Welcome to Deal Events. The following terms and conditions (the "Agreement") form a binding agreement between you and the Deal Events, Inc. referenced below
ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Deal Events, Inc. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Deal Events, affiliates of Deal Events or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Deal Events, and Deal Events shall not be responsible for any data lost while transmitting information on the Internet. While it is Deal Events’ objective is to make the Site accessible 24 hours per day, 7 days per week, the Site 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 the control of Deal Events, access to the Site may be interrupted, suspended or terminated from time to time.
Deal Events shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Deal Events may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Deal Events shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Deal Events, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Deal Events, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEAL EVENTS, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Deal Events owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Deal Events or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Deal Events shall not be deemed to be in the public domain but rather the exclusive property of Deal Events, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Deal Events unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Deal Events does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Deal Events the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Deal Events the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Deal Events, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
Deal Events reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Deal Events by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Deal Events with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DEAL EVENTS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE 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 SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEAL EVENTS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL DEAL EVENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL DEAL EVENTS’S LIABILITY IN CONNECTION WITH A DEAL EVENTS EXCEED THE AMOUNTS PAID FOR SUCH DEAL EVENTS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Deal Events shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Deal Events, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Deal Events shall have the right, but not the obligation, to remove any material that Deal Events, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Deal Events a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Deal Events, its 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 products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Deal Events from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Deal Events may terminate this Agreement at any time. Without limiting the foregoing, Deal Events shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Deal Events, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.”
Deal Events is a trademark of Deal Events, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Deal Events are the property of their respective owners.
15. Third-Party Content.
Deal Events, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Deal Events has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Deal Events.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Deal Events. Deal Events neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Deal Events by anyone other than authorized Deal Events employee spokespersons while acting in official capacities. Under no circumstances will Deal Events be liable for any loss or damage caused by an end user’s reliance on information obtained through Deal Events. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Deal Events.
Deal Events contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Deal Events of the contents on such third-party sites, and Deal Events hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Deal Events expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Deal Events reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Deal Events established by Deal Events, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Deal Events arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Deal Events; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Deal Events’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Deal Events will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Deal Events shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
18. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND DEAL EVENTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEAL EVENTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of Deal Events.
You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
II. TERMS OF SALE
The Voucher you purchase through Deal Events is redeemable for goods or services by the Merchant. The Merchant, not Deal Events, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Deal Events sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
- Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.
- Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine-in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither Deal Events nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
- Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
- Void to the extent prohibited by law.
If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2012, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Deal Events’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Deal Events has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
- Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges unless permitted by the merchant.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither Deal Events nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2012, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All Deal Events Vouchers.
All Vouchers shall be subject to the terms and conditions of Deal Events and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Deal Events and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Deal Events, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Deal Events [and explain your situation in writing] and Deal Events will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Deal Events.
4. Products available for sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Deal Events reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Deal Events does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
Deal Events will provide a refund of the purchase price paid by you for any Deal within 24 hours after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After 24 hours, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
6. Playing Nicely
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. Deal Events will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
III. Deal Events Reward Program: Terms of Service
These Terms and Conditions ("Terms") apply to the Deal Events Rewards Program ("Program") offered by Deal Events ("Deal Events") to Deal Events End Users in good standing ("Member" or "you"). Please read these Terms carefully as they govern all aspects of the Program. By participating in the Program you agree to the Terms.
The Program is designed to reward Deal Events Members that conduct certain transactions through the Deal Events website at www.dealevents.com (the "Site"). Members are awarded certain points ("Points") that they can redeem for Deal Events, in accordance with these Terms. The effective date ("Effective Date") of this Program is September 19, 2011.
*Please note that this Program is only available in certain geographical areas. During this roll-out, only eligible Members invited by Deal Events in those areas will be eligible to participate in the Program.
1. Eligibility to Participate.
Participation in the Program is limited to Deal Events End Users in good standing who are 18 years of age and older, or the age of majority in their stated of residence, whichever is older and residents of the United States of America. The Program is maintained for the benefit and participation of individual Members only. Groups, corporations, associations or other legal entities are not eligible. Each Member may maintain only one account under the Program. Duplicate accounts will be subject to cancellation. Only the Member named on the account will be entitled to Points issued on that account. You do not need to take any special steps to participate in the Program. You are automatically enrolled once you become a Member of Deal Events.
2. Qualifying Activities.
The following activities ("Qualifying Activities") may result in the award of Points to Members participating in the Program:
- Purchases made by you of products and services at www.dealevents.com ("Qualifying Purchase"), and
- Any other action that Deal Events may, from time to time in its sole discretion, promote or designate as a "Qualifying Activity".
No Points will be awarded for Qualifying Activities that occur prior to the Effective Date of the Program or before the start date of the promotional offer to which the Qualifying Activity relates.
3. Determination of Points.
Each Qualifying Activity will result in the award of a certain number of Points as specified by Deal Events. The number of points will typically be displayed on the Site prior to your engaging in the Qualifying Activity or be communicated to you via an email message. The specified Points will be added to the account of the Member that engaged in the Qualifying Activity. Points cannot be combined across more than one Member account.
