Term and Conditions of Use

Term and Conditions of USE

IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION
THE USE OF STUCOUNT, WHICH IS SOMETIMES REFERRED TO AS Stucount AND ANY OF ITS SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") .PLEASE CAREFULLY READ THE FOLLOWING TERMS. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN, AND ALL OF THESE TERMS WILL GOVERN YOUR USE OF THE SITE AND OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USE OF THE SITE AND OUR SERVICES. THE TERM "YOU" REFERS TO ANY PERSON OR ENTITY (“USERS”) THAT USES THE SITE.

  1. Company Information:

    Welcome to Stucount.com, an online community for college students to receive exclusive student discounts (the "Services") through our website located at http://www.Stucount.com and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the "Site"). The Services also include the opportunity for you to purchase special Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as "Stucount."

  2. Acceptance of Terms of Use:

    By using this Site (which includes visiting the site whether or not participating in any commerce) you agree to the terms and conditions set forth below and provided by Stucount and to follow all applicable regulations that apply to this Site. If you do not agree to the Terms of Use you must stop using the Site.

  3. Conditions of Use of Our Site and Services

    Your permission to use Stucount is conditioned upon your agreement that you:
    • Are 13 years of age or older and are 18 years of age or older to purchase any Deal;
    • Will comply with these Terms of Service;
    • Will not copy or distribute any part of Stucount in any medium without Stucount's prior written authorization;
    • Will provide accurate information when creating an account or registering for our Services;
    • Are solely responsible for your account and the activity that occurs while signed in to or while using Stucount using your account;
    • Will not use Stucount to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
    • Will not use the communication systems provided by or contacts made on Stucount for any commercial solicitation purposes;
    • Are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
    • Represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Stucount to use any and all Content submitted by you to

  4. Conditions of Agreement:

    These Terms of Service, together with the Privacy Policy and any other legal notices published by Stucount on the Site or any Deal Voucher, shall constitute the entire agreement between you and Stucount concerning Stucount. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Stucountís rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Stucount. No purported waiver or modification of this Agreement by Stucount via telephonic or email communications shall be valid.

  5. Privacy Policy

    Please refer to Stucount’s Privacy Policy (the "Privacy Policy") for information on how Stucount collects, uses and discloses personally identifiable information from its users

  6. Intellectual Property

    You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. ìStucountî is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The Content on Stucount, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Stucount. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Stucount, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and and international conventions. Content provided by Stucount is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

  7. Copyright Notice

    We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Stucount's designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@Stucount.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

  8. Hyperlinks and Third Party Content

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Stucount or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Stucount logo or other proprietary graphic of Stucount to link to the Site without the express written permission of Stucount. Further, you may not use, frame or utilize framing techniques to enclose any Stucount trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Stucount express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Stucountor any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Stucount or any third party without the prior written permission of Stucount or such other party that may own such patent, trademark, copyright or other proprietary right(s). The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Stucount does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Stucount provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Stucount endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Stucount accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Under no circumstances will Stucount be liable for any loss or damage caused by an end user's reliance on information obtained through Stucount. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.

  9. User Conduct and Use of Interactive Areas:

    It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree NOT to do any of the following:
    • Conduct or promote any illegal activities while using the Site or Services;
    • Upload, distribute or print anything that may be harmful to minors;
    • Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
    • Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
    • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
    • Use the Site or Services to generate unsolicited email advertisements or spam;
    • Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
    • Impersonate another user.
    This Site is private property and all interactions on this Site must comply with these Terms of Use. Users are required to restrict any and all activity with the Site to that which involves lawful purposes only. User participation and interaction is encouraged on the Site and the Site may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Interactive Areas"). If Stucount provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
    • Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Content that would violate or infringe upon the rights of others
    • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    • Content that is false and misleading;
    • Unsolicited promotions, political campaigning, advertising or solicitations;
    • Viruses, corrupted data or other harmful, disruptive or destructive files;
    • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
    • Content that, in the sole judgment of Stucount, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Stucount or its affiliates or its users to any harm or liability of any type.
    Stucount takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Stucount liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. As a provider of interactive services, Stucount is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the Site. Although Stucount has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Stucount reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with governmental requests, subpoenas or court orders, to protect Stucount ’s systems and customers, or to ensure the integrity and operation of Stucount 's business and systems, Stucount may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, and you hereby acknowledge such right of Stucount and consent and agree to any such disclosure. Stucount ’s right to disclose any such information shall govern over any terms of Stucount ’s Privacy Policy.

