daily deals
in St. Louis, MO
category or business

TERMS OF USAGE

The webpages available at www.freezn.com and all linked pages, hereinafter referred to as the “Site” are owned and operated by Freezn, Inc. a Missouri Based Corporation hereinafter referred to as the “Company” or “Freezn” and can be accessed by you according to these Terms of Usage. These Terms of Usage together with our Privacy Policy and other specified terms and conditions that specify permissible uses of the Site comprise of the rules and regulation that all Customers, Members and Affiliates hereinafter referred to as Members and/or Merchant Affiliates, Non-Profit Organizational Affiliates, hereinafter referred to as Merchants, must comply with in using this Site for accessing and/or purchasing our daily deals and all related services shown herein. You should read and understand all Terms of Usage before you buy something through this Site because we value your trust and need a consistent set of rules to ensure that the Site is always used properly. If you have any questions concerning these Terms of Usage please send an e-mail to Freezn through our Contact Page. By using this Site you agree to comply with all Terms of Usage as contained herein.

Privacy Policy

Please read our Privacy Policy for complete details.

Acceptance of Terms

The Company maintains this Site as a service for the promotion of Daily Coupons provided by its Merchants, ongoing promotional Merchant Pages designed, written and managed by its Merchants, for promoting its daily specials direct to its followers and any and all other legal acts permitted general and business corporations. Browse the Site and read all Terms of Usage. BY ACCESSING AND/OR USING ANY PART OF THE SITE, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THESE TERMS OF USAGE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE. IF YOU DISAGREE WITH ANY OF THE TERMS, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE THIS SITE OR ANY OTHER FREEZN SERVICE OFFERED THROUGH THIS SITE. Reference in these Terms of Usage to “you” or your” refers to you, the persons requesting access to and use of this Site.

Permitted Uses

The Site provides an interactive online service operated by Freezn, consisting primarily of promotion and marketing services on behalf of certain “Merchants” making “Coupons” for products and/or services available to its Members. Coupons may be purchased through Freezn Member Accounts and exchanged for products and/or services from the issuing Merchants or other parties identified in the terms of each offer and subject to the Terms of Usage as forth herein. The responsibility or liability for the content, validity of coupon offers and/or delivery of any products and/or services offered on any Coupon is strictly that of the Merchant and not the Company.

The Site also provides a Merchant Page to its Merchants. The Merchant uses this page to market to Freezn Members and Freezn Merchant followers. This page allows Merchants to display and market ongoing specials and or promotions every day of the year direct to Freezn Members. Each Merchant is solely responsible for the management, content and control of its page and its offers. Any offers, expectations and/or redemption of any coupons and/or offers represented by a Merchant on its Merchant Page is strictly between the Merchant and its customers and or supporters. The Merchant is restricted from using the Merchant Page to request Members to send in any money or sell any product or service direct from the Merchant. The Page is provided as a service to the Merchant to advertise its business, display its discounts, special offers and/or promotions directly to its customers and then to instruct its customers how they can take advantage of the offers. (Examples) Print out and bring in the coupon shown on the Merchant Page; show the offer on your iPhone or Smart phone to the staff when you visit the business; or simply mention you saw the offer on Freezn. A Merchant can change its instruction to our members as it changes its offers. Freezn does not assume any responsibility or liability for the content, validity of ongoing offers and/or the delivery of any offers shown on any Merchant Pages on this Site.

Freezn Merchants are generally Affiliate Members of the Company. If the Merchant has agreed to the Terms and Conditions of the Company Affiliate Rewards System, they will receive commissions for sales generated of the Deal of the Day for any new customers it has linked to Freezn. Any Members that become an Affiliate and link new customers to the Freezn System will also be paid a commission on sales generated from the Deal of the Day. Members are also required first to read, understand and agree to the Terms and Conditions, of the Affiliate Rewards System, and have submitted completed the information requested in its entirety. A business and/or an individual can become an Affiliate with Freezn without becoming a Merchant. Requirements to become a Freezn Merchant and have a Merchant Page has certain specific Terms and Conditions in addition to these Terms of Usage. Any Merchant that becomes a Member and requests information about becoming a Freezn Merchant to promote its business is given access to a separate agreement and the applicable Terms and Conditions. The Company reserves the right to accept or reject, in its sole discretion, any Merchant as a Freezn Merchant.

