Last updated: April 7, 2019
This Agreement sets forth the terms and conditions that apply to your access and use of the websites and software applications developed and distributed by Media-Science Corporation ("Extension"), a Delaware corporation. By using Extension products and services you agree to be bound by the terms and conditions of this Agreement and Extension"s Privacy Policy, as they may be amended from time to time in the future (see "Modifications" below). Accepting the Terms
By using any products, information and services developed by Extension (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our websites or use our software without registering) or you are a "Member" (which means that you have registered to create an account with Extension). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Extension. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Extension. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a Extension or entity that you have the authority to bind such entity.
Privacy and your Personal Information
For information about Extension"s privacy and data protection practices, please read Extension"s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Extension treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
The Children"s Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
Description of the Service
The Service is a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product and other information to help make informed purchase decisions at attractive prices.
The Service is provided to you by Extension as a free service. We work on your behalf to locate the best publicly available offers and to negotiate exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.
Account Information from Third Party Sites
With the Service, Members may direct Extension to interact with accounts they own maintained online by third-party companies with which they have accounts ("Third Party Accounts") such as Facebook or Twitter. Extension makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Extension is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Extension may import information from your Third Party Accounts to help better offer the Services to you. Extension does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
Extension cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Extension cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Extension Offers and Third Party Links
Some parts of the Service are supported by sponsored links from advertisers and the display of Extension Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners ("Affiliate Links"). If you click on an offer you will be redirected to the partner"s site and your session will be tracked using affiliate cookies.
In connection with Extension Offers, the Service will provide links to other web sites belonging to Extension advertisers and other third parties. Extension does not endorse, warrant or guarantee the products or services available through the Extension Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Extension is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Extension does not guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party in our Service are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Extension is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Extension has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Extension will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between participants on this site, or between users and any third party, you agree that Extension is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Extension, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, 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."
ExtensionGold Offers
Many Extension Offers are made in the form of points or cash back ("ExtensionGold") for completing a certain action such as completing a transaction on a specific merchant partner"s website. These offers are designed to rebate to you a portion of an affiliate commission paid by a merchant to us. As such we can only provide ExtensionGold to you when a transaction is successfully completed and tracked and after we are paid by a merchant. If we are not paid by any of our affiliate partners or merchants, then Extension shall no obligation to provide any ExtensionGold to you for the transaction that it was not paid for. If there are any difficulties in tracking a transaction due to your use of an ad blocker or for any other reason we may not be able to give you ExtensionGold. Additionally, you must be a Member in order to participate in the ExtensionGold program.We partially rely on third party tracking systems and if we cannot track a transaction was properly recorded we will be unable to give you ExtensionGold. That said, if you have any trouble please contact us at [email protected] and we will try to figure out what went wrong. In our sole discretion we may choose to award you ExtensionGold if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for ExtensionGold if tracking your transactions becomes an issue. Basically, we"re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
Referral And Other Incentive Programs
Periodically Extension may make you offers to receive ExtensionGold or other consideration for taking actions to promote the Service (collectively Incentive Programs). In general, if you participate within the spirit of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration for any reason at any time with or without any cause. By participating in Extension Incentive Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Incentive Program please contact us.
In association with Incentive Programs you may be issued Personalized Links that track traffic back to your account so that we can issue you rewards. You agree not to promote these Personalized Links through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your Personalized Link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Extension immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.
Accurate records enable Extension to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Extension, in its sole discretion, may elect to take.
You agree that Extension may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Extension a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Extension in any way.
As a part of the Extension community, you agree and authorize Extension to collect information about the websites that you visit that is used to create a better user experience for you and other Extension users. Examples of this type of information includes information about the products your browser visits including the current product prices and other product details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Online and Mobile Alerts
Extension may from time to time provide automatic alerts and voluntary account-related alerts. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary alerts and provide configuration switches to limit unwanted communications.
Automatic alerts may be sent to you following certain changes made online to your Extension account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Extension may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Service. If your email address or your mobile device"s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Extension login information and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Extension through the Service, you are licensing that content to Extension solely for the purpose of providing the Service. Extension may use and store the content, but only to provide the Service to you. By submitting this content to Extension, you represent that you are entitled to submit it to Extension for use for this purpose, without any obligation by Extension to pay any fees or other limitations.
Extension's Intellectual Property Rights
The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Extension or its software or content suppliers. Extension grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. If you would like to request such permission, shoot us an email at [email protected].
Access and Interference
You agree that you will not do stuff to make it harder for other users to enjoy our service. We"d prefer not to have to list all of these things here, so don"t make us. Rules for Posting Content
As part of the Service, Extension allows Members to post content on various publicly available locations in the Service. You agree in posting content to follow certain rules that we copied from a well-written terms of service:
You are responsible for all content you submit to the Service. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users" use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS SO HERE IT GOES:
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Extension MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK
Extension MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Extension MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Extension does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Extension shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Extension's Liability
HERE WE GO AGAIN:
Extension SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Extension HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Extension"S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Extension
You shall defend, indemnify and hold harmless Extension and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you. Ending your Relationship with Extension
This Agreement will continue to apply until terminated by either you or Extension as set out below. If you want to terminate your legal agreement with Extension, you may do so by closing your account for the Service.
Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Extension and stop visiting our website.
Email [email protected]
Your account will be closed and your ability to log in deactivated. Any data in our records will be retained subject to our Privacy Policy.
Extension may at any time, terminate its legal agreement with you: if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); if Extension in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications
Extension may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Services" website(s). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER IMPORTANT PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION"S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court"s rules and if within such court"s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person"s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
Severability.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Extension under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Extension, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Los Angeles, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Extension may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Extension is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Extension, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Extension, being asked to remove material that allegedly violates someone"s copyright. We respect others" intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Extension does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Extension has the benefit of under any applicable law), this will not be taken to be a formal waiver of Extension"s rights and that those rights or remedies will still be available to Extension.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.