Terms of Use

Thrifty Thinker may modify this Agreement at any time in its sole discretion. You can see when the last updates were made by the date at the top of this Agreement. Your continued use of the Site following any modification constitutes your acceptance of the Agreement as modified. If you do not wish to be bound by such modification, you must cease your use of the Site.

The Site provides free information, product recommendations, deals, coupons and other useful and entertaining resources. All content and features of the Site may be modified, updated, enabled or disabled at any time and without prior notice to you. If you cannot agree to any part of this Agreement, please cease your use of the Site.

The Site contains affiliate links. This means that if you click a link on the Site and make a purchase or take another action on a third-party website, we may earn a commission at no additional cost to you. These commissions help support the Site.

Links on the Site may take you to websites, products and services owned and operated by third parties. Thrifty Thinker does not control, endorse or assume responsibility for any third-party websites, products or services, including their content, pricing, availability, privacy practices or terms. Any purchase or transaction you make with a third party is solely between you and that third party. Prices, deals, coupons and product information shown on the Site may change or expire at any time, and we do not guarantee their accuracy or availability.

Thrifty Thinker hereby grants you a limited, revocable, non-sublicensable license to access and use the Site solely for your non-commercial, personal use in accordance with this Agreement. The Site and its content are protected by copyright, trademark and other intellectual property laws, and as between you and Thrifty Thinker, Thrifty Thinker owns and retains all right, title and interest in and to the Site. Except as expressly allowed by this Section, you may not copy, distribute, upload, reproduce, duplicate, modify, translate, retransmit, publish, sell or otherwise use the Site or any portion of its content.

In addition, you agree not to do any of the following in connection with your use of the Site:

• Use the Site in any manner that is in violation of this Agreement or any applicable laws, rules or regulations.
• Violate the rights of any third parties, including those relating to intellectual property (copyrights, trademarks, privacy, publicity, or other proprietary rights).
• Violate any third-party agreements, including licenses, terms and conditions and privacy policies of any third parties.
• Use the Site for any commercial gain or purpose.
• Introduce, utilize or create any viruses, worms, bots or other malicious code, files or programs into the Site.
• Scrape, harvest or otherwise collect content or data from the Site by automated means.
• Interfere with, damage, disable, or in any way disrupt or gain unauthorized access to the Site or any of Thrifty Thinker's servers or networks.

Thrifty Thinker respects the intellectual property rights of third parties. Accordingly, you may not make available any material that infringes any copyright rights of any person or entity. Although Thrifty Thinker cannot check for this type of activity, we take all complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (DMCA) very seriously. If you believe there is any material on the Site that allegedly violates your copyright, please email us at legal@thriftythinker.com, and we will respond and resolve the matter within a reasonable amount of time.

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY WEBSITE, PRODUCT OR SERVICE ACCESSED THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRIFTY THINKER DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

IN ADDITION, THRIFTY THINKER MAKES NO WARRANTIES OR REPRESENTATIONS THAT (A) THE SITE WILL BE SECURE, ERROR FREE OR UNINTERRUPTED, (B) ANY ERRORS OR DEFECTS RELATED TO THE SITE WILL BE CORRECTED, (C) THE SITE IS FREE OF ANY VIRUSES, WORMS, COMPUTER BUGS OR OTHER HARMFUL COMPONENTS, OR (D) ANY CONTENT, PRICES, DEALS, COUPONS, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THRIFTY THINKER OR ITS PARENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, CONTRACTORS OR AGENTS (REFERRED TO COLLECTIVELY, THE "THRIFTY THINKER PARTIES"), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN RELATION WITH THE USE OF OR ACCESS TO THE SITE, ANY THIRD-PARTY WEBSITE, PRODUCT OR SERVICE, OR ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF THRIFTY THINKER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY DATA LOSS, PROPERTY DAMAGE OR TECHNICAL DEFECTS ARISING FROM THE USE OF OR ACCESS TO THE SITE, OR (C) ANY DAMAGES OR LOSSES CAUSED BY OR ASSOCIATED WITH THE UNAUTHORIZED ACCESS OR USE OF THRIFTY THINKER'S SERVERS, SITE OR EQUIPMENT, OR ANY VIRUSES OR OTHER HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SITE.

