EUREKA TERMS OF USE

These Terms of Use (the “Agreement”) apply to your access to and use of Eureka (“Site”), browser extensions/software applications (“Apps”), and any related services (collectively, the “Services”) provided by Eureka (“Eureka” or “we” or “us”). 

1. Accepting the Terms

This Agreement is a contract between you and Eureka.  By accessing and/or using our Services, which include any Emails (as defined below) you sign up for, you confirm that you are legally able to enter into this Agreement, as a person who is at least 18 years old, and agree to be bound by this Agreement and our Privacy Policy.  If you do not agree to this Agreement or our Privacy Policy, please do not access or use our Services and unsubscribe from our Emails.  If you have installed our Apps, please uninstall them by following the instructions in Section 11.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A RELEASE OF ALL DAMAGES AGAINST US ARISING FROM YOUR USE OF THE SERVICES.  IF YOU WOULD LIKE TO OPT OUT OF THE ARBITRATION PROVISION OR CLASS ACTION WAIVER, PLEASE FOLLOW THE INSTRUCTIONS IN SECTION 12.

Eureka will make updates to this Agreement and our Privacy Policy periodically.  We will let you know of any changes by posting those changes here.  If we do, you will see an updated date at the bottom of this Agreement or the Privacy Policy.  You are responsible for reviewing this Agreement and our Privacy Policy for any updates.  By continuing to access and/or use our Services after we post an update, you are agreeing to be bound by the updated Agreement and Privacy Policy. 

2. Privacy and your Personal Information

You can learn about our privacy and data collection practices by reviewing Eureka’s Privacy Policy. Our Privacy Policy is designed to help you understand how Eureka collects and processes data from users of our Services.  By using our Services, you consent to Eureka’s collection, use, and sharing of your data as set forth in our Privacy Policy.

3. Our Services

Eureka provides you access to relevant coupon codes, the latest deals, price comparisons, and more to improve your shopping experience and help you save. You can install our Apps, which allow you to keep these features on your browser, via the App’s installation store.  

Changes to our Services.  To make sure Eureka can keep evolving its Services and improving your online experience, we reserve the right to make changes we need to the Services at any time, including by adding or modifying features or functions to the Services, releasing new Services, or removing certain existing Services.  In addition, Eureka reserves the right to suspend or discontinue, temporarily or permanently, any or all Services, including the availability of any feature, function, or content.  Although Eureka will use commercially reasonable efforts to notify you of any changes to our Services, you understand that Eureka may make changes without notice or liability to you or any third party.

Availability of our Services.  Your access to and use of the Services may be interrupted from time to time due to periodic updating, maintenance, or repair by Eureka or third-party failures outside of Eureka’s control.  While we will use reasonable efforts to make our Services available to you, we do not promise that it will be available at all times.

Your Communications with Eureka.  You agree that Eureka may use any communication or material you transmit to the Services via the Contact Us page or otherwise, such as any feedback, questions, comments, and suggestions, in any way, including in future modifications of the Services, other products or services, without any compensation to you.

Restrictions on Your Use of our Services.  You agree to use our Services in a lawful and compliant manner.  You represent, warrant, and agree that you will not use the Services, including uploading or sharing any User Content (as defined below), in a manner that:

  • infringes or violates the intellectual property rights or any other rights of anyone else, including any privacy rights;
  • violates any law, regulation, or this Agreement;
  • is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • violates the security of any computer network;
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services through use of manual or automated means; or
  • damages or undermines our Services.

If you violate any of the rules above, we may immediately suspend or terminate your right to use or access the Services and such violation may result in your civil and/or criminal prosecution.

4.  User Accounts 

Free Accounts.  You may need to create an account with Eureka depending on the Services you use.  You may create an account by providing personal details about yourself (such as email address, password, and/or name), or in some cases, by using your existing social media accounts (Google, Facebook, etc.) (“Account”).  You are responsible for keeping your information up-to-date and accurate. For any Accounts you create through our Services, you are responsible for maintaining the confidentiality of your Account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account.  This means, you should not reuse your password across Services or on third-party services.  If you learn of any unauthorized use of your Account, you agree to notify us immediately and make changes to your Account preferences as soon as possible.   

Your Account is for your personal, non-commercial use only.  You may not impersonate someone else, create or use an Account for anyone other than yourself, or provide an email address or sign-in information other than your own.  We reserve the right to disable or suspend your Account at any time for any reason.

5. Third Party Materials

Our Services may include content that links to or is displayed by third-party services and websites, including social media links or icons (“Third Party Materials”).  If you access other websites or services via Third Party Materials, you may be taken to a website that we do not control.  You should read the terms and conditions and privacy policies that apply to such third-party websites or services.  We are not responsible or liable for, nor do we endorse, the products or materials of the Third Party Materials.  To permanently stop viewing Third Party Materials, please uninstall the Apps, unsubscribe from our Emails, and do not access or use our Services.

