Koupon Media Terms of Use

Last Modified: October 6, 2025

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (or your organization) and Koupon Media, Inc. (“Koupon Media”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our services which allow you to access and redeem offers from various brands, including our age verification services that allow you to access and redeem age restricted offers (our “Services”).

THESE TERMS OF USE CONTAIN VERY IMPORTANT INOFORMATION PERTAINING TO YOUR RIGHTS AND OBLIGATIONS AS WELL AS CONDITIONS AND LIMITATIONS THAT MAY APPLY TO YOU. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE OUR SERVICES. BY USING OUR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER NOTICE: THIS TERMS OF USE CONTAINS AN INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. SEE SECTION 19 BELOW. BY AGREEING TO THE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, CAREFULLY CONSIDERED, AND UNDERSTAND ALL OF THE PROVISIONS OF THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT YOU EXPRESSLY AGREE TO BE BOUND THEREBY.

Our Services are offered and available to individual users who are 21 years of age or older and reside in the United States or any of its territories or possessions. However, certain offers on our Services are subject to age restrictions and you may need to be older in order to receive or redeem certain offers. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Koupon Media and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter.

Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Services and Account Security

We reserve the right to withdraw or amend our Services, and any service or material we provide on or through our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or all of our Services, to users, including registered users.

Some of the products offered on or through our Services may be intended ONLY for those of legal age in their jurisdictions. To access our Services or some of the resources it offers, you may be asked to provide certain registration details or other information. Due to the prevalence of fraud, this may include additional information to prove your identity and age. We use a variety of non-affiliated third-parties to verify your identity and age based on the information you provide. These age verification services utilize processes that have been developed with security and privacy in mind, however we take no responsibility for their security or privacy practices. Failure to timely comply with our requests or requests by third-party services we use to verify your age may result in the suspension or cancellation of your access to the Services and/or reporting you to federal and/or local authorities. When we verify your age, we may download digital certificates to the mobile device, handheld phone, PDA, or substantially similar internet appliance or internet-connected device (a “Mobile Device”) you use to verify your age to help identify you for future age-restricted offers. You further agree that, if you use our age verification services to access any age-restricted offers, that the Mobile Device you use to verify your age and access our Services will be used solely by you and that you are solely responsible for safeguarding the device (whether physically, through passcodes, or other means) to ensure that the application is not accessed on your Mobile Device. It is a condition of your use of our Services that all the information you provide on or to our Services is correct, current and complete. You agree that all information you provide to register with our Services or otherwise, including but not limited to through the use of our age verification features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree not to remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or other security features protecting the Services. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password or other security information. If you use our age verification services, you acknowledge that your Mobile Device is also personal to you and agree not to provide a minor or any other person with access to your Mobile Device. You agree to notify us immediately of any unauthorized access to or use of your Mobile Device, user name or password or any other breach of security.

We have the right to disable any user name, certificate, Mobile Device, password or other identifier, whether chosen by you or provided by us, or your access to age-restricted products (or revoke your “verified status” to any age restricted offers) at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The information below outlines the terms and conditions for Koupon Media’s short code, including, but not limited to data collection, privacy policy, delivery, fees, and help:

1. There is no fee from Koupon Media to receive text messages. Message and data rates may apply- this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.
2. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages.
3. For information on data collection and us, please read our full corporate Privacy Policy.
4. We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.
5. By interacting with Koupon Media powered marketing programs, the user consents to receive automated text messages for the purpose of coupon, rebate, and verification code delivery from Koupon Media. Recurring messages. Message & data rates may apply.
6. If you have any questions, reply HELP for help or contact us at (214) 377-0713 or Koupon.support@pditechnologies.com to stop receiving messages, text STOP to Opt-Out.

4. Intellectual Property Rights

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Koupon Media, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as necessary for you to access and use the Services on your Mobile Device.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services (and your ability to redeem any offers) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Koupon Media. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

Koupon Media name, the Koupon Media logo and all related names, logos, product and service names, designs and slogans are trademarks of Koupon Media or its affiliates or licensors. You must not use such marks without the prior written permission of Koupon Media. All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or any laws regarding the purchase, access, or use of age restricted products and services, including the purchase, access, or use of an age restricted product or service on behalf of someone who is not legally permitted to purchase, access, or use such product or service).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Koupon Media or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with anybody else’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are provided from, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

7. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, including, without limitation, any use of the Services to redeem an age-restricted offer.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS KOUPON MEDIA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Our designated Copyright Agent to receive DMCA Notices is:

Koupon DMCA Owner
Koupon Media, Inc.
c/o PDI Technologies, Inc.
14241 Dallas Parkway, Suite 350
Dallas, Texas 75254
kouponprivacy@pditechnologies.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

9. Reliance on Information Posted

Some of the information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Our Services may include content provided by third parties, including materials provided by third-party manufacturers of goods and products. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Koupon Media, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Koupon Media. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Changes to the Services

We may update the content on our Services from time to time, but its contents are not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

11. Information About You and Your Visits to the Services

All information we collect on or through our Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in offers or other advertising on our Services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked on or through our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Geographic Restrictions

The owner of the Services is based in the state of Texas in the United States. We provide our Services for use only by persons located in the United States. We make no claims that the Services or any of the offers available on or through the Services is accessible or appropriate outside of the United States. Access to our Services and the offers available on or through our Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY OFFERS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY OFFERS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY OFFERS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KOUPON MEDIA NOR ANY PERSON ASSOCIATED WITH KOUPON MEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY OF THE OFFERS AVAILABLE ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KOUPON MEDIA NOR ANYONE ASSOCIATED WITH KOUPON MEDIA REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY OFFERS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY OFFERS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

KOUPON MEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation on Liability

IN NO EVENT WILL KOUPON MEDIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR OFFERS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify and hold harmless Koupon Media, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, offers and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

17. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Individual Arbitration Agreement (the “Individual Arbitration Agreement”)

This Individual Arbitration Agreement will survive termination of the Terms of Use.

