Welcome to the Kaplan Artists Group, LLC service, which includes the www.colsmfv.com website and
mobile application (the “Service”). Kaplan Artists Group, LLC (“Kaplan Artists Group, LLC” or “us” or
“our”) operates the Service, which facilitates our users receiving offers from restaurants, service providers
and other vendors (“Merchants”) based on how much users are willing to spend with such Merchants. In
your use of our Service and to set expectations for using offers received through the Service.
Policy, and any additional terms applicable to specific offers that are available to you or that you accept
IMMEDIATELY STOP ACCESSING THE SERVICE AND YOU MAY NOT ACCEPT OR USE ANY
OFFER PROVIDED THROUGH THE SERVICE.
1. Permitted Uses of the Service
The Service is designed to assist certain Merchants in making offers to End Users, and to assist End Users
in receiving and accepting offers from Merchants, for discounts on the Merchant’s goods and services
(“offers”). Offers may be accepted by End Users and exchanged for discounts, rebates or gift cards on
goods and services from the issuing Merchants, and may be subject to other specific terms of acceptance
(as further described below). As a condition of your use of this Service, you agree and warrant that:
• You are an individual person at least 18 years of age, and possess the authority to enter into a
binding legal contract; and
2. Creating an Account
If you create an account on our Service, the following terms apply:
• You may only create and hold one personal account that you are solely responsible for managing;
• You may only accept offers on the Service for your own use and enjoyment;
• You must safeguard your password and supervise the use of your account, and understand and
agree that you are responsible for your own use and the use of your account by anyone you allow
to access it;
• With respect to information you submit to the Service, all such information is accurate, true,
current and complete; and
• Your account is non-transferrable and may not be sold, combined or otherwise shared with any
If you violate any of these limitations we may terminate your account and, without limitation, you may
forfeit any pending, any unredeemed offers in your account.
3. Terms of the Offers
Offers you accept through our Service as an Kaplan Artists Group, LLC account holder are specific offers
that you accept from participating Merchants. The offers are redeemable for certain discounts, rebates or
gift cards on goods or services offered by the Merchant identified in the specific offer. The Merchant is
solely responsible for honoring and fulfilling the offer. The Merchant is the party making the offer and is
fully responsible for fulfilling all obligations created by the offer and for any and all injuries, illnesses,
damages, claims, liabilities and costs (“Liabilities”) you may suffer, directly or indirectly, in full or in part,
related to the use or redemption of (or the inability to use or redeem) an offer. You waive and release
Kaplan Artists Group, LLC and its subsidiaries, affiliates, partners, officers, directors, employees and
agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with
your use of or inability to use an offer or the goods/services associated with such offer.
with the specific offer. Any additional or different terms and conditions associated with a specific offer will
be posted along with the offer. It is your responsibility to read the entire offer and be familiar with, and
accept, those offer-specific additional or different terms and conditions. In some instances, the offerspecific
Kaplan Artists Group, LLC is merely a publisher of the Merchants’ offers contained on the Service, and
each Merchant is the sole issuer of its offers. If a Merchant refuses to honor any offer, Kaplan Artists
Group, LLC cannot be responsible for that Merchant’s conduct, and we will not refund or pay any amount
lost due to the Merchant not honoring the offer. Kaplan Artists Group, LLC will endeavor to work with the
Merchant on behalf of an End User to get the End User reimbursed for any amount of money lost due to the
Merchant’s failure to honor an offer. However, Kaplan Artists Group, LLC cannot control whether a
Merchant will honor its offers in every instance, and accordingly we cannot guarantee or be responsible for
any claims arising out of a Merchant’s refusal to honor or fulfill an offer.
4. Your Conduct on the Service
all times. You will be responsible for all of your actions or inactions with respect to your use of the Service.
You may not use the Service to do any of the following:
• Submitting any purposely inaccurate information, committing fraud or falsifying information in
connection with your Kaplan Artists Group, LLC account;
• Attempting to circumvent, modify or breach any security or authentication measures or restrictions
of the Service;
• Tampering or interfering with the proper functioning of any part, page or area of the Service or its
servers, or any and all functions and services provided by Kaplan Artists Group, LLC;
• Using the Service for any purpose other than reviewing and accepting offers from Merchants, for
aggregating current or previously offered deals, or to compete, directly or indirectly, with Kaplan
Artists Group, LLC;
• Exceeding or attempting to exceed restrictions or limits when accepting offers or otherwise using
• Accessing, monitoring or copying any content or information from this Service using any robot,
spider, scraper or other automated means or any manual process for any purpose without our prior
• Taking any action that places excessive demand on the Service, or imposes or may impose an
unreasonable or disproportionately large load on the servers or other portion of our infrastructure;
• Deep-linking to any portion of this Service other than the home page or app download link
without our prior written permission.