User information

In order to use certain Services on the Site, you are required to provide personal information (such as contact and/or identification information), as part of the registration process or as part of your continued use of the services. You agree that you have the right to provide any and all information you submit to the Site and that the information is only about yourself and that all such information is accurate, true, current and complete. You must be eighteen (18) years of age or older and posses the authority to create a binding legal obligation. Once you provide this information to the Company a Members Profile Page is given to you to track your purchases, print off your coupons, view your purchased coupons, follow and modify your Favorite Places and use the Freezn Message System communicate with your friends. You may only create one account for your personal use. You are required to make only legitimate purchases that comply with the details of the terms of the respective Coupons. You may only make purchases on the Site for your own use or that of a gift if applicable. The coupons you purchase from the Company are redeemable for products and/or services by the Merchant of such goods and services. You are required to review the Merchant’s Terms and Conditions, which apply to your purchase as you are bond to these Terms and you must redeem all coupons purchases before its expiration date. As a Member you agree to verify all information about the Merchant and its deal as the information being provided on this Site, for both the deals and on the Merchant Pages, has been written and/or approved by the respective Merchants. The Company assumes no responsibility for this content and/or its accuracy. Also always verify the location for redemption of a Deal before you make your purchase as it may include areas outside of the metropolitan limits of your city. Some products and services may not be available in your area. The Company does not endorse or recommend any product or service offered on the Site and makes no representation that that the products and/or services included in the Site are appropriate or available for use in other than the United States. Those who do access the Site from other countries are solely responsible for compliance within that country.

Creating an Account on this Site

You may only create and hold one Member Account on this Site that you are solely responsible for managing it. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person or entity. If you violate any of these limitations, we reserve the right to terminate your account and, without limitation, you may forfeit any pending, current or future commissions and any unredeemed coupons in your account at the Company’s sole discretion. If we terminate your account, you may not re-enroll or join under a new account unless we invite you to do so in writing. If you commit fraud or falsify any information in connection with the use of this Site or in connection with your Freezn account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of this Site.

User Passwords and Account Security

As a Member, you must agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account and to supervise the use of your account. You agree that you will be solely responsible for allowing anyone access to your account, all activities that occur under your account. and that If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.

Changes to the Terms of Usage

The Company reserves the right to modify, add or discontinue any feature, service or aspect of this Site, at its sole discretion, at any time without prior notice or your consent. The Company also reserves the right to change the Terms of Usage governing the Usage of this Site at any time. The change in the Terms of Usage will be effective immediately upon posting the changes to this page or elsewhere on the Website. Any Usage subsequent to these changes shall be deemed to constitute acceptance by the Member of such modifications, additions, or deletions. The date of the last modification made to the Terms of Usage is noted on the Site at the end of this Agreement.

Conditions of Participation

As a condition of participation as a Member, you agree you have granted the Company permission to send both administrative and promotional e-mails. Members can select whether they prefer to receive e-mails or text notification or other forms of electronic correspondence about account activity and purchases, as well as promotional offers and Website updates. The User may opt-out at anytime to receiving these notifications, by sending an e-mail to the company or by clicking the unsubscribe link at the bottom of any electronic correspondence. A Member may refer another party to this website, however, there shall be no referral fee or commission made for that referral unless the Member has become an Affiliate with the Company first. All Affiliates are responsible to notify prospective customers of the Company that, as an Affiliate, they are entitled to receive commissions on Deal of the Day purchases that Member chooses to make. If a Member is interested in receiving commissions for his, her or its referrals, please review the Affiliate Rewards Link at the bottom of any page on the Site.

This Site is private property and all interactions on this Site must be lawful and must comply with these Terms of Usage. To the extent your participation (as decided by the Company in its sole discretion) restricts or inhibits any other Members from using or enjoying any part of this Site, the Company may limit your privileges on this Site and seek other remedies. Certain activities, as stated below, are strictly prohibited and constitute express violations of this Agreement.