  10. Right to Information and Content

    When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Stucount), and you agree not to post 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,
    • Is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Stucount in its sole discretion,
    • Is false or inaccurate, or
    • Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
    Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not. By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Stucount and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Stucount and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Stucount the right to pursue at law any person or entity that violates your or Stucount ’s rights in the Content by a breach of these Site Terms.

  11. User Information, Registration Data, Email Alerts and Account Security

    You will need to register by creating an account with Stucount (either by registering directly with us or by allowing a Stucount application to connect through your Facebook profile) in order to publish Content on the Site or obtain access to certain Services, including Deals. If you choose to create an account or Stucount profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a ìUser IDî). Access to the Stucount Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whoís privilege to access the Site or use the Services has previously been terminated by Stucount may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Stucount relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that weíve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization. The communications between you and Stucount use electronic means, whether you visit the Site or send us emails, or whether Stucount posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Stucount in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Stucount provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

  12. Advertisements and Promotions

    Stucount may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Stucount , and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Stucount is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

  13. Deals

    Stucount provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotionals in order to reach the Stucount community.
    1. How It Works
      By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once youíve placed your order, you will received a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
    2. The Voucher
      Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.
      1. Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
      2. Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
      3. Neither Stucount nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
      4. Duplicate use, sale or trade of a Voucher is prohibited, except as required by law,
      5. Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
      Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
      1. No cash value for any Voucher,
      2. No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
      3. No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
      4. Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the
    3. Expiration Dates
      The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Stucount will refund the paid portion of your Voucher in the form of a credit for future Deals. In order to receive the credit, you must provide the following information in writing to support@Stucount.com. (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
    4. Deal Specific Terms
      Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
    5. Merchant Responsibility
      To be clear, Stucount markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
    6. Promotions Of The Deal Program
      From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
      1. Stucount's functionality under these Terms of Service;
      2. Will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Stucount; and
      3. Hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

  14. Stucount's functionality  under these Terms of Service;

    • Will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Stucount; and
    • Hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

  15. Disclaimers of Warranty

    We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT Stucount WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Stucount, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Stucount REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

  16. Limitations of Liability

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF Stucount. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  17. Indemnity

    You agree to defend, indemnify and hold harmless Stucount, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Stucount; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Stucount.

  18. Non-Confidentiality, Security And Privacy

    You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Stucount, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Stucount Merchant for their commercial purposes including to provision the Deal. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy. Any communications between you and Stucount, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

  19. Privacy and User Communications

    Stucount will only use personal information you provide to Stucount in accordance with the Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the Privacy Policy. Stucount is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from Stucount by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

  20. Termination

    We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

  21. Reservation of Rights and Release

    Stucount reserves the right, but has no obligation, to monitor, or take any action Stucount deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."

  22. Miscellaneous

    You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND Stucount AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Stucount MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of Stucount. The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

Terms of Sale

When you place and order to buy something on the Site you are making an offer to purchase the voucher(s) that you have selected on the following terms. To make a purchase on the Site you must first register with the Site and create a user account.
  • All vouchers printed from the Site are subject to the Terms of Sale of Stucount and the participating merchant(s).
  • Stucount is not responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant.
  • Stucount is not liable for any unclaimed property liability arising from unredeemed vouchers.

  1. Products Available For Sale

    The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Stucount reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Stucount does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

  2. Refunds

    We do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.