5. Availability of the Service
You acknowledge that there may be interruptions in the Service or events that are beyond our control.
While we use reasonable efforts to keep the Service functioning and accessible, the Service may be
unavailable from time to time for any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and outside of our control, Service
access may be interrupted, suspended or terminated. Kaplan Artists Group, LLC retains the right in our sole
discretion to deny service, or access to the Service, to anyone or an account, at any time and for any reason.
Because we do not control the security of the Internet or other networks you use to access the Service or
communicate with us, we cannot be, and are not responsible for, the security of information that you
choose to communicate with Kaplan Artists Group, LLC and the Service while it is being transmitted. In
addition, Kaplan Artists Group, LLC is not responsible for any data lost during transmission.
6. Ownership, Copyrights and Trademarks
The content and information on this Service, as well as the assets used to provide the Service, are
proprietary to Kaplan Artists Group, LLC and/or our Merchants and other vendors. You agree not to
modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any information, software, products or services obtained from or
through the Service. ANY COPYING, DISTRIBUTING, TRANSMITTING, PERFORMING,
REPRODUCING, PUBLISHING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY PART OF
THE SERVICE WITHOUT THE PRIOR WRITTEN PERMISSION OF Kaplan Artists Group, LLC IS
PROHIBITED. Any violation of this requirement may result in copyright, trademark or other intellectual
property right infringement that may subject you to civil and/or criminal penalties.
This Service, the offers and their content contain copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photographs, video, graphics, sound, trademarks,
service marks, trade names and logos, and those elements are protected by copyright and trademark laws of
the United States. Such copyrights and trademarks belong to Kaplan Artists Group, LLC and/or its
Merchants and other vendors, ALL RIGHTS RESERVED.. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the
Service, in whole or in part, without our prior written consent. You may download, print, and/or save
copyrighted material for your personal use only, and you are granted a limited license to do so.
Kaplan Artists Group, LLC encourages our End Users to use the feedback form on our Service to provide
information about the End User’s experience using the Service, which will enable us to improve the Service
and our offers that can be found on the Service. This includes any suggestions pertaining to new products,
services or vendors to add to our list of Merchants. We will not provide any compensation to you for any
ideas or suggestions you submit, but they may make the Service better or more useful for you and other
8. Websites of Others
The Service and certain offers contain links to websites maintained by Merchants and other parties. These
links are provided solely as a convenience to you and not because we control, endorse or have an opinion
about the contents on such websites. We expressly disclaim any representations regarding the content or
accuracy of materials on such third party websites or the privacy practices of those websites. If you decide
to access websites maintained by other parties, you do so at your own risk.
9. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. NEITHER
KAPLAN ARTISTS GROUP, LLC, ITS SUBSIDIARIES, AFFILIATES OR MERCHANTS, NOR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, WARRANT THAT USE OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SERVICE OR ANY OFFER, OR (II)
THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICES, PRODUCTS OR OFFERS PROVIDED THROUGH THE SERVICE. THE SERVICE AND
ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SERVICE, AND ANY
OFFERS OR RELATED PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH
THE SERVICE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS
AVAILABLE” BASIS. Kaplan Artists Group, LLC HEREBY DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE SERVICE OR THE CONTENT OR OTHER INFORMATION
CONTAINED ON THE SERVICE, OR ANY OFFERS OR RELATED PRODUCTS OR SERVICES
ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
THOSE OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
KAPLAN ARTISTS GROUP, LLC, ITS SUBSIDIARIES, AFFILIATES OR MERCHANTS, OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES RELATED TO LOSS OF USE
OR LOSS OF DATA, WHETHER IN LAW OR AT EQUITY, ARISING OUT OF OR RELATED TO
YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER INFORMATION CONTAINED
THEREIN, ANY OFFER OR THE RELATED PRODUCTS OR SERVICES ACCESSIBLE OR
KAPLAN ARTISTS GROUP, LLC’S LIABILITY IN CONNECTION WITH AN OFFER OR A
RELATED PRODUCT OR SERVICE EXCEED THE GREATER OF FIFTY UNITED STATES
DOLLARS (US$50.00) OR THE AMOUNT YOU PAID KAPLAN ARTISTS GROUP, LLC FOR THE
OFFER OR ITS RELATED PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THE
LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ANY THEORY OF LIABILITY,
WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND
WHETHER OR NOT KAPLAN ARTISTS GROUP, LLC OR ITS MERCHANTS HAVE BEEN
INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF
WHETHER ANY OTHER REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL KAPLAN ARTISTS GROUP, LLC, ITS SUBSIDIARIES OR AFFILIATES, OR
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, BE LIABLE TO YOU FOR ANY DAMAGE TO, LOSS OF,
OR THEFT OF YOUR MOBILE PHONE, TABLET OR OTHER MOBILE DEVICE WHEN USED IN
CONNECTION WITH REDEEMING AN OFFER. WE CANNOT BE HELD RESPONSIBLE FOR HOW
MERCHANT STAFF OR OTHER THIRD PARTIES OUTSIDE OF THE CONTROL OF KAPLAN
ARTISTS GROUP, LLC HANDLE YOUR PERSONAL PROPERTY.