Terms of Sale

Coupons you purchase through this Site as a Freezn Account Member are special promotional offers that you purchase from participating Merchants through our service. The Coupons are redeemable for certain products and/or services offered by and facilitated through the Merchant identified on the Coupon. The Merchant is solely responsible for redeeming the Coupon. The Merchant is the issuer of the Coupon and is fully responsible for all products and/or services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and cost it may cause you to suffer, directly or indirectly in full or in part, whether related to the use of redemption of the Coupon or not. You hereby agree to waive and release Freezn, Inc. and its Owners, Officers, Directors, Subsidiaries, Affiliates, Partners, Employees, Account Managers and Agents from any and all liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Coupon for the products and/or services provided or connected with this Site.

By purchasing any Coupon you hereby agree to the terms of this Agreement and these Terms of Usage. By printing, accepting, using or attempting to use any Coupon, you agree to these Terms of Usage stated herein as well as the General Terms & Conditions specifically stated on the Coupon itself and any additional, specific terms as advertised on the Coupon at the time of purchase regardless of its labeling. These rules apply to all promotional Coupons that we make available unless a particular Coupon Deal Details specifies otherwise and except as is required by law. In the event of a conflict between the rules stated herein and the Deal Details the rules stated herein will prevail unless otherwise required by law. Freezn is a service provider for the Merchant identified on the Coupon and the Merchant is the sole issuer of the Coupon. Coupons have two separate values 1) the amount paid and 2) the amount saved which together make up the promotional value of the Coupon. The promotional value is determined by the Merchant to be the retail value before its discount.

Prohibited Use of this Site

Submitting any inaccurate information, committing fraud or falsifying information in connection with your Member Account or in the attempt to create more than one Freezn account; Exceeding or attempting to exceed set quantity limits when purchasing coupons or otherwise using your Member Account to purchase coupons; Purchasing coupons for the purpose of resale or for speculative, false, fraudulent or any purposes not permitted within the Terms of Usage contained herein; Tampering or interfering with the proper function of any part of this Site and any and all functions and services provided by the Company; Scanning or attempting to scan, test the security, or gain access to any data, server or intellectual properties which are all proprietary and a private part of this Site; Attempting to interfere with the service to Members in any way, including but not limited to, submitting a virus to this Site or attempting to overload by flooding, spamming, mail bombing, robots or crashing the Site; Taking any action that places excessive demand on the Company services or may impose any unreasonable or disproportionate load on its servers or other portions of its infrastructure; Accessing, copying or monitoring any content or information from this Site by using any robot, spider nor any other automated means or manual process for any such purpose; Reselling or repurposing your access to this Site or any purchases made through the Site; Using this Site or its content to advertise or solicit for any other business company or organization other than the Member Account that has been set up with the Company; Using this Site or its content to directly or indirectly compete with Freezn; Using this Site, its content or resources to solicit Merchants, Non-Profit Organizations or other business partners of the Company to become users or partners of other online businesses or services directly or indirectly competitive or potentially competitive with the Company, including those currently or previously Members; Acting illegally or maliciously against the business interest or reputation of the Company, its Merchants, Members, Affiliates or its services; Hyperlinking to this Site from any other Site without a prior Affiliate Rewards Account set up according to the Terms and Conditions for the Company Affiliate System; Hyperlinking from any Merchant Page to any Individual/Sole Proprietor or Merchant website without a prior Affiliate Rewards Account set up according to the Terms and Condition for the Company Affiliate System. The Company reserves the right to discontinue any link to any third party website if the Company, in its sole discretion, determines any individual, Member or Merchant is in violation with any of the Terms of Usage.

Third Party Content and Copyright Infringement Notification

This Site may provide third party links to other websites and/or resources. It is understood by the Members that the Company has no control over these third party sites and therefore hereby acknowledges and agrees that the Company is not responsible for any content, advertising, products and/or other materials on or available through such websites or resources. As a Member you further agree that the Company shall not be responsible or liable, directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and/or services available on or through any such websites or resources. Any opinions, statements, services, offers or any other information or content expressed or made available by third parties are those of the respective author(s) Member(s) or merchant(s) and not the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made by anyone other than a corporate officer of the Company while acting in his or her official capacity.

