within your account settings on Facebook. You should note that Facebook may change or amend its guidelines and our access to Facebook at any time, and we cannot guarantee that our Services will always include a connection to Facebook.

Linked Websites. Uscoop.com contains links to other websites that are not operated by Uscoop. USCOOP DOES NOT CONTROL THESE WEBSITES AND DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR THE CONTENT OR SERVICES AVAILABLE ON THE LINKED WEBSITES. The existence of such links shall not be construed as an endorsement of the material appearing on such sites. You should check the terms of use and privacy policies of all sites you link to from our site. Uscoop does not review or take responsibility for the terms, conditions or policies of the sites and Merchants to which it references or to which it links. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING MERCHANTS.

Objectionable Content/Copyright Policy: We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement on Uscoop.com can be reached by mail at: Copyright Agent, Uscoop, Inc., 3323 P Street NW, Washington, DC 20007 or by email at copyright@theuscoop.com.

Information and Content. When you access Uscoop.com and/or the Services, you obtain access to various kinds of information and materials, including (by way of example) comments, suggestions, ideas, graphics, and videos, all of which we call "Content." You are entirely responsible for each individual item of Content that you post on Uscoop.com, submit to us via email or Uscoop.com, or otherwise make available to us for publicly-available areas of Uscoop.com ("Share") and, as between you and us, you retain ownership and any intellectual property rights in the Content you Share. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Content that you Share. You agree that any Shared Content or any derivative works thereof, except for Personally Identifiable Information (as defined in our Privacy Policy) related to your registration or Orders, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include Personally Identifiable Information in forums or other publicly available areas of the Uscoop.com, we will not be liable for such disclosure. You agree not to revise Content posted by others, and you represent and warrant that you will not Share or use any Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  • Is false or inaccurate or becomes false or inaccurate at any time;
  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Misrepresents your identity in any way;
  • Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Advocates or encourages any illegal activity; or
  • Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though we strive to enforce these rules with all of our users, you may be exposed through Uscoop.com or the Services to Content that violates our policies or is otherwise offensive. You access Uscoop.com and the Services at your own risk. We may, but are not obligated to, remove Content from Uscoop.com for any reason, including if we determine or suspect that such Content violates these Terms of Service. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on Uscoop.com or through the Services, whether it violates our content policies or not.

General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of Uscoop.com or the Services, your use of Uscoop.com or the Services, or access to Uscoop.com or the Services for any purposes other than for which Uscoop.com or the Services are being provided to you, or do any of the following:

  • Conduct or promote any illegal activities while using Uscoop.com or the Services;
  • Upload, distribute or print anything that may be harmful to minors;
  • Attempt to reverse engineer or jeopardize the correct functioning of Uscoop.com, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Uscoop.com;
  • Attempt to gain access to secured portions of Uscoop.com or the Services to which you do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use Uscoop.com or the Services to generate unsolicited email advertisements or spam;
  • Use Uscoop.com or the Services to stalk, harass or harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from Uscoop.com or the Services (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of Uscoop.com and the Services or interfere with or disrupt any servers or networks connected to Uscoop.com or the Services, or disobey any requirements, procedures, policies or regulations of networks connected to Uscoop.com or the Services;
  • Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on Uscoop.com or the Content contained on any such web page for commercial use without our prior express written permission;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • Mirror or frame Uscoop.com or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

Ownership. You understand and acknowledge that the software, code, proprietary methods and systems used to provide Uscoop.com or the Services ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through Uscoop.com according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on Uscoop.com or in the Services constitute trademarks, trade names, service marks or logos ("Marks") of Uscoop or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with Uscoop.com or the Services will be governed by such third parties' licenses and not by these Terms of Service. Furthermore, any comments, ideas and/or reports about Uscoop.com or the Services that you provide to us, whether in written or electronic form ("Feedback"), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Disclaimer of Warranties and Limitation of Liability. THE VOUCHERS, GOODS, SERVICES, OFFERS, PROMOTIONS AND INFORMATION ON USCOOP.COM (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, PROVIDED BY OR ADVERTISED ON USCOOP.COM) ARE PROVIDED BY USCOOP ON AN "AS IS, AS AVAILABLE" BASIS. THE ONLY WARRANTIES MADE RESPECTING THESE ITEMS, IF ANY, ARE THOSE OFFERED BY OUR MERCHANTS. (For more information, check the Voucher offer or Merchant's site.)
USCOOP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, FREEDOM FROM ERROR, DEFECTS OR VIRUSES, AVAILABILITY AND NON-INFRINGEMENT WITH RESPECT TO USCOOP.COM AND SERVICES, ANY THIRD PARTY GOODS OR SERVICES OFFERED OR SOLD THROUGH USCOOP, OR THE QUALITY, FEATURES OR CHARACTERISTICS OF SUCH GOODS AND SERVICES. USCOOP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE USCOOP'S REASONABLE CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT USCOOP IS ONLY WILLING TO MAKE THE VOUCHERS AVAILABLE AND PROVIDE ACCESS TO USCOOP.COM AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, USCOOP.COM OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO USCOOP.COM, OR ANY TRANSACTIONS MADE AFTER USE OF USCOOP.COM, ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USCOOP.COM, OR ANY OFFER MISREPRESENTED OR NOT FULFILLED BY A MERCHANT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF USCOOP.COM OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF USCOOP.COM AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO USCOOP.COM OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL REVENUE FOR USCOOP ATTRIBUTABLE TO YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00).

Some states do not allow limitations on how long an implied warranty lasts or the exclusion of incidental or consequential damages so the above limitations and exclusions may not apply to you. You may also have other legal rights, which vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Changes. Uscoop may modify its site, services or these terms at any time in its sole discretion by changing these Terms of Service or other information on Uscoop.com. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. By using Uscoop.com after such changes, you agree to be bound by these Terms of Service, as modified. We will notify you of any such material changes by posting notice of the changes on Uscoop.com, and/or, in our sole discretion, by email.

Indemnification and Release. You agree to indemnify, defend and hold harmless Uscoop, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of Uscoop.com or the Services; (ii) your violation of these Terms of Service; (iii) your violation of any rights of any other person or entity; (iv) any Content you submit to Uscoop.com or the Services; or (v) any viruses, trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into Uscoop.com or the Services. To the extent permitted under applicable laws, you hereby release Uscoop from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

Electronic Communications. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This paragraph informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing Uscoop.com. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using Uscoop.com and the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

Miscellaneous. These Terms of Service constitute the entire agreement of the parties with respect to its subject matter and supersede all prior agreements. You are responsible for compliance with all applicable laws. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Any other limitations on liability explicitly set forth herein and our proprietary rights in and to Uscoop.com, Content provided by us, Our Technology and the Services will survive the expiration or termination of these Terms of Service for any reason. If you are a California resident, you waive California Civil Code ยง1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

Disputes. These Terms of Service and your use of the Vouchers will be governed by and construed in accordance with the internal laws of the United States and the State of Delaware without regard to its conflict of laws' provisions, regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action other than in the state and federal courts located in Delaware. You consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Delaware.

  • Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and Uscoop agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Uscoop Inc., 3323 P Street NW, Washington, DC 20007.
  • Binding Arbitration. If you and Uscoop are unable to resolve a Dispute through informal negotiations, either you or Uscoop may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Uscoop will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Uscoop may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
  • No Class Action. You and Uscoop agree that any arbitration shall be limited to the Dispute between Uscoop and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  • Exceptions to Informal Negotiations and Arbitration. You and Uscoop agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Uscoop's intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.

Last updated: December 14, 2010.