Last updated January 10th, 2013
TABLE OF CONTENTS
1....... OVERVIEW OF THE DAILY DEALS SERVICE
2....... AGE OF USERS
4....... PERMITTED USE
5....... DEALS OFFERED ON THIS SITE
(a)..... About Deals
(b)..... General Terms and Conditions for Deals and Information on Expiration
(c)..... Merchants are Responsible for Deals
(d)..... Daily Deal Descriptions, Purchases and Pricing
(e)..... Refund Policy
(f)...... Deal Dollars
(g)..... Lost Vouchers
6....... COMMUNICATION SERVICES; USER CONTRIBUTIONS
7....... PROPRIETARY RIGHTS
8....... REGISTRATION; USERNAME AND PASSWORD
9....... SUBMITTED MATERIALS
10..... PRIVACY AND PROTECTION OF PERSONAL INFORMATION
11..... THIRD PARTY WEB SITES
12..... DISCLAIMER OF WARRANTIES
13..... LIMITATION OF LIABILITY
14..... NO UNLAWFUL OR PROHIBITED USE
17..... TERMINATION OF RIGHTS OR ACCESS
18..... Effect of Termination/Survival of Selected Provisions
19..... Dispute Resolution – Arbitration, Class Action Waiver and Forum Selection Clause
20..... Applicable Law
21..... Entire Agreement
23..... COPYRIGHT NOTICE
24..... NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
25..... Contact Information
26..... Effective Date
1. OVERVIEW OF THE DAILY DEALS SERVICE
Got Daily Deals is a local deals website operated by Digital First Media, Inc. through which you can use the Site to buy promotional offers or daily deals (“Deals”), typically from businesses in your local area (“Merchants”), and receive vouchers usable to redeem such Deals (“Service”). The Service is only a service to enable you to purchase Deals directly from Merchants. Digital First Media, Inc. is not the seller or issuer of Deals or Vouchers that Merchants make available on the Site.
You are required to create an account with Digital First Media, Inc. in order to purchase any Deal. This is required so we can provide you with easy access to print your Vouchers, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.
2. AGE OF USERS
You must be at least 18 years old to be eligible to use this Service. No one under age 18 may use this Service.
Digital First Media, Inc.may at any time terminate, change, limit, suspend or discontinue any aspect of the Service, including your account on the Service and/or the availability of any content, functions, or resources of the Service, at any time and for any reason or no reason. Digital First Media, Inc. also may impose limits or restrictions on certain functions.
You are responsible for obtaining and maintaining all telephone, Internet connectivity, computer hardware, and other equipment and network infrastructure needed for access to and use of the Service, and for all charges related thereto. Digital First Media, Inc. is not liable for any damage or interruption to your equipment or other network infrastructure resulting from the use of the Service.
4. PERMITTED USE
Except to the extent expressly permitted in the preceding paragraph, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Service or its content or functionality without Digital First Media, Inc.'s express prior written consent. You are not allowed to modify the content displayed on this Service and, if you make copies as expressly permitted in the preceding paragraph, you agree to keep intact all copyright, trademark, and other proprietary notices.
5. DEALS OFFERED ON THIS SITE
(a) About Deals
Deals are promotional offers provided by Merchants. While you can view Deals without registering for an account on the Service, only registered users can place orders for and buy Deals.
(b) General Terms and Conditions for Deals and Information on Expiration
The Voucher you purchase through the Service is redeemable by the Merchant as described in the Deal. YOU ACKNOWLEDGE AND AGREE THAT The Merchant, not DIGITAL FIRST MEDIA, INC., is the ISSUER of the Voucher and the SELLER OF THE DEAL, and the Merchant is solely responsible for redeeming and honoring any Voucher you purchase.
Most Vouchers have two separate values: (a) the “paid value” and (b) the “promotional value”. The paid value is the amount that you paid for the Deal; the promotional value is an amount in excess of the amount you paid for the Deal. For instance, if you pay $10 for a Deal, and you can redeem the Voucher for $25 at a Merchant, the paid value is $10 and the promotional value is $15.