The Company reserves the right to terminate its agreement with you or any other Member who infringes third-party copyrights. If you believe that any material has been posted via the Site by a member in a way that constitutes copyright infringement, you agree to provide Freezn with a written statement that you believe, in good faith, there has been an unauthorized use of a copyrighted work that infringes on your rights. This notice must identify the location of such infringement on the Site together with your name and contact information, including telephone number and e-mail address stating that you are the copyright owner of said work or that you are authorized to act on behalf of the owner.

License Grant

When a Member posts communications on or through this Site, the Member shall be deemed to have granted to the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted to the Company via the Site extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

Offer Purchase and Coupon Redemption

Redemption of Merchant offers and/or Coupons is subject to the limitations and rules set by the respective Merchants and Merchant Coupons may not be available for use and redemption by individuals located outside the United States. Each Merchant Coupon is given a unique encrypted code and the copy or duplication of any Coupon is strictly prohibited and is a violation of the rights of the Company, third parties, and applicable laws.

Refunds and Exchanges

You understand and agree that as a Member of this Site before you place an order for a Coupon from any Merchant, you have carefully reviewed your selection and fully understand that each Merchant is responsible to fulfill its own offers. The Company displays and makes available for purchase, certain Discount Coupons for various Merchants and in its capacity does not warrant or guarantee the information contained in the offer or your purchase. A Member can cancel an order before the purchase is captured, however, once a deal has been purchased and your transaction is completed it cannot be returned or refunded. You further agree not to dispute or otherwise seek a “chargeback” from your credit card company after purchasing a Coupon.

Our Guarantee

The Company values your business and pledges to always treat you with the greatest respect. If you ever feel the Company has not performed or satisfied you to its fullest capabilities, in its service to you, you agree to e-mail us so we may assist in a resolution to any issue, including but not limited to an exchange in the full amount of your purchase.

If a Merchant refuses to honor any Coupon purchased through the Company service as provided for herein and Freezn is not successful in its attempt to resolving an issue, between you and a Merchant, then Freezn will either refund your purchase for the amount originally paid for the Coupon or give you credit in your account for future purchases through this Site, as determined by the Company, in its sole discretion unless otherwise required by law. Coupons are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of Coupons is prohibited.

The promotional value of a Coupon purchased through this Site has an expiration date and must be used by that date to retain full promotional value. If a Coupon is not used by the expiration date, the amount originally purchased for the Coupon will remain in your Member Account for a period of five years and is not redeemable for cash unless otherwise required by state law. If you have a question or are in need of a refund, please e-mail Freezn through our Contact Us page. The promotional value of the Coupon may not be combined with other specials or offers and no portion of its value covers tax or gratuity.

Lawful Use

You must be eighteen (18) years of age or older to use this Site and form a binding contract, therefore, by using this Site you have represented to the Company that you are of legal age. Members further agree not to use this Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for products or services that did not receive prior approval from the Company, (v) that inhibits other Members from using or enjoying the Site. The Company reserves the right, but is not obligated, to monitor the content of the Site to determine compliance with these Terms of Usage and/or any applicable law, regulation or authorized government request. The Company, at its sole discretion, has the right to remove any material that is determined to be in violation of the provisions contained herein. As a condition of your use of this Site, you represent and warrant to the Company that you will not use the Site or any Company materials for any purpose that is unlawful or prohibited by these Terms of Usage. You may not use the Site in any manner which could disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Materials or information through any means intentionally or not intentionally made available or provided through the Site. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses and/or trojan horses and other items of a destructive nature.

Modifications of Terms of Usage

The Company reserves the right to discontinue, make changes or modifications from time to time to all or any part of these Terms of Usage as stated herein as determined necessary by the Company, in its sole discretion. Any changes that affect the use of the Site or the service we provide will be effective upon the posting of the date of modification on the Site. These changes will be effective immediately for new members of the Site and for all Coupons purchased after the effective date of the change. We suggest that you revisit our Terms of Usage from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we have updated these Terms of Usage will constitute acceptance of the modified Terms of Usage. We also reserve the right to change or discontinue any aspect, features and or services on the Site including, but not limited to, requirement for access or use thereof.

