Terms of Service
Effective Date: 11-15-12
To view the previous Terms of Service, click here.
Welcome to dealsaver.com, a shopping and advertising information service brought to you by The McClatchy Company and its digital media arm, McClatchy Interactive. A current list of The McClatchy Company's individual local newspapers can be found here: http://www.mcclatchy.com/2006/06/12/381/newspaper-websites.html. . These Terms of Service constitute a binding legal agreement between you (“you,” your” and/or “yourself”) and The McClatchy Company and its digital media arm, McClatchy Interactive (“dealsaver.com”, “we”, “us” and/or “our”). Please read them carefully as they contain important information regarding your use of the dealsaver.com sites and services, the terms of any purchase you may make through those sites and services, and may affect your legal rights.
THESE TERMS OF SERVICE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION (SECTION 11.3.), INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF SERVICE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DEALSAVER.COM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 11.3. BELOW.
1. Your Agreement with dealsaver.com
You understand and agree that, by visiting or making any purchase on dealsaver.com, and any of its affiliated sites (each a “Site”), regardless of the medium or device by which you access or use the Site or services, you are accepting, without modification, these Terms of Service. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS OF SERVICE, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE DEALSAVER.COM SITES OR SERVICES.
By using any of the Sites, you are representing that
- You are at least 18 years old, and you are capable of entering into and performing legal agreements;
- You are making legitimate purchases for your personal use and enjoyment only, or when offered, as a gift for another; and
- You have provided and will provide complete, accurate, truthful and up-to-date information to dealsaver.com in connection with the creation of any account, purchases or other use of the Site.
2. Revisions to Terms of Service
These Terms of Service are subject to revision from time to time by dealsaver.com and your continued use of any dealsaver.com Sites means you agree to, without modification, the revised Terms of Service. If you are a registered member of dealsaver.com, you will be notified of material revisions to these Terms of Service via an e-mail message to the e-mail address that you provided at registration or that you have since updated. If you are not a registered member of dealsaver.com, then you can review revisions to these Terms of Service by regularly checking this page. Material revisions to these Terms of Service will be indicated by an updated effective date at the top left corner of this page. Whether or not you are a registered member of dealsaver.com, it is your responsibility to remain apprised of any revisions to these Terms of Service and to remain in compliance therewith. Should you object to any such revisions to these Terms of Service or become dissatisfied with dealsaver.com in any way, your only recourse is to discontinue use of dealsaver.com and immediately terminate your membership by sending your request via dealsaver.com’s Contact Us page at http://www.dealsaver.com. If you have registered for dealsaver.com in more than one city, please list any or all cities to which your termination of membership is to apply in your request. Otherwise, continuing to use the membership service and continuing to visit dealsaver.com after the effective date means that you agree to be bound by any and all revisions.
When you visit dealsaver.com or send e-mails to us or text us, you are communicating with us electronically and thereby consent to receive communications from us electronically. We will communicate with you by e-mail, texting or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please note that because we do not control the Internet or any other network or device you may use to access the Site, we are not responsible or liable for the security of any information you may transmit or communicate to us and are not responsible for any loss of data during any such communication or transmission.
You will be required to register and become a member (“Members”) of dealsaver.com to purchase deals and access and use certain other content, services and features on the Sites. You agree to register and hold only one account in your own name that you are solely responsible for managing. You will be issued a unique log-in identification (“User Id”) and password to access and use your account. As a Member of dealsaver.com, you accept responsibility for all activities that occur under your account whether or not you expressly authorize such activities. You are responsible for maintaining the confidentiality of your User Id and password and for restricting access to your computer or other devices (including mobile devices) so others may not access dealsaver.com using your User Id or account in whole or in part. dealsaver.com may terminate membership and deny access to dealsaver.com to any person for any reason in its sole discretion. You will not compromise, or attempt to compromise, the security of your account and you will immediately notify us if you become aware of any loss, misuse, unauthorized use or theft of your User Id, password or account. Additionally and without limiting the generality of the preceding sentence, dealsaver.com may terminate membership and deny access to dealsaver.com to any person who, in dealsaver.com's sole discretion, violates these Terms of Service. Such termination or denial of access shall be in addition to any remedies available to dealsaver.com in law and equity.
