Last updated March 31, 2022
Dealify. – Acceptance of terms and conditions
The Product provides an interactive online service operated by Dealify, on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Dealify, affiliates of Dealify or merchants (“Merchants”) offering digital vouchers of deals and/or discounts (“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 Product by the End User. By using this Product, End User agrees to comply with all of the terms and conditions hereof. The right to use this Product 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 Dealify, and Dealify shall not be responsible for any data lost while transmitting information on the Internet. While it is Dealify’s objective to make the Product accessible 24 hours per day, 7 days per week, the Product 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 Dealify, access to the Product may be interrupted, suspended or terminated from time to time.
Dealify shall have the right at any time to change or discontinue any aspect or feature of the Product, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Dealify 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 Product. However, if you are at least 13 years old but not yet 18, you may use the Product in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Product.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Product and all charges related thereto. Dealify shall not be liable for any damages to the End User’s equipment resulting from the use of this Product.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Dealify, 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.
Everything located on or in this Product, including the Microsites, is the exclusive property of Dealify, 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 Product or any of the microsites without the express written permission of Dealify 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 Product 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 Product are protected by copyright as a collective work under the United States copyright laws. Dealify 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 Dealify 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 Product or a Microsite otherwise owned or operated in conjunction with Dealify shall not be deemed to be in the public domain but rather the exclusive property of Dealify, unless such Product is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Dealify unless otherwise stated.
End User shall not upload, post or otherwise make available on this Product 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. Dealify 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 Product or any Microsite, End User warrants that the owner of such material has expressly granted Dealify 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 Dealify the right to edit, copy, publish and distribute any material made available on this Product or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Dealify, 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.
Dealify reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Dealify 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 Product or any Microsite in a way that constitutes copyright infringement, you shall provide Dealify 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 Product 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. Contact information for Dealify’s Copyright Agent for notice of claims of copyright infringement is as follows:
End user expressly agrees that use of this Product and the microsites is at end user’s sole risk. Neither Dealify, 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 Product 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 Product, or any microsite, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this Product or the microsites.
This Product and the microsites are made accessible on an “as is” and “as available” basis. Dealify 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.
In no event shall Dealify, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to this agreement. In no event will Dealify’s liability in connection with a Dealify exceed the amounts paid for such Dealify, 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.
Dealify shall have the right, but not the obligation, to monitor the content of the Product and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Product, to determine compliance with this Agreement and any operating rules established by Dealify, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Dealify shall have the right, but not the obligation, to remove any material that Dealify, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Product or any Microsite, End User shall be deemed to have granted to Dealify 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 sub licensees.
End User agrees to defend, indemnify and hold harmless Dealify, 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 Product or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Product or Microsites. To the extent permitted under applicable laws, End User hereby releases Dealify 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.
Dealify may terminate this Agreement at any time. Without limiting the foregoing, Dealify 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 Dealify, 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.”
Dealify is a trademark of Dealify, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Dealify are the property of their respective owners.
Dealify, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Dealify 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 Dealify.
In many instances, the content available through this Product represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Dealify. Dealify neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Dealify by anyone other than authorized Dealify employee spokespersons while acting in official capacities. Under no circumstances will Dealify be liable for any loss or damage caused by an end user’s reliance on information obtained through Dealify. 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 Dealify.
Dealify 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 Dealify of the contents on such third-party Products, and Dealify 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 Dealify expressly permitting you to do so, you may not provide a hyperlink to the Product or any Microsite from any other website. Dealify reserves the right to revoke its consent to any link at any time in its sole discretion.
By using this Product, End User agrees that: (1) any claim, dispute, or controversy End User may have against Dealify arising out of, relating to, or connected in any way with this Agreement, this Product, 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 Dealify; (3) the arbitrator shall apply Illinois 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 Dealify’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, Dealify 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 Dealify 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 www.adr.org
i. 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 Digital Voucher offer on the Product.
– 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 Restauran
– Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
– 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.
ii. 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.
– 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.
– 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.
All Vouchers shall be subject to the terms and conditions of Dealify and the participating Restaurant or Merchant. The Merchant or Restaurant is the sellers of the goods or services which you are purchasing.