Except for Deal Vouchers that are redeemable for an event that is to take place on a specific dates or dates (e.g., a concert, art show, cruise) or an event or venue only open for a limited time (e.g., Halloween haunted house) (collectively “Dated Events”), the paid value of a Deal Voucher will not expire. Merchants may, however, specify that the promotional value may expire after a specified date. Any applicable promotional value expiration date will be printed on the Voucher.
If your Deal is redeemable for a certain value of merchandise (e.g., pay $10 for a Voucher exchangeable for $25 in merchandise), you may redeem your voucher over multiple visits. However, when you make a purchase, the purchases will be subtracted from the paid value portion of your Voucher first. If your Deal is redeemable for a specific item or service (e.g., pay $10 for a Voucher exchangeable for a manicure), after the promotional value expiration date an unused Voucher is redeemable for the paid value (e.g., $10) at the Merchant.
Vouchers for Dated Events must be redeemed before or on the event date since the Voucher will not be redeemable thereafter.
Unless otherwise stated on the Deal Specific Terms, all Vouchers are subject to the following general rules and restrictions.
· Once a Deal is purchased, no fee or charge will be imposed by Merchant on the Voucher for redemption of the Voucher, other than sales tax or other fees that are required by law.
· Except as stated above, Vouchers may not be redeemed for products, services, events, or venue fees other than those specified on the Voucher.
· Vouchers may not be used to pay account balances or for purchases made from the Merchant prior to the purchase of the Deal.
· Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited, unless otherwise required pursuant to applicable law.
· Vouchers are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If the law in your state permits you to cash out your Voucher once it falls below a certain threshold, the Merchant (as the holder, issuer and seller of the Voucher) is responsible for such cash redemption.
· Vouchers may not be combined with any other offer, coupon, promotion or discount or certificate.
· Limit one Voucher per person per visit or purchase.
· The Merchant will accept the first Voucher presented with the unique number printed on the Voucher.
· All restaurant Vouchers are valid for dine in only unless otherwise stated on the Voucher.
· Vouchers may not be used for shipping or handling, tips or gratuities or other fees except as permitted by applicable law.
- You may not resell a Voucher unless required by law. Vouchers are not transferable except by using the gifting function of the Service or as may be required by applicable law. If you provide the Voucher as a gift to another person using our gifting function, the recipient may not further transfer the Voucher unless required by law.
- You may use the gifting function of Daily Deals to buy a Voucher for another Daily Deals member or a non-member.
- We and Merchants reserve the right to correct mistakes in Deal terms and conditions (that is, to correct mistakes in the specific terms on the Voucher itself).
- We and Merchants reserve the right to limit the geographic areas from which Deals may be purchased and used.
- Some payment processes for purchases transacted through this site are handled by NimbleCommerce on your behalf.
Any attempted redemption of a Voucher in violation of these terms and conditions will render the Voucher void.
(c) Merchants are Responsible for Deals
Digital First Media, Inc.makes Deals available through the Service and is selling Deals to you on behalf of the Merchants. The Merchant is the sole provider of all products, goods, services or other items related to the Vouchers. If you have any issue with quality, availability or satisfaction with a Merchant’s products, goods, services or other items, you agree to address it exclusively with the Merchant. The Merchant will be solely responsible for all products, goods, services or other items and for any costs, injuries, claims, or losses (including personal injury or death) that may arise from its products, goods, services or other items, as well as for any unclaimed property liability arising from unredeemed Vouchers.
YOU AGREE THAT DIGITAL FIRST MEDIA, INC. WILL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY OF THE PRODUCTS, GOODS, SERVICES OR OTHER ITEMS THAT ARE the SUBJECT OF ANY DEAL (OR MERCHANT’S PROVISION OR FAILURE TO PROVIDE SUCH PRODUCTS, GOODS, SERVICES, OR OTHER ITEMS). You hereby release and forever discharge Digital First Media, Inc. (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any Deal, including any dispute that you may have with a Merchant relating to a Deal or Voucher, or any products, goods, services or other items that are the subject of a Deal or Voucher. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(d) Daily Deal Descriptions, Purchases and Pricing
Digital First Media, Inc.does not warrant that the descriptions of any given Deal are accurate, complete, reliable, current or error-free. Digital First Media, Inc.does not represent or endorse, and shall not be responsible for the safety, quality, accuracy, reliability, integrity or legality of any Deal or Voucher or anything purchased from a Merchant pursuant to a Voucher acquired from the Site, or the ability of Merchant to redeem any daily deal Vouchers purchased.
