PLEASE SCROLL DOWN AND READ THESE TERMS OF SERVICE BEFORE USING THIS WEBSITE OR ANY OTHER Bat Coupons CHANNEL, SERVICE, OR PRODUCT. Note that Section 16 (Dispute Resolution) contains an arbitration clause and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
Bat Coupons.com and other Bat Coupons websites (collectively, the "Website") are digital services owned and operated by Bat Coupons Media LLC ("Bat Coupons," "our," or "we"). Bat Coupons is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service ("Terms") to govern your use of the Website as well as your use of or interaction with any other Bat Coupons owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), digital games, events, and social media and other channels (e.g., Bat Coupons’ profiles and Content on social media platforms; newsletters; emails) ("Bat Coupons Channels"). We, along with our affiliates, partners, and advertisers, provide content and services to you via the Website and Bat Coupons Channels subject to the following conditions. Your use of the Website and/or Bat Coupons Channels tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and Bat Coupons regarding your use of the Website and Bat Coupons Channels, unless a different set of terms of service is set out on a specific site or channel, in which case these Terms will supplement the applicable set of terms of service. Bat Coupons' subscriptions, surveys, contests, and sweepstakes may have additional terms and conditions that supplement these terms, like Bat Coupons’ Digital Terms of Sale. If you do not agree with any of these terms, please stop using the Website and cease use of any Bat Coupons Channels.
The Website and Bat Coupons Channels are not meant for or targeted to anyone under the age of 16, and you must be at least 16 years of age or over to use the Website or Bat Coupons Channels. Your parent or guardian must review and accept these Terms on your behalf if you are below the age of consent under your location’s applicable law.
To learn how Bat Coupons collects, processes, and shares personal information, please consult Bat Coupons’ Privacy Statement.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Bat Coupons Channels, including for example, advertising, directories, lists, guides, articles, opinions, reviews, text, photographs, images, illustrations, graphics, games, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the "look and feel" of this Website and Bat Coupons Channels (collectively, the "Content"), are protected under applicable copyrights and other proprietary rights and are the intellectual property of Bat Coupons and its affiliated companies, licensors and suppliers. Bat Coupons actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.
The Content includes logotypes, trademarks and service marks (collectively "Marks") and patents owned by Bat Coupons, and Marks owned by other information providers and third parties. For example, "Bat Coupons" is a registered trademark of Bat Coupons. No Marks or patents may be used in any manner unless approved in advance, in writing by Bat Coupons.
You may use the Website, Bat Coupons Channels, and Content online and solely for personal, non-commercial, and informational/entertainment use, and you may download or print a single copy of any downloadable portion of the Content, where permitted, for your personal, non-commercial, and informational use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of Bat Coupons.
Requests to use the Content for any purpose other than as permitted in this Section 1 should be submitted as directed on the Website or Bat Coupons Channels, as applicable.
Access to Content on the Website is possible, in part, due to the paid advertising that appears on the Website. In exchange for your access to this Content, and except where contrary to applicable law, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website.
Bat Coupons respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at copyrightagent@Bat Coupons.com or by regular mail at Bat Coupons Media LLC, 499 Washington Blvd., Jersey City, NJ 07310, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Bat Coupons will terminate the account of any user that is determined to be a repeat copyright infringer.
By accessing or using the Website and/or Bat Coupons Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have Bat Coupons’ prior written permission, you shall not:
Certain areas of the Website or Bat Coupons Channels may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or Bat Coupons Channels. When you register or become a member of the Website or Bat Coupons Channels or provide information to the Website or Bat Coupons Channels in any other manner, you agree to provide only true, accurate, current, and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that Bat Coupons may use the information you provide to us according to its Privacy Statement.
If you create an account with the Website or Bat Coupons Channels, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or any account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or Bat Coupons Channels using your credentials. Bat Coupons reserves the right to terminate your account and/or deny access to the Website or Bat Coupons Channels to any person Bat Coupons suspects has violated or is violating these Terms.
Website or applicable Bat Coupons Channel accounts may sometimes be provided through another party, for instance, an institution of higher learning where you are a student. In such circumstances, information about you necessary to provide you with an account---like your school email address---may have been provided to us by that third party.
The Website and Bat Coupons Channels may distribute content supplied by other information content providers such as non-staff contributors and commenters. We use these providers to enhance your experience on the Website and Bat Coupons Channels. Bat Coupons, the Website, and Bat Coupons Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Bat Coupons.
Pursuant to 47 U.S.C.§ 230, Bat Coupons is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors, or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or Bat Coupons Channels and assumes no duty to monitor the Website or Bat Coupons Channels for inappropriate or inaccurate Content. Neither Bat Coupons nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, Bat Coupons reserves the right to remove information provided by other information content providers at any time in its sole discretion.