NOTWITHSTANDING THE FOREGOING, SOME OF THE EXCLUSIONS OF WARRANTIES AND
LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT
11. Choice of Law; Mandatory Arbitration; Waiver; Claims.
PROVISIONS, REGARDLESS OF WHERE YOU LIVE. Our failure to exercise or enforce any right or
of Use shall continue to be binding upon you to the maximum extent allowed by law.
ANY OFFER (OR RELATED PRODUCT OR SERVICE) will be settled in binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”).
Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated
in any arbitration with any other claim or controversy of any other party. Such arbitration shall be
conducted EXCLUSIVELY in Columbus, Ohio and any judgment rendered may be entered into any court
having jurisdiction thereof. Either you or Kaplan Artists Group, LLC may seek any interim or preliminary
relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of
you or Kaplan Artists Group, LLC.
SERVICE OR ANY OFFER (OR RELATED PRODUCT OR SERVICE), the parties hereby expressly
submit to the exclusive personal jurisdiction of the State of Ohio courts located in Franklin County, or the
United States District Court for the Southern District of Ohio (and any courts of appeal respectively there
from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they
may now or hereafter have to the laying of venue of any such litigation brought in any such court referred
to above, including without limitation any claim that any such litigation has been brought in an
Regardless of any statute, law, regulation or otherwise to the contrary, any claim or controversy arising out
within one year after such claim or controversy arose. Failure to file such claim or controversy within the
allotted one year shall result in such claim being forever barred.
12. Indemnification and Release.
You agree, as additional consideration for your use of the Service, to defend, indemnify and hold harmless
Kaplan Artists Group, LLC, its subsidiaries and affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to
any offers or any products or services obtained through offers accepted by you in connection with the
You are solely responsible for your interactions with Merchants and other End Users of the Service. To the
fullest extent permitted under applicable laws, you hereby release Kaplan Artists Group, LLC from any and
all claims or Liabilities related to any offer, product or service of a Merchant, any action or inaction by a
Merchant, including but not limited to a Merchant’s failure to comply with applicable law and/or failure to
abide by or honor the terms of the offer.
time and at our sole discretion. Without limiting the foregoing, Kaplan Artists Group, LLC shall have the
right to immediately terminate or suspend your account in the event we consider, in our sole discretion, any
be: (i) made in a writing executed by Kaplan Artists Group, LLC; or (ii) by your acceptance of the revised
Use on the Service or otherwise notified you of such modifications. We shall attempt to notify you if we
of an e-mail notice to you or our posting of notice of the changes on the Service, provided that, these
changes will not apply to offers accepted prior to the effective date of such changes. We suggest that you
changes to the Service.
No waiver by either you or Kaplan Artists Group, LLC of any breach or default or failure to exercise any
of any similar or future rights. If a court of competent jurisdiction holds any provision of these Terms of
Use invalid, such invalidity shall not affect the enforceability of all other provisions contained in these
may not assign any of your rights or responsibilities hereunder without first receiving the prior written
any other assets to any successor or to any purchaser of all or substantially all of our assets.
Correspondence should be directed to:
Kaplan Artists Group, LLC
605 N. High Street
Columbus, Ohio 43215