6. Electronic Communications

When you use our Services, you may be prompted to provide your email address.  By using our Services and providing your email address, you consent to receive email communications from Eureka regarding our Services, customer service issues, account-related notifications, and promotional communications (collectively, “Emails”).  You may opt out of promotional communications by clicking on the “Unsubscribe” button on the bottom of any Emails or by signing into your user account and updating your email preferences. Please know that even if you unsubscribe from receiving promotional Emails from a Service, you may continue to receive administrative Emails.

Emails will only be sent to the email address you have provided and will identify Eureka as the sender.  If your email address changes, you are responsible for informing us of that change.  These Emails are subject to our Privacy Policy (link in Section 2).

7. Intellectual Property Rights

The contents of our Services, including any related trademarks, logos, and service marks, whether or not registered, are protected under copyright, trademark, and other laws.  Such content belongs to Eureka or our licensors.  Eureka grants you the right to use our Services subject to this Agreement.  Except with our prior written consent, you may not copy, modify, publish, create derivative works of, or in any way exploit our Services and their content.  To request permission, please contact us through our Contact Us page and select “Copyright.”  

Claims of Copyright Infringement.  Eureka responds to claims of copyright infringement within our Services in accordance with the Digital Millennium Copyright Act (“DMCA”) and any other applicable laws.  We reserve the right to delete or disable any content in the Services alleged to be infringing.  To review our complete Copyright Policy and learn how to report potentially infringing content, please click here.

User Content.  Eureka may allow you to upload, submit, store, share, receive, collect, capture and/or visualize your ideas, texts, graphics, videos, data, information, files, presentation decks and/or other content, including third-party content (collectively, “User Content”). You are responsible and liable for all User Content you post or transmit through the Services. Eureka does not claim ownership of your User Content, nor are we responsible or liable for any User Content. Although we may not always be able to review all User Content, we reserve the right to edit or remove any User Content that violates this Agreement or for any other reason. You represent and warrant that you possess all necessary rights to use or upload User Content in connection with the Services and you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your User Content in connection with the Services and as otherwise provided herein.

8. Warranty Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eureka, its employees, principals, officers, directors, members, consultants, agents, affiliates, parent companies and subsidiaries (collectively, “RELATED COMPANIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGADING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE.  IN ADDITION, Eureka AND ITS RELATED COMPANIES DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation on Our Liability

EUREKA AND ITS RELATED COMPANIES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THRUGH THE SERVICES, EVEN IF EUREKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EUREKA’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

10. Indemnity

You shall indemnify, defend and hold harmless Eureka and its Related Companies from and against any and all claims and expenses, including but not limited to attorney fees and other legal expenses, in whole or in part, arising out of or attributable to your use of the Services or any breach by you of this Agreement.

11. Removal

This Agreement will continue to apply until you stop using our Services.  You may remove any Apps you have installed by going to the Uninstall page and following the directions to remove the Apps from your browser.  You must separately opt out of receiving our Emails by clicking the “Unsubscribe” button at the bottom of any Emails and deactivate your Account by contacting us through our Contact Us page and selecting “Support.” Eureka may terminate this Agreement (and therefore your right to access and use the Services) at any time.

12. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Eureka is always interested in resolving disputes amicably, and most concerns can be resolved quickly to your satisfaction by contacting us through the Contact Us page. 

If you and Eureka are unable to resolve a dispute by informal negotiation, the dispute shall be resolved by binding arbitration before a neutral arbitrator.  The party seeking arbitration must first send to the other a Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the specific relief sought.  The Notice to Eureka should be sent via our Contact Us page, selecting “Legal.”  If you and Eureka do not resolve the claim within thirty (30) days after Notice is received, the parties may commence an arbitration proceeding.

YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND EUREKA ARISING OUT OF OR RELATING TO THE SERVICES, THIRD PARTY MATERIALS, AND/OR THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION AND YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY.  This provision applies regardless of whether the dispute, action, or other controversy is based on past, present, or future events, and whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.

Arbitration will be administered by one arbitrator in Travis County, Texas.  You and Eureka agree to submit to the exclusive jurisdiction of the federal or state courts located in Travis County, Texas in order to compel arbitration, stay proceedings, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  Each party will pay its own fees, including filing fees and costs of counsel, experts, witnesses, and the parties will split the cost of the arbitrator.

IN ADDITION, YOU AND EUREKA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT.  Unless both you and Eureka agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claim and has no authority to award class-wide relief.

YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER via the Contact Us page, by selecting “Legal” and detailing your opt out within thirty (30) days from the date you first used our Services.  Untimely opt outs will not be valid.  You agree that any action at law or in equity arising out of or relating to the Services and/or this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, in the federal and state courts of Travis County, Texas, and you consent and submit to the personal jurisdiction of such courts.

13. Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.  If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and the remainder of this Agreement will remain in full force and effect.  This Agreement and our Privacy Policy constitute the entire agreement between you and Eureka with respect to your use of and access to the Services and can only be modified by Eureka as set forth in Section 1.

14. Contact Us

Eureka welcomes comments, questions, concerns, or suggestions.  Please let us know via our Contact Us page.

Last Updated:  April 9, 2021