THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 20 TO RESOLVE ANY DISPUTE RELATED TO THE coupons.nypost.admedia.com SITE, SOFTWARE, OR SERVICE PROVIDED BY coupons.nypost.admedia.com.
These Terms of Use ("Terms of Use) are entered into by and between you ("you," "your," or " End User"), and coupons.nypost.admedia.com, LLC, a New Mexico limited liability company ("coupons.nypost.admedia.com," "we," or "us," which expressions shall include any authorized users unless the context indicates otherwise). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the "Agreement"), govern your access to and use of the coupons.nypost.admedia.com Site, and Please read these Terms of Use carefully before you access the coupons.nypost.admedia.com Site, and before you download, install, and use our Software. The Services provided by coupons.nypost.admedia.com search for, and if available, apply various coupon codes for shopping transactions within coupons.nypost.admedia.com’ merchant network on the internet. By using or accessing any part of the coupons.nypost.admedia.com Site or Software, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you unconditionally accept and agree to be bound and abide by these Terms of Use, and our privacy policy, found at https://coupons.nypost.admedia.com/privacy ("Privacy Policy"), which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the coupons.nypost.admedia.com Site or Software provided by coupons.nypost.admedia.com. Your access to the Services provided by coupons.nypost.admedia.com, or any part thereof, is subject at all times to the terms and conditions of this Agreement and is at the sole discretion of coupons.nypost.admedia.com.
EEA RESIDENTS: – Notwithstanding the foregoing, if you are a current resident of, or entity established in the Economic European Area, and subject to the protection of the EU General Data Protection Regulation 2016/679 ("GDPR"), then you acknowledge and agree that by actively consenting to these Terms of Use, or by actively clicking to accept or agree to the Terms of Use by clicking the "I Agree" button, or a button containing similar language indicating your active consent, then you are unconditionally agreeing to be bound by the terms and conditions of this Agreement and our posted Privacy Policy. If we modify the Agreement and/or Privacy Policy, we will provide notice to you on the coupons.nypost.admedia.com Site and will request your active consent to the modified terms. You also agree that your personal information may be transferred to the United States following the data practices disclosed in our Privacy Policy.
AGE REQUIREMENT: The Services provided by coupons.nypost.admedia.com are offered and available to people who are eighteen (18) years of age or older and who are not a person barred from receiving the Services under the laws of the United States of America or other applicable jurisdiction. You must be at least eighteen (18) years of age to make any purchases from Merchants on our coupons.nypost.admedia.com Site or using our Software. By using the coupons.nypost.admedia.com Site, our Software, or any part of our Services, you represent and warrant that you are of legal age to form a binding contract with coupons.nypost.admedia.com and meet the foregoing eligibility requirement. If you are not at least eighteen years of age or if you do not agree to this Agreement, you must not access or use the coupons.nypost.admedia.com Site. coupons.nypost.admedia.com do not knowingly collect any data from anyone under the age of 18 years old. NOW, therefore, for good and adequate consideration, the receipt of which is acknowledged, the parties agree as follows:
LEGAL AGREEMENT: You must carefully read this Agreement along with our Privacy Policy.
DEFINITIONS: "Account" means an coupons.nypost.admedia.com user account you create on the coupons.nypost.admedia.com Site to sign up as a registered user and which is required as a condition to accessing certain features that are provided by the Service such as Cashback. "Active Account" means you have made at least one Qualifying Purchase during each one (1) year period commencing on the date of your last Qualifying Purchase in which you earned Cash Back.
"Intellectual Property" means copyrights, trademarks, trade dress, trade secrets, database rights, rights of confidentiality, and patents.
"Marks" means coupons.nypost.admedia.com' trademarks, service marks, logos, and trade dress. "Merchant" means any Third Party entity or person that is in coupons.nypost.admedia.com’ merchant network and displays Merchant Ads on the coupons.nypost.admedia.com Site and/or through the Software, to show offers for products and services in the merchant's Third Party Store, which is not affiliated with coupons.nypost.admedia.com in any way. "Merchant Ad" means advertisements displayed through the coupons.nypost.admedia.com Site by Merchants, which include but are not limited to, coupons, cashback offers, and other promotions of a Merchant. "Qualifying Purchase" means a non-fraudulent, non-commercial, purchase by you of a Merchant's product or service after having clicked a Merchant Ad on the Website or by using the Software, and such purchase was determined to be a "qualified purchase" for a Cash Back payment by both coupons.nypost.admedia.com and the Merchant whom you purchased from in the Merchant's Third Party Store which results in coupons.nypost.admedia.com receiving a Cash Back payment from the Merchant.
