Terms of Use


Website Terms and Conditions of Usage


1. GENERAL STATEMENT


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CHERRYPLANET.COM SITE. By using the CherryPlanet.com site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the CherryPlanet.com site. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time.


These Terms and Conditions govern use of the Website and are a binding contract between Cherry Planet, LLC and You. Cherry Planet, LLC will be referred herein as “Cherry Planet,” “we”, “us”, or “our”. The CherryPlanet.com website will be referred herein as “site” or “website”. By accepting these Terms and Conditions, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions. If You are using this Site as an agent for a corporation or other business entity, You shall only use this Website if You are duly authorized by the corporation or business entity and have the authority to bind Your corporation or business entity. If You are using this Website in Your individual capacity, You are personally liable for the actions You take while using this site.


2. COPYRIGHT & TRADEMARKS


All of the content included on this Website, including the text, graphics, logos, icons, screens and configurations, is the property of Cherry Planet or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this Website is the property of Cherry Planet or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this Website. Any use of the content or software on this Website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited. Except as authorized by Cherry Planet, You may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.


Cherry Planet™, CherryPlanet.com™, the Cherry Planet™ logo, Spend a Buck, Save a Bundle™ and other marks are tradenames and trademarks of Cherry Planet. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.


3. COUPONS


Coupons are defined as certificates obtained via this Website and redeemable at indicated Merchant locations for discounts, special offers, merchandise, services or other considerations as specified on the Coupon. Coupon offers are made by Merchants according to the Terms and Conditions set forth herein and with details, conditions and restrictions determined by the Merchant. Each Coupon has a unique identifying number and bar code and is traceable to the Merchant and the Customer who purchases it. Coupons may not be resold by any party.


Our mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect. The Website may contain inaccuracies or typographical errors. Content has been obtained from third party sources such as Merchants, Affiliates, newspapers, magazines, and other publications and information sources. We do not have control over the sale, offer, advertisement, promotional and related information published on the Website. Cherry Planet shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. You must do your own due diligence and use your best judgment. The use, posting, distribution, or publication of any Coupon or other content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Cherry Planet nor an assurance of legality, quality or safety by Cherry Planet. We shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting prices, offering goods or services, advertisements, opportunities, advice, proposals or other information on the Website. Any goods or services purchased by You are purchased directly from the respective Merchant and that Merchant is solely responsible to You for every aspect of such purchase.


4. TYPES OF USERS


Users of the Website are defined as those persons who have registered for an account on the Website using the means provided. There are different User account types: Customers, Merchants and Affiliates. Users may be referred to hereafter by the general term User or by the Specific account types. We reserve the right, in our sole discretion to deny registration or to suspend or terminate the account of any User violating these Terms of Service.


a. CUSTOMERS - Customers are defined as Users utilizing an account on this Website to obtain Coupons. Coupons are obtained in exchange for the purchase price, as part of a fee-based membership or via other consideration. Coupons are redeemable at participating Merchants for various types of discounts and other offers as indicated on the Coupon and subject to the Terms and Conditions of the Coupon and as set forth herein.


b. MERCHANTS - Merchants are defined as Users representing corporations or business entities providing goods and/or services and utilizing this Website to make available discount coupons redeemable at their place of business. In exchange for making Coupon offers available via the Website, Merchants receive free advertising in the form of those same Coupon offers appearing in search results seen by Customers on our Website. Merchants may also act in the capacity of Customers.


c. AFFILIATES - Affiliates are defined as Users engaged in promoting Cherry Planet and the Website in exchange for monetary compensation. Affiliates are restricted to those specifically approved by us and are limited to representatives of charitable organizations and those specifically invited by us at our discretion. Affiliates may also act in the capacity of Customers.


5. ORDERING INFORMATION AND CUSTOMER USE


By placing an order through this Website You are using this Website in the capacity of a Customer. You represent and warrant that You are 18 years of age or older and that all the information You are providing, including Your e-mail address, is accurate, current and complete. It is Your sole responsibility to pay any applicable taxes that may arise from Your order.


Customers agree to abide by all Terms and Conditions indicated on the Coupon including, but not limited to, discount value, restrictions, copyrights and expiration date and all applicable Terms and Conditions specified herein. The Coupon purchase price is non-refundable; the Customer's sole recourse in the event the Customer is unable to redeem a Coupon in good faith, having complied with all applicable details, Terms and Conditions as set forth in the Coupon offer and herein, is to request a credit for a replacement Coupon. The replacement Coupon credit may be used to obtain a Coupon redeemable at any Merchant with current Coupon offers on the Website using the customary means. Customers requesting a Coupon credit must notify us within thirty (30) days of being unable to redeem a Coupon.