The interactive areas of the Website and Bat Coupons Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with Bat Coupons. To protect your safety, please use your best judgment when submitting information to the Website and Bat Coupons Channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and Bat Coupons Channels. Bat Coupons reserves the right to delete, move, or edit any Post (as defined below) at any time, for any reason, but Bat Coupons has no obligation to review or remove any such content. Bat Coupons does not endorse any information or user view communicated in such public areas by the users of the Website or Bat Coupons Channels.
The Website and Bat Coupons Channels may also offer areas for you to provide Bat Coupons and its affiliates and related entities your feedback and opinions (e.g., a Website user survey), some of which may have additional terms that supplement these Terms. If you respond to a survey or provide feedback, you do so voluntarily, and you agree to abide by these Terms and acknowledge that Bat Coupons will process the information you provide in accordance with its Privacy Statement. Bat Coupons, in its sole discretion, will be free to use (or not use) any feedback or suggestion provided, and you will not be entitled to any compensation, nor will Bat Coupons have any obligation towards you.
By storing, submitting, posting, uploading, creating, communicating, responding with, or placing any content on or to the Website or Bat Coupons Channels (collectively, "Post" or "Posting"), you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions to the content that you Post; (b) the content you Post is accurate and does not violate applicable law, these Terms, or another person’s or entity’s rights; (c) you will not use automated means to Post or distribute content; and (d) the content you Post will not cause injury to any person or entity, nor cause Bat Coupons to violate the rights of any third party. You are solely responsible for your Posts and your access to and interactions with Content and others’ Posts. You recognize that storing, transmitting, distributing, or transmitting content, material, or information that is unlawful or otherwise in violation of these Terms may expose you to criminal and/or civil liability.
By Posting content to the Website or Bat Coupons Channels, or by otherwise playing a Bat Coupons game, you grant Bat Coupons and its affiliates and related entities a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive right and license to (and permit others to) use, copy, modify, relocate, display, archive, store, distribute, reproduce, and create derivative works from and otherwise exploit all content you Post to the Website or Bat Coupons Channels, or otherwise make available in a Bat Coupons game, including your name and other biographical information contained in the content you Post, in any form, media, software, or technology of any kind, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Bat Coupons to include the information you Post or make available in a Bat Coupons game in a searchable format that may be accessed by other users. The rights and licenses granted in this paragraph also include any material, information, ideas, concepts, know-how, or techniques contained in any Post. All rights granted in this paragraph may be enjoyed and exploited without providing you compensation or attribution of any sort.
Please note that Bat Coupons does not accept unsolicited materials or ideas for use or publication. Bat Coupons is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Bat Coupons.
Interactive areas of the Website and Bat Coupons Channels are intended to encourage active and thoughtful public discussion and/or provide a way for you to share your opinions. We expect opinions to differ. By using areas of the Website and Bat Coupons Channels that allow for public discourse, you are participating in a community that is intended for all our users. We reserve the right to remove any content Posted on the Website or Bat Coupons Channels at any time for any reason without notice. Decisions as to whether content violates any of Bat Coupons’ posting rules will be made by Bat Coupons in its discretion after we have actual notice of such posting. Without limiting our right to remove any content, you shall not Post content to the Website or Bat Coupons Channels that:
Certain violations of these rules may be referred to law enforcement authorities. Bat Coupons reserves the right to disclose any information as necessary to satisfy any law, regulation, or governmental request.
You are prohibited from violating or attempting to violate the security of the Website or Bat Coupons Channels, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "mailbombing," or "crashing," (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. Bat Coupons will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Your dealings or communications through the Website and Bat Coupons Channels with any party other than Bat Coupons are solely between you and that third party. For example, certain areas of the Website and Bat Coupons Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Bat Coupons be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Bat Coupons may sometimes engage in affiliate marketing, embedding affiliate links into certain pages of our Website or Bat Coupons Channels. Bat Coupons will provide notice when it embeds such affiliate links. Clicking on or purchasing products or services through affiliate links may result in Bat Coupons earning a commission. Any purchase you make through an affiliate link is made directly with those third parties, not Bat Coupons, and these third parties often have their own terms and conditions and privacy statements, which Bat Coupons encourages you to review. Bat Coupons is not responsible for evaluating any offer made by these third parties; Bat Coupons makes no warranty about these third parties or offerings; and Bat Coupons does not assume any liability for any act, omission, product, or service of these third parties.
Any software that is made available to download from the Website or Bat Coupons Channels ("Software") is the copyrighted work of Bat Coupons' suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement’s terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
The Website and certain Bat Coupons Channels are controlled, operated, and administered by Bat Coupons from its offices within the United States. Bat Coupons makes no representation that materials or Content available through the Website or Bat Coupons Channels are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or Bat Coupons Channels or export the Content in violation of U.S. export laws and regulations. If you access the Website or Bat Coupons Channels from a location outside the United States, you are responsible for compliance with all local laws.