USING OUR SERVICES:coupons.nypost.admedia.com reserve the right in its sole discretion to suspend or cancel your Account, the provision of any Service in connection with the coupons.nypost.admedia.com Site, and/or to refuse you access to the coupons.nypost.admedia.com Site, without notice to you. Deletion of Software Upon coupons.nypost.admedia.com' Request. coupons.nypost.admedia.com reserve the right to freeze any transactions regardless if such transaction was deemed a Qualifying Purchase, to suspend or terminate your Account, and/or block your access to any part of the Service offered by coupons.nypost.admedia.com if coupons.nypost.admedia.com determines you have engaged in any suspicious behavior, or have otherwise violated the terms and conditions in this Agreement. If coupons.nypost.admedia.com determines you have engaged in any fraudulent behavior and coupons.nypost.admedia.com terminates your Account, you agree coupons.nypost.admedia.com’ decision is final and controlling, and coupons.nypost.admedia.com will have no liability to you for any Cash Back that was not paid out to you or which was expected to be credited to your account for any transactions previously determined to be a Qualified Purchase.
Ownership Rights: End-User acknowledges and agrees on coupons.nypost.admedia.com and/or its licensors own all Intellectual Property in connection with the coupons.nypost.admedia.com Site and Software. Except as expressly stated herein, this Agreement does not grant End-User any Intellectual Property rights or licenses in or to the coupons.nypost.admedia.com Site or Software. coupons.nypost.admedia.com will retain all right, title, and interest in and to the Service, the coupons.nypost.admedia.com Site, Software, and all data generated by coupons.nypost.admedia.com, including without limitation, data generated by its click tracking system and other performance measurement applications, and all associated Intellectual Property and proprietary rights worldwide (including, but not limited to, ownership of all copyrights, trademarks, patents, derivative works, modifications, lists of advertisers and information, algorithms, taxonomies, trade secrets, and other intellectual property rights therein). Except as expressly stated herein, this Agreement does not grant End-User any rights to, or in, copyrights, database rights, trademarks, trade names, trade secrets (registered or unregistered), or any other rights or licenses in respect to the coupons.nypost.admedia.com Site, Software, or the Service.
Intellectual Property Infringement Claims: In no event shall coupons.nypost.admedia.com, its employees, agents or subcontractors be liable to End User for any alleged Intellectual Property infringements (i) based on a modification of the Software or coupons.nypost.admedia.com Site by anyone other than coupons.nypost.admedia.com; (ii) if End User has been notified of the alleged or actual infringement by coupons.nypost.admedia.com or any appropriate authority, and End User continued to use the Service after such notice was given; or (iii) if End User uses the Software or coupons.nypost.admedia.com Site, or any portion thereof, in way that is contrary to the instructions provided by coupons.nypost.admedia.com, whether by email, on the coupons.nypost.admedia.com Site, or the Software. The foregoing constitutes your sole and exclusive remedy and coupons.nypost.admedia.com’ sole liability in the event of any claim regarding infringement of any Intellectual Property.
Limitations on License Grant: The license granted above is conditioned upon End-User's, observance of the following restrictions: (i) except as expressly permitted herein, End-User will not display, use, reproduce, cache, store, distribute, make derivative works of, modify, sell, resell, rent, license, sublicense, transfer, assign or redistribute in any way any materials in connection with the coupons.nypost.admedia.com Site, Software, or Service, except under the terms of this Agreement; (ii) End-User will not display, sublicense or syndicate the Software, or any links from the Software or coupons.nypost.admedia.com Site, on or to any Third Party or website, unless it first obtains coupons.nypost.admedia.com’ prior written consent; and (iii) coupons.nypost.admedia.com reserves the right, in its sole discretion, to modify, discontinue or terminate this Agreement or the Service, in whole or in part, at any time.
Account Creation: As a condition to accessing and using certain features of the coupons.nypost.admedia.com Service, including but not limited to Cash Back, you will be required to create an Account on the coupons.nypost.admedia.com Site by following the instructions as provided on the coupons.nypost.admedia.com Site. coupons.nypost.admedia.com shall have the right to deny, approve, or terminate any Account at any time in its sole discretion with or without cause. You shall provide coupons.nypost.admedia.com with accurate, complete, and updated registration information.