All Points are subject to review and verification by Deal Events. Deal Events reserves the right to withhold or delay the award of Points until it has confirmed or cleared the transaction constituting the Qualifying Activity. Deal Events reserves the right, at its sole discretion, to adjust a Member's account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Points or the Program. All decisions of Deal Events with respect to the issuance, deduction, adjustment or use of Points shall be final and binding on all Members.
Deal Events further reserves the right to deduct Points already awarded if it discovers in its sole discretion that the Qualifying Activity was invalid, fraudulent or did not comply with Deal Events policies and procedures. For all returned purchases associated with a Qualifying Purchase made by you, Deal Events reserves the right to deduct the Points earned for such purchase from your Program account.
Accrued Points do not constitute the property of any Member. Points are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. Points accrued in a Member's account shall be maintained in that account until it is redeemed for an award or until it expires, whichever occurs first.
ALL POINTS EXPIRE IN A MEMBER ACCOUNT SIX (6) MONTHS FROM THE DATE OF LAST QUALIFYING DEAL EVENTS PURCHASE FOR THAT ACCOUNT.
A Member may redeem Points for Vouchers and other items Deal Events may offer from time to time. A Member may redeem Points for Vouchers. The procedures for redeeming Points are set forth at www.dealevents.com/users/current_user/reward_activity. When redeeming Points for Vouchers, you must have enough Points to pay for the entire Deal Events purchase. Your account balance of Points is adjusted as Points are earned and redeemed. Points cannot be redeemed for cash, are not transferable and have no face value. Points may only be redeemed for purchases and other items on www.dealevents.com.
5. Other Terms and Conditions.
A. Participation in the Program and use of the Deal Events Site are also subject to the Deal Events Terms of Service, which can be found at www.dealevents.com/reward/terms_of_service. In the event of any conflict between these Terms and the Deal Events Terms of Service, the Deal Events Terms of Service shall prevail. Participation in the Program is also subject to any terms and conditions, rules, regulations, policies, and procedures relating to the Program ("Program Rules") that Deal Events may, at its discretion, adopt from time to time. Deal Events has the sole right to interpret and apply the Program Rules. Each Member shall be responsible for remaining knowledgeable as to the Program Rules and the amount of Rewards in his or her account. The decisions of Deal Events shall be final and binding as to all matters relating to the interpretation and application of these Terms or the Program Rules.
B. These Terms, together with the Deal Events Terms of Service and the Program Rules, represent the entire agreement of the parties with respect to the Program and supersede any and all prior agreements, communications or understandings regarding the same. Deal Events reserves the right to modify or terminate this Program at any time, including, but not limited to, changing the Terms, benefits, conditions of participation or earning levels, even though changes may affect the value of the Points already accumulated. Deal Events may, among other things, withdraw, limit, modify or cancel any award; increase the number of Points required for any award; modify or regulate the transferability of awards or benefits; add an unlimited number of blackout dates; or limit the number of awards available to Members. Members, in accumulating Points, may not rely upon the continued availability of an award or award level, and Members may not be able to obtain all offered awards or use awards at all Merchants.
C. Deal Events may modify these Terms or terminate the Program at any time, in its sole discretion, by posting amended Terms or a termination notice on the Rewards section of the Deal Events Site, or by sending an email to the email address tied to the Member's account with Deal Events. Such notice shall be effective immediately after it is posted or emailed. If an amendment is not acceptable to you, your only recourse is to opt out of the Program.
D. This Program is void outside the United States and where prohibited or restricted by law.
E. Deal Events may, in its sole discretion, suspend or terminate any Member's account under this Program, including any ability to redeem Points, for any violation of these Terms, the Terms of Service or the Program Rules, or for any fraudulent or other activity that Deal Events considers detrimental to the Program or for any other reason that Deal Events deems appropriate.
F. Each Member is solely responsible for any federal, state and other tax liabilities relating to or arising out of his or her participation in the Program, receipt or redemption of Points. Each Member is also responsible for, and if requested, shall pay, any sales and other taxes that may be charged on any award of Points, any Qualifying Activity, or any redemption.
G. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEAL EVENTS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE PROGRAM AND ANY PRODUCT OR SERVICES RECEIVED IN CONNECTION WITH THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE.
H. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBER HEREBY RELEASES AND WAIVES, AND DEAL EVENTS AND ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAM OR ANY PRODUCTS, SERVICES, MERCHANDISE, FOOD OR OTHER ITEMS RECEIVED IN CONNECTION WITH THE REDEMPTION OF POINTS. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
I. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS.
J. Deal Events is not responsible for printing or typographical errors in any Program related materials; for stolen, lost, late, misdirected items; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system or are processed, reported or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer or telephonic malfunction or error, including inability to access any web site associated with the Program, or process any transaction thereon. If in Deal Events' opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if computer virus, bugs, unauthorized intervention, fraud or technical difficulties or failures compromise, or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, Deal Events reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend the Program, or to terminate the Program.
K. These Terms and any legal issues arising out of the Program are governed by and in accordance with the laws of the State of Delaware (exclusive of its rules regarding conflicts of laws). By participating in the Program, each Member agrees that any dispute or claim arising out of or in connection with these Terms or the performance, breach or termination thereof, or the Program, shall be finally settled by arbitration in Brooklyn, NY under the Commercial Arbitration Rules of the American Arbitration Association.