Cherry Planet authorizes You to view and download a single copy of each Coupon, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Customers are prohibited from reselling or altering Coupons originating from this Website. Such alterations do not refer to incidental marks or writing for the Customer's personal use, but rather to any attempt to obscure or change any of the text, numerals or images constituting the details, conditions or restrictions of the Coupon. The Customer agrees to abide by all applicable copyrights and refrain from making duplicates of Coupons for the purposes of obtaining additional discounts, by any means electronic or otherwise, including but not limited to, digital copies, reprinting and photocopying. Any attempt to reuse a Coupon or use a duplicate Coupon obtained without payment or other consideration, or any attempt to redeem a deceptively altered Coupon will constitute an act of fraud and will result in immediate termination of the Customer account and may be referred to the appropriate authorities. The Customer may reprint a lost or damaged Coupon, however, we are not responsible for voided Coupons resulting from lost Coupons being subsequently retrieved and redeemed by third parties.


6. MERCHANT REGISTRATION

Note: This section does not apply to Customers.


By registering as a Merchant, You represent and warrant that You are 18 years of age or older and that all the information You are providing, including Your e-mail address and the nature of goods and services offered at the business represented is accurate, current and complete and that You have authority to bind Your Corporation or business entity. We reserve the right, in our sole discretion, to deny approval or to suspend or terminate the account of any Merchant that offers goods or services that are deemed incompatible with Cherry Planet. We specifically prohibit coupons or businesses that offer goods or services related to gaming or gambling, those we deem offensive or those of a sexual nature including, but not limited to, pornography, adult entertainment, escort services and the like. Merchants must agree to the complete Terms and Conditions specified herein, excluding the AFFILIATE REGISTRATION section. All other sections of this agreement, including the ORDERING INFORMATION AND CUSTOMER USE section, are applicable to Merchants. (Note that like Customer accounts, Merchant accounts may be used to purchase coupons.)


Merchant Coupons must have a minimum value as indicated during the Coupon generation procedure of the Website. Specific Merchant Coupons made available through us must be exclusive to CherryPlanet.com. No identical Coupon, offer or discount may be made available by the Merchant through any other means for the duration of a given Coupon promotion on the Website. The Merchant agrees to honor any and all coupons delivered via Cherry Planet according to the discount value, description, restrictions and expiration date as indicated on the Coupon and the applicable Terms and Conditions specified herein. The Merchant may at any time discontinue a Coupon offer on the Website via the means available in the Merchant's user account. However, when discontinuing a Coupon offer, the Merchant agrees to honor Coupons for that offer already obtained by Customers.


The Merchant agrees to accept responsibility for ensuring that each Coupon redeemable at their place of business is honored only once. We provide a means to void Coupons by entering the unique Coupon number of redeemed Coupons on the Website. Merchants may refuse, in their sole discretion, to honor a Coupon if it has been altered so as to obscure or change any of the text, numerals or images in such a way as to indicate an attempt at fraudulent use. In such cases, the Merchant must inform us within ten (10) days via the means provided on the Website and include the Coupon number and other pertinent details.


You agree that, in acting as an registered Merchant, you will at all times:

(i) be solely responsible for all content or information uploaded, published or displayed by you through the Website;

(ii) not use the Website to publish or display any content or information that: (A) is defamatory, trade libelous, or unlawful; (B) is obscene or pornographic; (C) violates unfair competition, anti-discrimination or false advertising laws; (D) infringes third party copyright, trademark or similar rights; or (E) contains viruses, trojan horses, worms, robots or other computer programming routines intended to damage, interfere with, intercept or expropriate system, data or personal information;

(iii) not take any action that would expose Cherry Planet or its officers, directors, owners, agents, partners, information providers or affiliates to liability to any third party; and

(iv) not take any action that would violate the security or interfere with the operations of the Website, whether intentionally, negligently or otherwise.

If we are notified, or otherwise reasonably determine, that you are using the Website in violation of any of these provisions, we may suspend your account and promptly notify you by e-mail to the e-mail address provided by you in your Registration. As a condition to your continued use of the Website, you will be required to address such violation to our satisfaction.


7. AFFILIATE REGISTRATION


To register as an Affiliate, Users must complete the Affiliate Agreement. In addition to the Affiliate Agreement, Affiliates agree to the complete Terms and Conditions specified herein, excluding the MERCHANT REGISTRATION and the ORDERING INFORMATION AND CUSTOMER USE sections. All other sections of this agreement including the section are applicable to Affiliates.