Account Creation: As a condition to accessing and using certain features of the coupons.nypost.admedia.com Service, including but not limited to Cash Back, you will be required to create an Account on the coupons.nypost.admedia.com Site by following the instructions as provided on the coupons.nypost.admedia.com Site. coupons.nypost.admedia.com shall have the right to deny, approve, or terminate any Account at any time in its sole discretion with or without cause. You shall provide coupons.nypost.admedia.com with accurate, complete, and updated registration information.
Failure to do so may result in immediate termination or suspension of your Account. You acknowledge and agree that your credited funds in your Account may be delayed if your Account information is not up-to-date, complete, and accurate. Misrepresenting ownership or fraudulently claiming control over an Account is strictly prohibited and may result in a permanent ban from use of the coupons.nypost.admedia.com Site and Software. coupons.nypost.admedia.com reserves the right to suspend, deny, and/or revoke access to the coupons.nypost.admedia.com Site, Software, and/or Account at its discretion if your activities are reasonably deemed a threat to the integrity of the coupons.nypost.admedia.com Site, Software, Merchants, or any part of the coupons.nypost.admedia.com Service. coupons.nypost.admedia.com reserves the right to withhold any payments you earn from Cash Back to investigate any breach of this Agreement, or to determine if any fraud has occurred. coupons.nypost.admedia.com will not credit your Account for any Cash Back until coupons.nypost.admedia.com first receives the Cash Back payment for your Qualifying Purchase from the Merchant.
If you cancel your coupons.nypost.admedia.com Account at any time, or if your Account is terminated by coupons.nypost.admedia.com for your breach of any term of this Agreement as determined solely by coupons.nypost.admedia.com, you agree that you forfeit all Cash Back credit and/or any other types of payment credits in your Account at the time your account was terminated. coupons.nypost.admedia.com shall have no liability to refund you for any credits that you forfeit as a result of you or coupons.nypost.admedia.com terminating your Account. Your Account is at all times owned by coupons.nypost.admedia.com and all Accounts are part of the coupons.nypost.admedia.com Service. You agree you have no ownership interest whatsoever in your Account.
Account Security: Any passwords used for an Account on the coupons.nypost.admedia.com Site or Software are for individual use only. You will be responsible for the security of your password(s). From time to time, coupons.nypost.admedia.com may require that you change your password. You are prohibited from using any services or facilities provided in connection with this coupons.nypost.admedia.com Site or our Software to compromise security or tamper with system resources and/or Accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of any system security, coupons.nypost.admedia.com reserves the right to release your account details and any other information we have about you to system administrators at other websites and/or the authorities to assist them in resolving security incidents. coupons.nypost.admedia.com reserve the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing coupons.nypost.admedia.com to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms of Use.
YOU WAIVE ALL RIGHTS AND AGREE TO HOLD coupons.nypost.admedia.com HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY coupons.nypost.admedia.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER coupons.nypost.admedia.com OR LAW ENFORCEMENT AUTHORITIES.
Unauthorized Access: Account access is provided on a password-protected basis. You will be solely responsible for keeping your Account password confidential and for all use of your password and Account, including any unauthorized use. If you become aware of any unauthorized use of your Account, you must notify us immediately by writing to support@coupons.nypost.admedia.com coupons.nypost.admedia.com will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of this Agreement for any reason, coupons.nypost.admedia.com may disable and/or delete your Account
Requirements and Limitations. In order to earn Cash Back through the coupons.nypost.admedia.com Site and/or by using the Software all of the following conditions must be met:
If you exceed this maximum amount, you will no longer receive any Cash Back for the remainder of the year, notwithstanding any Cash Back amounts offered to you on the coupons.nypost.admedia.com Site and/or through the Software. You are limited to a maximum of one (1) Account. If coupons.nypost.admedia.com determines in its sole discretion you have more than one Account, coupons.nypost.admedia.com reserves the right to immediately terminate all of your Accounts without any liability to you, and you agree to forfeit all payment credits in your Account. A single PayPal email address is not permitted to be used for multiple coupons.nypost.admedia.com Accounts. Cash Back is only offered and paid on the net purchase amount of a Qualifying Purchase, which excludes fees, discounts, coupon codes, rebates, taxes, shipping costs, return and cancellation costs. All Cashback is paid in United States currency. All Cash Back payments are conditioned on you not being a resident of any country currently subject to economic or trade sanctions by any entity of the United States government. All Cash Back payments are further conditioned on verification methods to prove your identity as may reasonably be requested by coupons.nypost.admedia.com.
coupons.nypost.admedia.com RESERVES THE RIGHT TO CHANGE ITS CASHBACK PROGRAM AND CASHBACK AMOUNTS OFFERED THROUGH MERCHANT ADS AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.
