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User Agreement
Please ready this end user license agreement (âEULAâ) carefully before clicking the "accept" button or downloading or using the Impromptu App accompanying this EULA (the "App"). By clicking the "accept" button or downloading or using the App, you are entering into and agreeing to be bound by the terms of this EULA, including without limitation its binding arbitration clause.If you do not agree to the terms of this EULA, do not click the "accept" button or download or use the App.About this App
The App is a platform through which certain merchants (âMerchantsâ) make available coupons, promotional codes, giveaways, samples, and other offers (âCouponsâ) to customers. Merchants are the issuers of the Coupons and are solely responsible for the care, quality, and delivery of the goods and services provided.Acceptance of Agreement
The App is licensed, not sold, to you by Impromptu (the âCompanyâ) for use strictly in accordance with the terms and conditions of this EULA and the Privacy Policy between you and the Company. By using the App you agree to become a party to and legally bound by this EULA and our Privacy Policy (collectively referred to herein as the âAgreementâ). The agreement contains a binding arbitration clause and class action waiver. If you do not agree to this agreement, you must immediately stop using the App. This Agreement constitutes a binding agreement between you and Impromptu.License Restrictions
You shall not:
- Copy the App, except as expressly permitted by this license;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; or
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.Impermissible Conduct
We may limit or deny your access and use of the App, and may seek other remedies, at any time in our sole discretion, including without limitation if you engage in any illegal or improper conduct or conduct that is in breach of this Agreement as judged by us. The following actions (including all attempted actions) are prohibited and constitute a violation of this Agreement:
- Intentionally submitting false or inaccurate information;
- Failing to meet a legal obligation incurred in connection with use of the App;
- Committing illegal acts, including, without limitation, fraud with your Account or postings;
- Breaching security protocols and measures related to the App or using the App to copy, store, host, transmit, send, use, publish or distribute any material that consists of or is linked to any spyware, computer virus, or other malicious computer software or to collect any information of the users of the App, like names and email addresses, without such userâs written consent; and
- Attempting to use, copy, duplicate, aggregate, decompile, reverse engineer, attempt to derive the source code of, steal, decrypt, or otherwise appropriate in an unauthorized way any part of the App or Impromptuâs or its licensorsâ intellectual property or their logos, taglines, trademarks, service marks, copyrights and patents or the intellectual property, information, or data of any third party.Geographical Restrictions
The App and its services are in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Appâs content or services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.The Impromptu Privacy Policy
Your privacy is an important concern of ours and we have created a Privacy Policy to explain how we protect your privacy. Please review the Privacy Policy that is conspicuously posted within the App. The Privacy Policy is incorporated herein by reference.Third-Party Materials
The App may display, include, or make available third-party content, including coupons or other pricing, or provide links to third-party websites or services (âThird-Party Materialsâ). You acknowledge and agree that Impromptu is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third partiesâ terms and conditions.Termination
This Agreement shall continue until terminated. Impromptu may at any time terminate this Agreement with you, including without limitation, as a result of your breach of this Agreement or Impromptu being required by law to terminate this Agreement. We may also immediately terminate or suspend any user accounts or passwords in the event of any conduct that we deem, in our sole discretion, to be illegal, improper, unacceptable or in any way a breach of this Agreement. In the event of termination or suspension, you agree immediately to cease access to and use of the App and to uninstall the App.If you want to terminate this Agreement with Impromptu, you may do so by: (A) notifying us at: [email protected], (B) closing your Account and ceasing all use of the App, or (C) deleting the App. The Disclaimer of Warranty, Limitation of Liability, Indemnification and Release, Agreement to Arbitrate, and Miscellaneous sections of the Agreement shall survive termination.Modification of This Agreement
We reserve the right at all times in our sole discretion to discontinue or modify any part of this Agreement, and to improve, modify, discontinue or remove any functionality, information or content appearing on or through the App, as we deem necessary or desirable. If we make changes that materially affect your use of the App we will notify you by sending you an email to the email address that is registered with your Account or by posting notice of the change on the App. Any changes to this Agreement will be effective upon your receipt of such notice. These changes will be effective immediately for new users of the App. Your use of the App after we update this EULA will constitute acceptance of the modified EULA. We suggest that you revisit the EULA on occasion to ensure that you stay informed of any notifications of changes to the App.Disclaimer of Warranty
IMPROMPTU EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES ABOUT THE APP OR ANY COUPONS. YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND ABOUT THE APP, COUPONS, OR ANY OTHER THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US OR THROUGH THE APP, UNLESS SPECIFIED IN WRITING.IMPROMPTU HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE APP:
- IS MERCHANTABLE;
- IS FIT FOR A PARTICULAR PURPOSE OR NEED;
- IS NON-INFRINGING;
- CONTAINS ACCURATE, GENUINE, COMPLETE, UP TO DATE, OR RELIABLE INFORMATION, INCLUDING, WITHOUT LIMITATION, REGARDING ADVERTISEMENTS, COUPONS, OR OTHER DATA PROVIDED THROUGH THE APP;
- PROVIDES TIMELY, SECURE AND UNINTERRUPTED RESULTS AND SERVICES;
- IS COMPATIBLE OR INOPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT, OR DEVICE;
- PROVIDES QUALITY, ERROR FREE SERVICES OR ANYTHING OTHER THAN AN âAS ISâ APP; OR
- WILL HAVE COMMUNICATIONS SENT TO YOU THAT ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY, IMPROMPTU MAKES NO WARRANTIES AS TO PRIVACY OR SECURITY.Limitation of Liability