8. PRIVACY


All information you provide in accessing and using this Website may be used by Website as described in our Privacy Statement, which is included as a part of this Agreement.


Although we take reasonable precautions designed to protect the confidentiality and privacy of information we collect from you, we cannot absolutely guarantee the confidentiality and privacy of your information. Accordingly, we shall have no responsibility if, despite our reasonable efforts to protect the confidentiality and privacy of your information, an unauthorized individual accesses your information or if an individual authorized to access your information (other than an employee or agent of Cherry Planet) uses or discloses the information in an unauthorized manner.


9. INDEMNIFICATION


You agree to indemnify Cherry Planet and its officers, directors, owners, independent contractors, employees, agents and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this Website; and (c) any violation of this Agreement.


10. INFRINGEMENT NOTICE


It is Cherry Planet's policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Website: legal@cherryplanet.com .


To be effective under the DMCA, the notification must be a written communication that includes the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;


3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;


4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;


5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and


6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


11. ENTIRE AGREEMENT; NON-SEVERABILITY


This Agreement and any Customer, Merchant or Affiliate registration agreement constitute the entire agreement between you and Cherry Planet and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of such agreements. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.


12. GOVERNING LAW AND JURISDICTION:


Any claim relating to, and use of, the Website or the materials contained on the Website are governed by and construed in accordance with the laws of the State of Florida (regardless of the laws that might be applicable under principles of conflicts of law). You irrevocably consent to the exclusive jurisdiction and venue of the Lake County, Florida Circuit Court or the United States District Court for the Middle District of Florida in Orlando, Florida in all disputes arising out of or relating to these Terms and Conditions or Your use of the Site. You hereby irrevocably waive any objection which You may now or hereafter have to the laying of venue of any actions or proceedings arising out of or in connection with this Agreement brought in the courts referred to in the preceding sentence and hereby further irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. In the event any dispute arises between You and Cherry Planet, LLC concerning the use of the Site, it shall be resolved in accordance with the alternative dispute resolution procedure set forth in the following paragraph.


If the party which brings or appeals any judicial action to vacate or modify any award rendered pursuant to arbitration or opposes the confirmation of such award and the party bringing or appealing such action or opposing confirmation of such award does not prevail, such party will pay all of the costs and expenses (including, without limitation, court costs, arbitrators fees and expenses and attorneys' fees) incurred by the other party in defending such action. Additionally, if either party brings any action for judicial relief in the first instance without pursuing arbitration prior thereto, the party bringing such action for judicial relief will be liable for and will immediately pay to the other party all of the other party's costs and expenses (including, without limitation, court costs and attorneys' fees) to stay or dismiss such judicial action and/or remove it to arbitration. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. Your use of the Website concerns transactions involving commerce among the several states. The arbitrators will not be empowered to award punitive damages.


The website is controlled and operated by Cherry Planet from its offices within the United States. Cherry Planet makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States.


13. DISCLAIMER:


THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. CHERRY PLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS OR FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE WEBSITE OR THE NATURE OR ACCURACY OF THE INFORMATION INCLUDED IN THE SITE OR AS TO ANY OTHER MATTER. CHERRY PLANET AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ARISING FROM THE ALLEGED NEGLIGENCE OF CHERRY PLANET, LLC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SITES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.


THE MERCHANTS AND OTHER SUPPLIERS PROVIDING SERVICES OR GOODS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CHERRY PLANET. CHERRY PLANET IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BARRING ABSOLUTE WAIVER OF LIABILITY, NEITHER CHERRY PLANET NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, OR ASSIGNS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF TRANSACTIONS WITH THIRD PARTY VENDORS AND In no event shall CHERRY PLANET’S aggregate liability to you for DIRECT DAMAGES exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.


14. RELEASE:


YOU HEREBY RELEASE AND FOREVER DISCHARGE CHERRY PLANET AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”), FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE WEBSITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF CHERRY PLANET, LLC, IN OPERATING THE WEBSITE OR OTHERWISE.


If you have a dispute involving the Service with a third party, you release each of the RELEASED Parties from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


15. INDEMNIFICATION:


You agree to defend, indemnify and hold harmless Cherry Planet, LLC and its officers, directors, managers, members, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of this Agreement by You, or the use of the Website by You or any other person using the Website under on your behalf.


16. GENERAL PROVISIONS:


The failure of Cherry Planet to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of the parties. Cherry Planet reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or requests under legal process. The provisions of our Privacy Policy are incorporated herein by reference.


Cherry Planet, LLC may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. The new Agreement will become effective and binding upon You immediately upon being posted to the Site.


This Agreement was last revised on November 13, 2010.