How Cash Back Works: coupons.nypost.admedia.com work with Third-Party networks and vendors to offer Cash Back from certain Merchant Ads and for certain Qualifying Purchases you make from a Merchant's Third Party Store after clicking through a Merchant Ad on the coupons.nypost.admedia.com Site or through the Software. The coupons.nypost.admedia.com Site and Software display Merchant Ads, which may show you Cash Back opportunities and the amount of Cash Back being offered by a Merchant if you complete a Qualifying Purchase of a service or product as more fully described in the Merchant Ad. Each Qualifying Purchase must be directly tracked by the coupons.nypost.admedia.com to your click of the Merchant Ad, and the Purchase must be completed in the same session while you are logged in to your coupons.nypost.admedia.com Account.
coupons.nypost.admedia.com are paid directly by its affiliate networks and vendors for specific purchases you make around the web from Third Party Merchants within coupons.nypost.admedia.com’ network of Merchants. Once coupons.nypost.admedia.com receive complete payment for your Qualifying Purchase by the affiliate network and/or Third-Party Merchant, coupons.nypost.admedia.com will display the Cash Back credit in your account, which may take up to ninety (90) days before the credit is displayed. The balance in your account can be cashed out and will be paid via the valid PayPal email address you provided if your balance exceeds the minimum threshold amount required to cash out, as communicated to you in your Account's "Withdrawal" page or similarly named location. No payments shall be issued until your balance exceeds this minimum amount. All Cash Back accrual rates vary and are subject to the Third Party Store's policies and payment schedules. Cash Back for certain purchases, such as travel, may not accrue until you have completed the travel-related activity.
Cashback Modifications and Withholdings: coupons.nypost.admedia.com, in its sole discretion, may modify or remove the amount of Cash Back credited to your account or the payment schedule at any time in its sole discretion if coupons.nypost.admedia.com determine you are engaged in suspicious activity, fraud, and/or have violated any term in this Agreement. coupons.nypost.admedia.com may delay or withhold payment as a result of suspicion of fraud, violation of any term in this Agreement, or any change to the Third Party Store's policies. YOU AGREE THAT YOU WILL IMMEDIATELY FORFEIT ALL CASHBACK IN THE EVENT YOU HAVE INITIATED A CHARGEBACK REQUEST WITH YOUR CREDIT CARD COMPANY AND coupons.nypost.admedia.com INCURRED FEES AS A RESULT OF THE CHARGEBACK REQUEST. YOU AGREE TO SUBMIT ALL FEE DISPUTES TO coupons.nypost.admedia.com BEFORE CONTACTING YOUR CREDIT CARD COMPANY TO ATTEMPT TO RESOLVE ANY FEE DISPUTES.
Cash Back Expiration: All Cash Back credited to your Account and which has not been withdrawn will expire if you have not completed a Qualifying Purchase within one (1) year after your last Qualifying Purchase. coupons.nypost.admedia.com deems your Account to be inactive and abandoned if you have not made a Qualifying Purchase in each one (1) year period after your last Qualifying Purchase. You agree that you will forfeit all Cash Back, which may include Cash Back (defined below) if one (1) year has passed since you have made a Qualifying Purchase on the coupons.nypost.admedia.com Site. Taxes. You are solely liable for any taxes, levies, duties, or fees owed to any applicable government authority as a result of the Cash Back paid to you by coupons.nypost.admedia.com.
coupons.nypost.admedia.com’ Link Only: To qualify to receive any Cash-Backs, you must only use the links to Third-Party Merchant products and services in Third-Party Stores that are provided by the coupons.nypost.admedia.com Software or coupons.nypost.admedia.com Site. Use of any links provided by coupons.nypost.admedia.com outside the coupons.nypost.admedia.com Software and coupons.nypost.admedia.com Site, such as on social media platforms, newsgroups, online bulletins, chat rooms, or similar Third Party locations, is prohibited and you acknowledge you will forfeit any Cash Back accrued as a result of your misuse of the links provided by coupons.nypost.admedia.com. If you access a Third Party link before a purchase transaction, and/or use any Third Party discount code, you may not be paid any Cash Back, because your purchase might be associated with an outside service that was not provided by coupons.nypost.admedia.com.
Cookies Required for Cash Back: If you disable cookies, you may not earn Cash Back for your purchase transaction, since cookies are used to verify eligible Accounts for the Service.
