Terms of Use


Last updated:  November 30, 2013

1. ACCEPTANCE OF TERMS

Welcome to Frugal5. The web pages available at www.Frugal5.com, and all linked pages ("Site"), are owned and operated by Full Moon Media, LLC doing business as Frugal5.com ("Full Moon"), and is accessed and used by you under this Terms of Use agreement ("Terms of Use").

Please read these terms of use carefully before using the Frugal5 Site. By accessing this site or using any part of the Site or any content or services on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services on the Site.

2. MODIFICATIONS OF TERMS OF USE

Full Moon reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement.  If we substantively amend the Terms of Use, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by discontinuing your use of the site. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Full Moon provides services and content relating to smart shopping comparison, as described more fully on the Site (the "Service"). The Service shall include, but not be limited to, any service and content Full Moon performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). Full Moon may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Full Moon may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4. REGISTRATION

You can browse Full Moon and fully enjoy the Content without registering. 

5. ELIGIBILITY

You may only use the Service if you are at least 13 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you are at least 13 but less than 18 years old, you certify that you have a parent’s or legal guardian’s consent to use the Service and be bound by these Terms of Use.  Any registration, use or access to the Service by anyone under 13 is a violation of these Terms of Use and is strictly prohibited.  If you do not so qualify, do not attempt to register for or use the Service.

The Service is provided for your personal, noncommercial use only.  You may not use the Service for commercial purposes.

6. USER CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Full Moon.

By way of example, and not as a limitation, you agree not to use the Service:
1. to violate any laws in your jurisdiction (including but not limited to copyright laws);

2. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;

3. with the intention of participating in any other organized effort that in any way artificially alters the results of Full Moon's services.
Full Moon may remove any Content or deactivate any Full Moon account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

To report Terms of Use abuse, please email: admin@Frugal5.com

7. USER CONTENT

Users cannot submit content.

8.  LICENSE GRANT


9.  OUR PROPRIETARY RIGHTS

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of Full Moon and its licensors.  Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

10.  PRIVACY

We care about the privacy of our users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

11. INDEMNITY

You will indemnify and hold harmless Full Moon, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of the Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

12. WARRANTY DISCLAIMERS

You acknowledge that Full Moon has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Full Moon from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Full Moon makes no representations concerning any content contained in or accessed through the Service, and Full Moon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS.  USE OF THE SERVICE IS AT YOUR OWN RISK.  THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, Full Moon, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Full Moon DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Full Moon SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Full Moon WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LINKS

The Service may provide, or third parties may provide, links to other  websites or resources. Because Full Moon has no control over such sites and resources, you acknowledge and agree that Full Moon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Full Moon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.  You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites.  We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL Full Moon, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF Full Moon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL Full Moon BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled from its facilities in the United States.  Full Moon makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. TERMINATION

Full Moon may terminate or suspend the Service in whole or in part and/or your Full Moon account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease.

16. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Full Moon in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Full Moon may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Full Moon in our sole discretion. Full Moon reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement.  Full Moon is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.  We recommend that you add admin@Frugal5.com to your email address book to help ensure you receive email notifications from us.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Full Moon's prior written consent. Full Moon may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if this agreement was made within California between two residents thereof, and except for disputes submitted for arbitration pursuant to the following paragraph, the parties submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that these Terms of Use, together with any amendments and any additional agreements you may enter into with Full Moon in connection with the Service, constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Read the Privacy Policy