Terms of service
The following terms (“Terms”) constitute a binding legal agreement between you and Dockweiler Media, Inc., the company that operates Chippmunk (“Chippmunk,” “we” or “us”). These Terms govern your use of our website, Chippmunk.com (“Site”) and any of our other services (collectively, the “Services”).
We can change the Terms at any time by posting the new version(s) to the Site. We may also notify you via email or by posting a notice on the Site, and we may require you to consent to the updated Terms before you may continue using the Services. In all cases, your use of the Services is always subject to the most current version of the Terms.
1. Eligible Users and Accounts
If you are under 13 years of age, you may not use the Services. If you are under 18 years of age, you represent and warrant that you have your parents’ permission to use the Services.
If you create a user account or sign up for other services, you must provide us with accurate and complete information. Please tell us immediately if you suspect unauthorized activity in your account: you are responsible for all activity in your account. You may terminate your account at any time. Each user may only create one user account.
We reserve the right to change or discontinue the Services at any time and in any way.
3. Third Party Retailers and Offers
Chippmunk is a search engine that provides links to coupons, discounts and other offers (“Offers”) from third party retailers around the web (“Retailers”). We are not affiliated with these Retailers and we are not acting as their agent or representative. Their websites are not under our control and we do not represent that their services and products are of any particular quality, suitability, functionality or legality. We do not endorse or recommend any third party services or products and we do not provide medical advice of any kind. If you choose to accept an Offer, the transaction is solely between you and the Retailer.
Before you accept an Offer, you should read the entire description of the Offer, including any fine print and additional terms and conditions on the Retailer website. The terms and conditions of Offers, including refund and cancellation policies, are governed by the Retailer’s policies, not ours. Please contact the Retailer directly for questions regarding the Offer or your transaction with the Retailer.
In addition, we disclaim all responsibility for any information or other content provided by any third party, including Retailers and other users. We do not guarantee or verify that such content is accurate.
4. User Generated Content
Chippmunk may offer allow users to post content to the Site. Any content you post (“Content”) belongs solely to you. You may only post Content if (a) you own the intellectual property rights or have obtained the necessary permissions and licenses to do everything you are doing with the Content, including uploading it to the Services and sharing it with others, (b) you have all necessary rights to grant us the license below, (c) you have received any necessary consents (e.g., if your Content depicts real people), and (d) the Content does not violate any third party rights, including intellectual property rights and rights of publicity and privacy.
You hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your Content for any purpose, including displaying your Content on the Site and elsewhere and creating derivative works, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your Content. We have no obligation to monitor Content but we reserve the right to delete or modify Content at any time, for any or no reason.
5. Acceptable Use
You may not (yourself or through a third party):
(a) use the Services to harm, threaten or harass anyone;
(b) use the Services and/or your experience using the Services to create similar or competitive services;
(c) modify, alter, tamper with, reverse engineer or create derivative works of any aspect of the Services, except and only to the extent that the applicable law expressly requires us to permit you to do so;
(d) use any automated process with the Service except for search engines compiling a free public search index;
(e) circumvent any technical measures we use to restrict access to the Services;
(f) use the Services for any purpose other than as expressly permitted by the Terms and the information available on the Site;
(g) sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
(h) remove, obscure or alter any proprietary rights notice pertaining to the Services, including notices on any apps;
(i) access or use the Services in any way intended to avoid incurring fees;
(j) use the Services in connection with anything misleading or illegal, unsolicited or spam email, bulk mailing or chain letters, contests, sweepstakes, pyramid or ponzi schemes, to advertise or promote a commercial product or service that is not available through Chippmunk, or post anything that is unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct; or
(k) bog down Chippmunk’s system resources or capacity or otherwise attempt to deny service to anyone or disrupt the Services.
Please click here to see our Infringement Policy or report infringement.
Chippmunk retains all right, title and interest in the Services, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. Except for rights expressly granted in the Terms, we do not grant you any other right, title or license.
If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you.
9. Contacting You, Advertising
We may email you about the Services, including but not limited to information about registration or your account, information relating directly to Offers or related search results requested through the Services, service announcements and administrative messages that are considered part of your account membership. You may also receive promotional messages from us. If you no longer want to receive such emails from us, you may follow the instructions in the emails to unsubscribe.
You will indemnify, defend and hold harmless Chippmunk, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your violation of the Terms, your use of the Services or your Content. Chippmunk reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. No Warranty
To the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. The Covered Entities disclaim all warranties and representations whether express, implied or statutory, including implied warranties of fitness for a particular purpose, accuracy and non-infringement. The Covered Entities do not promise that the Services will meet your requirements or be uninterrupted or error-free.
The Covered Entities do not control, endorse, verify or accept responsibility for any Retailer or other third party materials, products, services or offers accessible through the Services (including via links to third party websites). We make no representations or warranties about such third parties and you engage with them at your own risk.
Some jurisdictions do not allow exclusion of implied warranties or limitations on your statutory rights, so our disclaimer may not apply to you.
13. Limitation of Liability
To the extent not prohibited by law, the Covered Entities shall not be liable for any incidental, special, indirect, consequential or similar damages, including lost profits, damages arising from loss of information, business interruption, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall the Covered Entities’ total aggregate liability for all damages arising under or related to the Services or any other Chippmunk products or services exceed $100. These limits apply even if a stated remedy fails of its essential purpose. Some jurisdictions do not allow limits on certain liabilities so these limitations may not apply to you.
14. Location, Export
The Services are provided from servers located in the United States. By using and accessing the Services, you understand and consent to the storage and processing of all information you have provided to us (including personal information) in the United States. We also reserve the right to store and process personal information outside of the United States.
These Terms incorporate all policies shown on the Site.
You cannot assign your account to any third party without our prior written consent.
Chippmunk will be entitled to recover any legal fees and other costs associated with enforcing the Terms.
We will communicate with you by emailing the address associated with your account or by posting on the Site itself. You can provide any notices to us by sending an email to email@example.com.
This Agreement is governed by the laws of the State of California, excluding its choice of law principles.
You must bring any claims under the Terms within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
Except for the optional arbitration described next, the parties will resolve any disputes in the courts of Los Angeles County, California. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (b) no party or witness will make any personal appearance unless the parties agree otherwise, and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
If any provision of the Terms is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party.