Cash Back Exclusions: Cash Back is only available for Qualifying Purchases and only after coupons.nypost.admedia.com receives the Cash Back from the Merchant you made a Qualifying Purchase from after clicking a Merchant Ad on the coupons.nypost.admedia.com Site and/or Software, All Cash Back may be subject to additional terms, exclusions listed on the coupons.nypost.admedia.com Site and Software, in a Merchant's Third Party Store, in the terms of the offer in the Merchant Ad, and/or on the Third Party Store's checkout page.
Shipping Monitoring – coupons.nypost.admedia.com tracks merchant shipping delays and advises you of any shipping delays for which you may qualify for a payment from the merchant due to a shipping delay
Price Monitoring – coupons.nypost.admedia.com tracks your purchases from merchants coupons.nypost.admedia.com monitors to alert you if there has been a price drop since your purchase for which you may qualify for a payment from the merchant due to the price drop.
Delivery Monitoring – coupons.nypost.admedia.com tracks certain on-demand delivery services, such as food service orders, and notifies you of any late deliveries for which you may qualify for a payment from the merchant or on-demand platform due to the delay.
Return Monitoring – coupons.nypost.admedia.com tracks the amount of time you have left to return an item you purchased from merchants’ coupons.nypost.admedia.com monitors and notifies you of any upcoming deadlines to return coupons.nypost.admedia.com you purchased.
By providing coupons.nypost.admedia.com with access credentials or tokens for your email account(s) to link your email account(s) to your coupons.nypost.admedia.com Account, you understand and agree that you will be granting coupons.nypost.admedia.com access to your emails to allow coupons.nypost.admedia.com to provide you with the Order Protection services. You agree that coupons.nypost.admedia.com may collect, access, and use your emails for the account(s) you link to coupons.nypost.admedia.com under our Privacy Policy to the extent necessary to provide you with the Order Protection services. You also authorize coupons.nypost.admedia.com to email merchants from your email account(s) on your behalf in an attempt to recover payments from merchants for transactions that coupons.nypost.admedia.com discovered may qualify for a payment from a merchant coupons.nypost.admedia.com monitor. You agree that you will not link any email account(s) that you are not authorized to access or otherwise grant the permissions necessary for coupons.nypost.admedia.com to provide the Order Protection services.
You agree that coupons.nypost.admedia.com shall not be liable to you or any third party in any way for any errors or omissions in the Order Protection services provided to you by coupons.nypost.admedia.com or as a result of the Order Protection services being taken offline or otherwise not available to you. coupons.nypost.admedia.com are not liable to you for any lost emails or damages caused to your email inbox that may result from your use of the Order Protection services. You agree that the use of the Order Services is entirely at your own risk. coupons.nypost.admedia.com reserves the right to suspend, terminate, or otherwise limit your access to the Order Protection services at any time and with or without notice to you.
Termination by coupons.nypost.admedia.com: You agree and acknowledge that coupons.nypost.admedia.com shall not be liable to you, and shall not be obligated to refund any payments made to coupons.nypost.admedia.com in the event (1) coupons.nypost.admedia.com terminates this Agreement with or without cause, (2) coupons.nypost.admedia.com determines you have engaged in fraudulent behavior, (3) coupons.nypost.admedia.com is subject to bankruptcy proceedings, and/or (4) coupons.nypost.admedia.com is dissolved. In the event any of the foregoing occurs, you agree you forfeit all credits for payments in your Account.
No Affiliation. All products and services purchased in connection with the Service, are products purchased from a Third Party Store, which is not affiliated with coupons.nypost.admedia.com in any way. coupons.nypost.admedia.com and such Third Party Store have an independent relationship, and you agree coupons.nypost.admedia.com is not an agent of such Third Party Store.
No Liability.coupons.nypost.admedia.com shall not be liable for any product purchased through a Third Party Store, and any purchase or participation in an offer or promotion is between you and the Third Party Store. coupons.nypost.admedia.com shall have no liability for any Third Party Store's withdrawal from the coupons.nypost.admedia.com Services, any changes, or any effect on your accrual of Cash Back caused by such Third Party Store's changes, or withdrawal from the Service.
coupons.nypost.admedia.com reserves the right to investigate any suspicious activity, and all determinations of fraud shall be in coupons.nypost.admedia.com’ sole and absolute discretion. Fraudulent activity includes, but is not limited to, using multiple coupons.nypost.admedia.com Accounts, repeatedly and consistently returning products after Cash Back has been credited, engaging in fraudulent referrals, and/or fraudulently manipulating tracking system technology to give your Account credit for purchases made by third parties ("Fraud").