Digital First Media, Inc.does not guarantee that Deals listed on the Site are the best available rates for a given product, service, or venue fees.
(e) Refund Policy
You may request a refund of the paid value (only) of a Deal from Digital First Media, Inc., if you have not redeemed the Voucher, in the following instances:
· The Merchant went out of business before you could redeem your Voucher.
· You attempted to redeem your voucher, but the Merchant would not permit redemption.
Digital First Media, Inc. reserves the right, in its sole and exclusive discretion, to offer refunds in other instances but is not obligated to do so.
Digital First Media, Inc.may elect, in its sole discretion, to refund the paid value of a deal in the form of Deal Dollars in all other instances.
To make a refund request, contact Digital First Media, Inc.through this web-form: http://www.bocodeals.com.
(f) Deal Dollars
Deal Dollarsare a form of Site currency redeemable only toward future Got Daily Deal purchases. Digital First Media, Inc. occasionally runs promotions whereby you can obtain Deal Dollars for free.
Digital First Media, Inc. reserves the right to discontinue Deal Dollars or modify these terms. To accumulate and redeem Deal Dollars, you must create, and maintain in good standing, a Digital First Media, Inc. account registered with a valid credit card.
Deal Dollars do not expire. Deal Dollars are not redeemable for cash, are non-transferrable, cannot be resold and cannot be combined or merged with Deal Dollars in any other account registered to you or another person, unless required by law. Unauthorized or fraudulent use of Deal Dollars is prohibited. Digital First Media, Inc. reserves the right to cancel, revoke, or otherwise prevent the issuance of Deal Dollars in cases of mistake and in any suspected case.
(g) Lost Vouchers
Neither Digital First Media, Inc. nor any Merchant is responsible for lost or stolen Vouchers. If you lose your Voucher, go to the “My Account” section of http://www.bocodeals.com and reprint your Voucher.
6. COMMUNICATION SERVICES; USER CONTRIBUTIONS
You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third-party intellectual property or proprietary rights, disrespectful, invasive of personal privacy, or otherwise objectionable. You agree not to supply any User Contribution that includes any virus, worm or other harmful code or software. You will not create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity (includingDigital First Media, Inc.), and you agree not to forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Contribution. You agree not to include, in any User Contribution, any advertisement, offer, prize, game, contest or promotion of any kind.
Digital First Media, Inc.has the right, but not any obligation, to monitor and/or review all User Contributions. Digital First Media, Inc. also reserves the right at all times to disclose any information as Digital First Media, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any information or materials for any reason.
You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about yourself or others in your submissions to our Communication Services. In using the Communication Services, you agree to respect other persons’ privacy rights.
7. PROPRIETARY RIGHTS
8. REGISTRATION; USERNAME AND PASSWORD
9. SUBMITTED MATERIALS
We are not responsible for any statement, opinion or advice in any Submitted Materials supplied by other users. You rely on any such Submitted Materials at your own risk.
10. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
11. THIRD PARTY WEB SITES
While on this Service or using any content or functions, you may have the opportunity to link from the Service to third-party web sites, and third-party web sites may in turn link to the Service. Digital First Media, Inc. makes no representations whatsoever about any other web site that you may access in this way. In addition, a link to a third party web site does not mean that Digital First Media, Inc. endorses or accepts any responsibility for the content, or the use, of such web site. Digital First Media, Inc. provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party web sites. You use all third-party websites at your own risk. When you follow a link to a third-party web site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party website.