IN NO EVENT SHALL IMPROMPTU OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MERCHANTS, PARTNERS, VENDORS, LICENSORS, CONTRACTORS OR AGENTS, OR ANY OF OUR OR THEIR OWNERS, MANAGERS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, ATTORNEYS OR AGENTS BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LACK OF COMPATIBILITY OR OPERABILITY, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE RELATED TO YOUR USE OF THE APP OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO YOUR USE OF THE APP OR THE INFORMATION CONTAINED THEREIN OR THIS AGREEMENT. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF POTENTIAL DAMAGES TO YOU.YOUR SOLE AND EXCLUSIVE REMEDY AGAINST IMPROMPTU FOR ANY DISPUTE YOU HAVE WITH US SHALL BE TO DISCONTINUE YOUR USE OF THE APP. IN NO EVENT SHALL IMPROMPTUâS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.Indemnification and Releases
You agree to defend, indemnify, and hold harmless Impromptu and any of our parents, subsidiaries, affiliates, partners, vendors, licensors, contractors and agents, and any of our or their owners, managers, officers, employees, successors, assigns, representatives, attorneys and agents from and against all claims, damages, losses and expenses, including attorneysâ fees, arising out of or related to your use of the App, the Coupons, your violation of this Agreement, your violation of any third-party right, or your willful misconduct or negligence. This indemnification obligation shall survive the termination of this Agreement and your use of the App.Impromptu is not responsible for any interactions between Merchants and users of the App. To the extent permitted under applicable laws, you hereby release Impromptu from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the App, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchantâs failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, whether online or offline, of any other third-party.Agreement to Arbitrate
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other applicable Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.Miscellaneous
This Agreement embodies the entire agreement between you and Impromptu relating to your access and use of the App. No amendment or modification of this Agreement (except as set forth in this paragraph) shall be valid or binding unless expressly approved by Impromptu in writing and signed by an authorized officer of Impromptu. You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights or obligations under this Agreement to any other party at our discretion. The section headings used herein are for convenience only and shall be of no legal force or effect.
Failure of any party to this Agreement to require performance by another of any provision expressed herein shall in no way affect that partyâs right to thereafter enforce such provision; nor shall the waiver by any party of any breach of any provision expressed herein be taken or held to be a waiver of any succeeding or other breach of such provision or as a waiver of the provision itself or of any other provision. If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining portion of this Agreement, which shall otherwise remain in full force and effect.Correspondence should be directed to: [email protected].Last updated: 10/21/2020
Privacy Policy
Last modified: 10/21/2020Introduction
Impromptu (âCompanyâ or âWeâ) respects your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you register with, access, or use the Impromptu mobile application (the âAppâ).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.This policy applies only to information we collect in this App and other electronic communications sent through or in connection with this App.This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through this App.
- You provide to or is collected by any third party (see Third-Party Information Collection).Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes.Childrenâs Privacy
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].Information Impromptu Collects and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.Information You Provide to Us
When you download, register with, or use this App, we may ask you to provide information that is about you but individually does not identify you, such as:
- Information that you provide by filling in forms in the App. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of coupon redemptions you carry out through the App and of the fulfillment of such coupons.You may also provide information for publication or display on public areas of the app or websites you access through the App (collectively, âContributionsâ). Your Contributions are transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your Contributions. Therefore, we cannot and do not guarantee that your Contributions will not be viewed by unauthorized persons.Automatic Information Collection
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including the deviceâs unique device identifier, operating system, browser type, mobile network information, and the deviceâs telephone number.
- Location Information. With your permission, this App will collect either generalized or specific location information from your device (depending on your device configuration and permission).If you do not want us to collect this information do not download the App or delete it from your device. You may opt out of location tracking any time by revoking your consent within the App. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information below. Please note, however, that opting out of the Appâs collection of location information or refusing to provide an approximate location may degrade your experience in using the App.How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
- Fulfill any other purpose for which you provide it, or any compliance obligation that is required or permitted by law.The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our App according to your individual interests.
- Speed up your searches.
- Recognize you when you use the App.If you choose to provide it, we may use location information to customize the Service, including the content that is presented to you and how it is presented.Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Impromptuâs assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Impromptu about our App users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the âshareâ feature of our App, we will transmit the relevant content of to the recipients of your choosing.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including the App EULA.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Impromptu, our customers or others.Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. You can adjust settings within the App or on your device in order to permit or block the Appâs access to information or sensors on your device, including your location information. Please note that your choice to block the Appâs access to certain sensors or information may degrade your experience within the App or cause certain functions to become unavailable.Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our usersâ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify via an-App alert the first time you use the App after we make the change.
The date the privacy policy was last revised is identified at the top of the page.Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].
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