coupons.nypost.admedia.com shall not be liable to pay you for any activity determined to be the result of Fraud, and shall be entitled to withhold any Cash Back amounts that have accrued, and/or terminate your ability to earn any future Cash Back amounts. Additionally, for any Cash Back amounts that have been paid to you, coupons.nypost.admedia.com shall be entitled to charge-back any amounts paid to you resulting from Fraud.ll
The coupons.nypost.admedia.com Site, Software, Service, or any part thereof may be modified, suspended, or terminated by coupons.nypost.admedia.com at any time in its sole discretion and without notice.
End-User represents and warrants it has the full right and authority to enter into this Agreement and to perform the acts and obligations required of it hereunder.
End-User represents and warrants that execution of this Agreement and performance of its obligations hereunder do not and will not violate any agreement to which it is a party or by which it is bound, and it will comply with all applicable laws, rules, and regulations (including, without limitation, privacy and data control laws).
End-User represents and warrants that the information provided to coupons.nypost.admedia.com in any registration application, forms, and otherwise is accurate, complete, and does not contain any untruthful statements.
End-User shall not use the Service, the coupons.nypost.admedia.com Site, the Software, or any part thereof, or any technology learned from the relationship covered in this Agreement to build (i) a service that competes with the Service; (ii) assist any other person or company to compete with the Service; or (iii) in any other way compete with the coupons.nypost.admedia.com Service.
Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our coupons.nypost.admedia.com Site and Software. Our Privacy Policy is located on the coupons.nypost.admedia.com Site's homepage and is hereby incorporated into this Agreement. By using our Services, you agree that coupons.nypost.admedia.com can use such data under our Privacy Policy.
Data Obligations. Concerning any personally identifiable information or other data, you provide in connection with this Agreement ("Data"), if any, then you hereby consent to the use and disclosure of the Data under coupons.nypost.admedia.com’ Privacy Policy. With respect to any Data provided, you shall ensure the Data has and will continue to comply with all applicable data protection and privacy laws, including but not limited to, GDPR. You shall ensure you have obtained all necessary rights, consents, and authorizations from any data subjects for which the data relates in connection with this Agreement to allow coupons.nypost.admedia.com to process the personal data outside the data subject's country of residence. Any Data sent to coupons.nypost.admedia.com will be processed in the United States, or any other country where coupons.nypost.admedia.com or its contractors maintain data storage or processing facilities, and by using the Services, you hereby consent to such processing and storing of the Data.
Data Communications Security. You acknowledge and agree email communications are generally not an encrypted form of communication, and coupons.nypost.admedia.com shall not be responsible for any interception of Data by third-parties that is sent to coupons.nypost.admedia.com by way of email or other forms of unencrypted electronic communication.
Prohibited Data. In no event shall you send coupons.nypost.admedia.com any data that is generally considered highly sensitive or falls under the "special categories of personal data" under the GDPR. This includes, but is not limited to, personal data revealing racial or ethnic origin, religious beliefs, genetic data, data concerning a person's health, a person's sexual orientation, trade union membership, or biometric data.
You agree to indemnify and hold coupons.nypost.admedia.com and its officers, directors, agents, affiliates, licensors, and employees harmless from and against any claims, actions, liabilities, losses, expenses, damages, and costs, whether based on active negligence, passive negligence, or gross negligence (including without limitation all attorneys' fees and costs of every kind, including expert fees and not limited to statutory costs), arising out of (1) your acts or omissions arising out of or related to your use of the Service, (2) your breach of any term, warranty, representation or covenant in this Agreement, (3) any claims by any Third Party in connection with this Agreement, or (4) your violation of any applicable law, rule, or regulation. End User's obligation to indemnify coupons.nypost.admedia.com is conditioned upon coupons.nypost.admedia.com providing prompt notification of any such claims, unless the failure to notify does not materially and adversely affect the defense. coupons.nypost.admedia.com will reasonably cooperate with End User in the defense and/or settlement thereof, at End User's expense. coupons.nypost.admedia.com may have their counsel in attendance at all proceedings and substantive negotiations relating to such a claim at the coupons.nypost.admedia.com’ sole cost and expense. End-User shall not settle any Third Party claim in a manner detrimental to coupons.nypost.admedia.com without the written consent of coupons.nypost.admedia.com, not to be unreasonably withheld or delayed.
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