You hereby acknowledge and agree that any notice or disclosure Bat Coupons sends to the email address you provide to us satisfies any requirement that such notice, disclosure, or communication be provided in writing.
Bat Coupons shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or Bat Coupons Channels shall constitute your acceptance of any changes. Bat Coupons shall have the right at any time to change or discontinue any aspect of the Website or Bat Coupons Channels, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. Bat Coupons may also restrict your access to certain portions of the Website or Bat Coupons Channels for any reason and without providing any notice. Bat Coupons may at any time charge a fee or require a subscription to access portions of the Website or Bat Coupons Channels.
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
YOUR USE OF THE WEBSITE, Bat Coupons CHANNELS, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, Bat Coupons CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. Bat Coupons IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR Bat Coupons CHANNELS. BECAUSE Bat Coupons HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT Bat Coupons IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT Bat Coupons DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Bat Coupons SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR Bat Coupons CHANNELS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND Bat Coupons CHANNELS. Bat Coupons AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR Bat Coupons CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. Bat Coupons EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. Bat Coupons ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. Bat Coupons AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, GAME LOGIC, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR Bat Coupons CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR Bat Coupons CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. Bat Coupons DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT. NO CONTENT OR PART OF THE WEBSITE OR Bat Coupons CHANNELS SHOULD BE RELIED ON AS A REPLACEMENT OR SUBSTITUTE FOR OR BE CONSTRUED TO BE FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. Bat Coupons IS NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE, AND NOTHING IN THE WEBSITE OR OTHER CHANNELS SHOULD BE CONSTRUED AS INVESTMENT ADVICE, RESEARCH OR INVESTMENT ADVISORY SERVICES. NO PART OF THE WEBSITE OR Bat Coupons CHANNELS CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION BY Bat Coupons TO BUY OR SELL ANY SECURITY OR ANY SERVICE REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT.
AS A CONDITION OF USE OF THIS WEBSITE AND ANY Bat Coupons CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Bat Coupons AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY Bat Coupons CHANNELS; (B) Bat Coupons’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE OR POST; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with any Bat Coupons material, or with any of Bat Coupons' Terms, your sole and exclusive remedy is to discontinue using the Website or Bat Coupons Channels, as applicable.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Bat Coupons, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WEBSITE, OR Bat Coupons CHANNELS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, THE WEBSITE, OR Bat Coupons CHANNELS; OR (C) ANY ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR Bat Coupons CHANNELS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Bat Coupons IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
Limitation on Time to File Claim & Equitable Relief. Any cause of action or claim you may have with respect to the Website, Bat Coupons Channels, or arising out of or related to these Terms must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is considered waived and is permanently barred. Remedies for any claim by you in connection with the Website, Bat Coupons Channels, or these Terms shall be limited to monetary damages, and you hereby agree that you will not be entitled to any injunctive or equitable relief.
Class Action and Jury Waiver. YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST Bat Coupons ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Governing Law. These Terms have been made in and shall be construed and enforced in accordance with the laws of the State of New York, without giving any regard to its conflict of law principles.
Initial Dispute Resolution. The parties agree to use their best efforts to settle any claim, dispute, or controversy that you may have against Bat Coupons and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees, arising out of, relating to, or connected in any way with the Website, Bat Coupons Channels, these Terms, or our Digital or Print Terms of Sale (which are incorporated by reference herein), (a "Dispute"), directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email to [email protected]. If we have a Dispute with you, we will send a written notice to the contact information we have for you.
If the Dispute is not resolved within 60 days of the opposing party receiving the notice, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below.
Mandatory Arbitration. If the parties do not reach an agreed upon solution pursuant to the dispute-resolution described in Section 16.4 of these Terms, you and Bat Coupons each agree that any Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”) with experience and expertise with the subject matter of the Dispute.
If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition a court with proper jurisdiction to appoint an arbitrator pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms.
The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules that the parties agree to.
The Arbitration shall be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face-to-face meeting is necessary for a fundamentally fair hearing.
Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 16 by sending written notice of your decision to opt-out to the following address via certified mail: Bat Coupons Media LLC, ATTN: Legal Department, 449 Washington Blvd, Jersey City, NJ 07310. The notice must be sent within thirty (30) days of your first use of the Website or Bat Coupons Channels after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Bat Coupons also will not be bound by them.
Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 16, then the state or federal courts in New York shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any dispute arising out of or related in any way to these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of New York and the United States, without giving effect to any conflict of law principles.
Intellectual Property Claims. Notwithstanding the arbitration provisions herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and Bat Coupons Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over Bat Coupons’ Privacy Statement
Contact [email protected] with questions or problems with the Website.