Trademarks, Copyrights and Patents

The trademark of Freezn and the other trademarks displayed on the Site are registered an unregistered trademarks of the Company. Trademarks, service marks, patents, patents pending, confidential information is protected by proprietary rights and laws. All content and software on the Site is the exclusive property of the Company, its affiliated companies, its partners, and/or its Merchants. This includes, but is not limited to, all text, images, graphics, logos, designs and software code. This Online Deal System is patent pending and you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have received specific permission to do so in a separate agreement from the Company or by the owners of the Content. Unauthorized use of any content or system displayed by the Company is a violation of United States and international copyright and patent laws.

Under no circumstances will you acquire any ownership rights or other interests in any content by or through your use of this Site. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license to use any trademarks displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark and/or patents in violation of these Terms of Usage, the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil and/or criminal prosecution. You agree not to access the Site by any means other than through the interface that is provided by the Company.

You should assume that all content included, but not limited to, text, logos, software, videos, photos, graphics, materials, and designs, collectively, the “Materials” contained on the Site are copyrighted and/or patent pending and may not be used except as provided in these Terms of Usage. Any modification or use of Materials for any other purpose then that as permitted herein, will be in violation of the intellectual property rights of the Company. The Company neither warrants nor represents that your use of the Materials will not infringe rights of third parties not affiliated with the Company. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of the Company and/or third parties, including, without limitation, under copyright trademark and patent laws, the laws of privacy and publicity.

Communication and Messaging System

The Company will generally communicate with its Members through e-mails, Member’s Profile Pages, Apps and/or various other electronic means. As a Member you hereby give consent that all agreements, notices, disclosures and other communications the Company provides you electronically, satisfy any legal requirements of such communications.

The Site provides you with the opportunity to communicate with the Company. Please be aware that any communication, whether suggestions, ideas, graphics, or any other material, that is presented by you to the Company through the Site will be treated as non-confidential, nonproprietary. Anything submitted or transmitted becomes the property of the Company and the Company is free to use such ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever whether commercial or noncommercial, without payment of any compensation to you. Separate specified Terms and Conditions for Affiliates, Account Managers and Merchants, in addition to these Terms of Usage, are available on the relevant pages to read, understand and accept. You agree that by checking and submitting an application to become an Affiliate, Account Manager and/or Merchant that you agree your electronic submittal acts the same as if you personally signed the document and that the said Terms and Conditions therein are legal and binding to the fullest extent of the law. While security is a priority with the Company and we have made every reasonable effort to make our Site secure, Freezn does not control the security of the Internet or other networks you use to access this Site or communicate with us and we can not be and are not responsible for the security of any information that you choose to communicate with Freezn and the Site while it is being transmitted. In addition, Freezn is not responsible for any data that is lost during transmission.

The Company provides its proprietary, patent pending, Freezn Message System to you for transmitting messages to your friends and/or Merchants that also have Freezn Accounts. The primary purpose of this messaging system is to allow you to follow your Favorite Merchants and share invaluable information to others about daily deals, discounted specials, promotions and any other offers you see posted and available from Freezn Merchants. You can take advantage of not only the Company Deal of the Day but you can also have access to special discounts posted daily from Freezn Merchants and then the ability to notify family, friends, colleagues, associates, merchants and/or any person of any Deal or Coupon you think would be of interest to them easily through the Freezn Message System. These messages are generally seen only by the person or company that receives your message. Any third party can be added by you during any communication and their arrival is demonstrated by the other party seeing their photo and name appear within the message box. This third party can be added or deleted to any communication while in progress.

You understand and agree, however, that all communication on the Site is considered public and not private. Statements made through our Messaging System, Blog and even communication with friends can be public and not private. Any other person (whether or not a member of Freezn’s services), may read your statements without your knowledge. Please do not include any personal information or photos on this Site that you want to remain private. Freezn does not endorse any statement found in any part of any online communication and it specifically disclaims any liability concerning any statements and communication including any actions resulting from your participation, including any objectionable content. Freezn has the right, but not the obligation, to remove any material from its communication applications that the Company, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments and/or other messages or postings of any kind made by you or by any other Member through any communication application on this Site are those of the respective author(s) or member(s) and not that of Freezn. Any and all statements you post to this Site are not confidential.

The Company may also, from time to time, allow discussions, chats, postings, transmissions, bulletin board, and other uses on the Site. The Company is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting to or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profanity of any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.