THE TOTAL LIABILITY OF THRIFTY THINKER AND THE THRIFTY THINKER PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR BASED ON YOUR USE OF THE SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THRIFTY THINKER TO USE THE SITE.

This Agreement provides for final, binding arbitration of all claims. Thrifty Thinker and you agree that it would be advantageous to discuss and resolve any disputes in good faith before arbitration proceedings or any other proceedings authorized herein begin. In the event of a dispute, you shall send an email notice summarizing the claim and the request for relief to legal@thriftythinker.com. If the dispute cannot be resolved in good faith within sixty (60) days after the initial notice is sent, you may proceed to initiate the arbitration proceeding or any other proceedings authorized herein.

Any claim, controversy or dispute arising out of or relating to this Agreement or your use of the Site shall be resolved by binding and final arbitration. The American Arbitration Association ("AAA") shall administer the arbitration under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules"). If the parties and/or the arbitrator do not request a hearing, the parties will submit their arguments and evidence to the arbitrator in writing, and the arbitrator will make an award based only on the documents provided, known as a Desk Arbitration. If any party makes a written request for a hearing within ten (10) days after AAA acknowledges receipt of a claimant's demand for arbitration, or if the arbitrator requests such hearing, the parties shall participate in a telephone hearing. The parties acknowledge that in no event shall either party be required to travel to participate in the arbitration. This arbitration section is subject to the Federal Arbitration Act. Either party may seek enforcement of this section in any court of competent jurisdiction.

The arbitrator shall determine any challenges to the arbitrability of a claim.

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek enforcement and/or confirmation (i.e., judgment on the award) in any court of competent jurisdiction.

Notwithstanding anything contrary in the Rules, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any such arbitral proceeding.

Both you and Thrifty Thinker waive the right to bring any claim covered by this dispute resolution provision as a class, representative, consolidated, collective, or private attorney general action, or to participate in a representative capacity, class, consolidated, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding anything contrary in the Rules, the arbitrator shall not have the authority to hear the arbitration as a class, representative, consolidated, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into a single proceeding.

If a proposed class, representative, consolidated, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition, and it is finally determined by the arbitrator or a court of competent jurisdiction that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows, notwithstanding anything to the contrary in the Rules. (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

You may choose to opt out and exclude yourself from the final, binding arbitration and the class action waiver specified in this Agreement. To do so, you must, within fifteen (15) days of first visiting the Site, send a written notice by email to legal@thriftythinker.com that includes: (i) your full name, (ii) your email address, and (iii) a request to be excluded from the final, binding arbitration and class action waiver specified in this Agreement. All other terms of this Agreement shall continue in full force and effect, including the requirement for pre-dispute notification. We must receive your notice within the 15-day deadline for the notice to be effective.

This Agreement, and any claim or dispute arising from or relating to your use of the Site, shall be governed by the laws of the State of California, without regard to its choice of law rules. In addition, any controversies or disputes not subject to arbitration under Section 8 shall be brought in the courts of the State of California.

You agree to indemnify, defend and hold harmless Thrifty Thinker and the Thrifty Thinker Parties from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; and (b) any activities or actions by you that violate the terms of this Agreement or any third-party rights (including, without limitation, any intellectual property rights, or any third-party terms of use, privacy policies or other agreements).

The failure of Thrifty Thinker to enforce or exercise any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision of this Agreement is void, unlawful or unenforceable, that provision is deemed severable from this Agreement, and such severance does not affect the enforceability and validity of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and Thrifty Thinker concerning the Site.

If you have any questions about the Site or this Agreement, please contact us by email at support@thriftythinker.com.