12. DISCLAIMER OF WARRANTIES
THE SERVICE AND ITS CONTENTS, INCLUDING DEALS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE SERVICE AND ITS CONTENTS MAY INCLUDE INACCURACIES OR ERRORS, MAY BE OUT-OF-DATE, OR INOPERABLE AND ARE SUBJECT TO CHANGE AT ANY TIME. DIGITAL FIRST MEDIA, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICE AND ITS CONTENTS, INCLUDING DEALS, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, BE ERROR-FREE, OR MEET USERS’ REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
DIGITAL FIRST MEDIA, INC.ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY RESOURCES FROM THE SERVICE.
13. LIMITATION OF LIABILITY
14. NO UNLAWFUL OR PROHIBITED USE
You may access the Service for the sole purpose of reviewing and purchasing Deals and using the functions on the Service in accordance with its documentation. You agree not to use the Service for any other purpose. In particular: you may not access this site by automated means or “spider” or “scrape” its contents; you may not access this site for any commercial purpose; and you may not use this site for data discovery, market research, analysis, or reporting.
You may not use the Service or its content or functions in any manner that could damage, disable, overburden, or impair any Digital First Media, Inc. server or any other computer or network component or system or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain access to the Service, other accounts, computer systems or networks connected to any Digital First Media, Inc. server or to any of its functions or content, through hacking, password mining or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You may not use bots or spiders or other similar methods to scan or obtain information. You may not create images or thumbnails of the Service or any of its content or functions without express, prior, written permission of Digital First Media, Inc. You may not mirror any of the content from this Service on another web site or in any other media. You may not insert your own or a third party’s advertising, branding or other promotional content into or in any frame around the Service or any of its content or functions. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent any protections, reverse engineer, decrypt encrypted data, or otherwise alter or interfere with the Service.
“Got Daily Deals” and all other trademarks owned by Digital First Media, Inc. or its affiliates, including associated logos, are trademarks of Digital First Media, Inc. or its affiliates in the U.S. and other countries. The names of services or products mentioned herein may be the trademarks of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without our written permission or that of any relevant third party rights holder. Rights not expressly granted herein are reserved.
17. TERMINATION OF RIGHTS OR ACCESS
18. Effect of Termination/Survival of Selected Provisions
19. Dispute Resolution – Arbitration, Class Action Waiver and Forum Selection Clause
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules:(a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law;(f) the arbitrator shall not be bound by rulings in prior arbitrations involving different Digital First Media, Inc.users, but is bound by rulings in prior arbitrations involving the same Digital First Media, Inc.users to the extent required by applicable law; (g)the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (h) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (i) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Santa Clara County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Santa Clara County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, 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, either subpart (a) or (b) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
20. Applicable Law
This Service is controlled, operated and administered from within the United States of America. Digital First Media, Inc. makes no representation that the content or functions available at this Service are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Service from a location outside of the United States, you are responsible for compliance with all local laws.
21. Entire Agreement
23. COPYRIGHT NOTICE
The Service and its contents are protected by U.S. and international copyright laws and treaties. Copyright © 2012 Digital First Media, Inc. All rights reserved.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Digital First Media, Inc.is committed to respecting others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Digital First Media, Inc.’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Digital First Media, Inc. that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Digital First Media, Inc.’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
BoCoDeals - Copyright
5450 Western Ave., Boulder, CO 80301
25. Contact Information
Correspondence regarding any Deal or Voucher should be directed to: Digital First Media, Inc., ATTN: Got Daily Deals Customer Service, 750 Ridder Park Drive, San Jose, CA 95190 or through the web-form http://www.bocodeals.com/pages/contactus. All other correspondence should be directed to: Digital First Media, Inc., ATTN: Legal Dept., 750 Ridder Park Drive, San Jose, CA 95190
Subject to your rights under applicable law, you agree to accept electronic communications from Digital First Media, Inc. and agree that notices, disclosures, and other communications that Digital First Media, Inc. provides to you electronically satisfy legal requirements (if any) that such communications be in writing.
26. Effective Date
January 8, 2013