Although the Terms of Use are made and entered into between you and Koupon Media, Koupon Media’s affiliates, owners, members, managers, directors, and employees (the “Related Parties“) are intended third-party beneficiaries of the Terms of Use for purposes of the provisions of the Terms of Use referring specifically to them, including the Individual Arbitration Agreement. You, Koupon Media, and the Related Parties (each, together with, as applicable, each of the Related Parties, a “Party” and collectively, the “Parties“) acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you on the one hand and Koupon Media on the other hand, and the Parties further acknowledge that nothing contained herein shall be argued by any of them to constitute any waiver by the Related Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties.

THIS PROVISION AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST KOUPON MEDIA, OR CLAIMS KOUPON MEDIA MAY HAVE AGAINST YOU, WILL BE RESOLVED. YOU UNDERSTAND AND AGREE THAT THE INDIVIDUAL ARBITRATION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE TERMS OF USE AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE TERMS OF USE OR THE TERMS OF USE AS A WHOLE. CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE TERMS OF USE IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT IN THIS CHAPTER IS UNENFORCEABLE.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT.

Except as otherwise provided herein, any controversy, claim or dispute of whatever nature arising between you, on the one hand, and Koupon Media or the Related Parties, on the other, including those arising out of or relating to the Terms of Use or the breach thereof; the purchase or use of Koupon Media services or products; or the commercial, economic or other relationship of the Parties, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute“) shall be settled through binding arbitration as provided herein.

Except as provided herein, the arbitrator(s) shall have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement or to the arbitrability of any Dispute.

Expect as provided herein, all Disputes shall be submitted for resolution to binding arbitration in Dallas County, Texas, in accordance with the rules of the Judicial Arbitration and Media Services (“JAMS”) and this Individual Arbitration Agreement, which shall control in the event of any conflict, unless the laws of the state or province in which you reside expressly require otherwise. The JAMS rules and procedures are available at jamsadr.com and will be provided upon request to legal@pditechnologies.com.

Notwithstanding the rules of JAMS, the following will apply to all arbitrations:

• The Parties agree that time is of the essence.
• The arbitration will be conducted in English (with appropriate translators as may be necessary).
• The Federal Rules of Evidence will apply in all cases.
• The Parties will be entitled to bring motions under Rules 12 or 56 of the Federal Rules of Civil Procedure.
• The Parties will be allotted equal time to present their respective cases, including cross-examinations.
• The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with the Choice of Law and Forum provision of these Terms of Use. Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
• The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise.

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.

There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection

• The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event shall, the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.

For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
• The Parties will be entitled to, and limited by, all discovery rights permitted by the Federal Rules of Civil Procedure.
• The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the JAMS Optional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.

IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY (SUCH AS REPRESENTATIVE OR INJUNCTIVE RELIEF), THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE ARBITRABLE CLAIMS AND REMEDIES. THE PARTIES FURTHER AGREE THAT IF SUCH STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE CHOICE OF LAW AND FORUM PROVISION HEREIN.

The Parties understand and agree that Koupon Media has valuable trade secrets and confidential information. The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to this Individual Arbitration Agreement.

Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary injunction. The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration.

Other than your initial filing fees up to a maximum of $250, Koupon Media shall reimburse you for all filing, administration, and arbitrator fees associated with the arbitration proceedings commenced pursuant to the provisions of these Terms of Use. Notwithstanding the forgoing sentence, to the fullest extent permitted under applicable law, you shall be responsible for all additional fees and costs incurred in the arbitration, including your attorney and expert witness fees and costs.

Bellwether Arbitration Procedures: Notwithstanding any provision of the JAMS Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law. Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMS or an arbitrator, shall resolve any dispute over whether these bellwether procedures apply to any group of claims.

The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit. The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases. The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.

The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time. All remaining cases will be stayed, with the statute of limitations tolled. The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed. Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference.

As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received. Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any JAMS or arbitrator fees.

If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Koupon Media to waive the 10-case limit for that case. If Koupon Media does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship. If JAMS finds exceptional hardship and grants the petition, JAMS shall (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases. Under no circumstances shall JAMS place more than 10 cases/arbitrations into active status. If more than 10 hardship applications are granted, JAMS shall determine which 10 cases/arbitrations shall proceed first, based on its determination of relative hardship.

If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying Koupon Media in writing of your desire to opt out within thirty (30) days of your execution of the Individual Arbitration Agreement. Acceptable forms of notice include sending an email to legal@pditechnologies.com or by sending a letter dated and signed by the you to the following address:

Koupon Media, Inc.
c/o PDI Technologies, Inc.
14241 Dallas Parkway, Suite 350 
Dallas, TX 75254    
Attn: Chief Legal Officer

Either email or letter must clearly state your name and the intent to opt out of this Individual Arbitration Agreement. Koupon Media reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement.

Notwithstanding anything to the contrary in the Terms of Use, any amendment by Koupon Media to this Individual Arbitration Agreement shall take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. Koupon Media may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided. Any such amendment shall apply to all claims or other Disputes brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes.

If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Individual Arbitration Agreement will remain in full force and effect.

20. Class Action Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, INCLUDING SUCH PROCEEDINGS BROUGHT IN FEDERAL OR STATE COURT.

21. Waiver and Severability

No waiver by Koupon Media of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Koupon Media to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Koupon Media with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

23. Your Comments and Concerns

Our Services are operated by Koupon Media; 14241 Dallas Parkway, Suite 350; Dallas, Texas 75254; kouponprivacy@pditechnologies.com.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: kouponprivacy@pditechnologies.com.