Accuracy of Information

While the Company uses reasonable efforts to include accurate and up to date information on the Site, it makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the contents of the Site. You understand and agree that as a Member of this Site the deal and/or the deal value may from time to time be either rounded up or down to the deemed closest dollar amount.

Disclaimer of Warranty

You expressly agree that use of this Site is at your own risk. The Company makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or to the content, information, products and/or services featured on the Site. The Company provides this Site in an "as is" and "as available" basis. The Company makes no representation that the Materials included in the Site are appropriate or available for use in other than the United States. Those who do access the Site from other countries are solely responsible for compliance within that country.

Members agree to use this Site at Member’s own risk. As a Member you expressly understand and agree that the Company, owners, officers, directors, shareholders, contractors, agents, affiliated parties, employees or any person or entity involved in creating, producing, posting or distributing the Company content will, under no circumstances, be liable for damages, including, without limitation, direct, indirect, incidental, punitive or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.

To the full extent permissible by applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that this Site, servers, or emails sent from the Site are free of harmful components, such as viruses. The Company does not warrant the availability of this Site, from time to time, when there are circumstances beyond its control, such as but not limited to electrical outages, electronic failures, natural disasters, etc.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OWNERS, OFFICERS, DIRECTORS, ITS SUBSIDIARIES, AFFILIATES, MERCHANTS, NON-PROFIT ORGANIZATIONS, ADVERTISERS, PARTNERS, PRODUCT OR SERVICE PROVIDERS, EMPLOYEES, ACCOUNT MANAGERS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, OWNERS, OFFICERS, DIRECTORS, ITS SUBSIDIARIES, AFFILIATES, MERCHANTS, NON-PROFIT ORGANIZATIONS, ADVERTISERS, PARTNERS, PRODUCT OR SERVICE PROVIDERS, EMPLOYEES, ACCOUNT MANAGERS, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY IN CONNECTION WITH THE PURCHASE OF A COUPON EXCEED THE AMOUNTS PAID FOR SUCH COUPON. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS LESS.

Availability of Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable periodically for any reason including, but not limited to, routine maintenance and/or uploading upgrades to Site. You understand and agree that due to circumstances both within and outside of our control, the Site access may be interrupted, suspended or terminated. Freezn reserves the right, in our sole discretion, to deny service or access to the Site to anyone or any account, at any time and for any reason.

Ownership of Site

The content and information contained on this Site as well as the infrastructure used to provide both, is proprietary to the Company, its partners or its Merchants. You agree not to copy, modify, display, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products and/or services obtained from or through this Site.

Indemnification & Release

You agree to indemnify, defend, and hold harmless the Company, its owners, subsidiaries, officers, directors, employees, account managers, agents, licensors and product and/or service providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Member Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Member Account. You are solely responsible for your interactions with Merchants and other Members of the Site. To the extent permissible under the applicable laws, you hereby release Freezn from any and all claims or liability related to any product and/or service of a Merchant, any action and/or inaction by the Merchant, including Merchant’s failure to comply with applicable laws and/or Merchant’s failure to abide by any of the Terms of Usage of the Company and any conduct or speech, whether online or offline, with any other Member, other Merchant or any other party.

Disputes

We make every reasonable effort to resolve any disagreements that you may have with the Company and if those efforts fail, by using the Site, you agree that any unsettled claim will be governed by the internal laws of the State of Missouri without regard to its conflict of law provisions. Members agree to personal jurisdiction by and venue in the State and Federal Courts of Missouri.

Sever-ability and Waiver

If any part of these Terms of Usage is deemed to be invalid or unenforceable, then that part will be modified or construed to reflect the parties’ original intention. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein and the remaining provisions will remain enforceable and in full force and effect.

A waiver by either party of the Terms of Usage or a failure to act on any breach thereof, in any one instance, will not waive such Terms of Usage or the right to act on any subsequent breach thereof, of any other provision. The section headings used herein are for convenience only and shall be of no legal force or effect.

No Assignment

These Terms of Usage and any rights granted hereunder, are not assignable, transferable or sub-licensable by you except without the Company’s prior written consent. Any assignment attempted to be made in violation of these Terms of Usage shall be considered null and void.


These Terms of Usage were last modified on October 11, 2011.