5. How dealsaver.com Works
5.1. Role of dealsaver.com
dealsaver.com is a local and national deals website through which registered Members can buy certificates or deals ("Certificates") that are redeemable for goods and/or services generally from local businesses in your area and in other cities where dealsaver.com operates (collectively, these are referred to as "Merchants"). dealsaver.com and The McClatchy Company’s individual local newspapers, its partners and affiliates work with Merchants to provide you with the opportunity to purchase products or services at a time limited promotional rate from a particular Merchant. dealsaver.com merely acts as the venue and conduit for this purchase: it is the Member who buys, and the Merchant who sells, the Certificate. The Merchant is the issuer of the Certificate and is the seller of the products and services to which the Certificate pertains, and as such, dealsaver.com is not responsible for the quality, safety, usability, warranty and/or any other aspect of the goods and services provided. The Merchant (and not dealsaver.com) is fully responsible for the terms, conditions and restrictions for each Certificate, and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) suffered by or in respect of you or any other customer caused in whole or in part by the Merchant or its products and services. You waive and release dealsaver.com and The McClatchy Company and each of their subsidiaries, affiliates, partners, officers, directors, employees and agent from and against any Liabilities arising from or related to your use of the Certificate or the goods and/or services of any Merchant.
The Merchant is also responsible for complying with unclaimed property laws with respect to any unused Certificates. Some states' unclaimed property laws may allow you to recover some or all of the value associated with unused Certificates after a period of time. If you have questions regarding this, please contact the Merchant or your state's unclaimed property administrator, and not dealsaver.com. You also agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of Merchant Certificates or your use of Merchant Certificates to obtain products and services, and that the reporting and payment of any such applicable taxes are your responsibility.
5.2. Descriptions of Merchant Offerings
The Certificate sets forth the goods and services that can be purchased from the Merchant issuing the Certificate. Merchants are required to provide accurate and complete descriptions of those goods and services for the Certificates. However, while dealsaver.com strives for accuracy in those descriptions, it cannot and does not warrant that descriptions of Certificates or other content of the Site regarding any Merchant’s deal is accurate, complete, reliable, current, or error-free. dealsaver.com recommends you contact the Merchant directly if you have any questions regarding the description, terms or restrictions of their deal prior to purchasing a Certificate.
5.3. dealsaver.com Restrictions
There are two values assigned to each Certificate. The “Paid Value” and the “Promotional Value”. The Paid Value is the actual amount you physically paid for the Certificate. The Promotional Value is the amount the merchant is offering over and above the Paid Value and is typically only redeemable for a limited period of time as specified on the Certificate (“Promotional Period”). An example might be a Certificate for $20 worth of goods from a merchant that you can purchase from dealsaver.com at $10. In this case, the Paid Value is $10 and the Promotional Value is $20. The Promotional Value expires at the end of the Promotional Period specified on the Certificate (unless expiration of the Promotional Value is prohibited by law), but the Paid Value does not expire until it is used or redeemed (except to the extent expiration of the Paid Value is stated on the Certificate and permitted by law). In this example, you can redeem the Certificate for up to $20 worth of goods and services during the Promotional Period. After the Promotional Period, you can still redeem the Certificate for up to $10 of the Paid Value unless and until said amount has been used or redeemed. Please review Section 5.4 for more information on expiration dates applicable to the Certificates.
Except as otherwise stated on a Certificate or required by law, the following terms and conditions apply to all Certificates from all Merchants:
- Certificates cannot be combined with any other coupons, discounts, or promotions.
- If an expiration date for the promotion is stated, then the Promotional Value expires on the expiration date.
- Certificates are not redeemable for cash, except as required by applicable law.
- Certificates cannot be sold or transferred.
- No refunds, cash back, or credit will be issued for the Promotional Value.
- In the event you partially use the Promotional Value, your redemption of the purchase of Merchant's products or services will be allocated by the Merchant against the Paid Value first, and then against the Promotional Value. No refunds, cash back, or credit will be issued for any partially used Promotional Value.
- Neither dealsaver.com nor the Merchant will be responsible for lost or stolen Certificates.
- Certificates may not be duplicated and can only be redeemed once. Any such duplicates are null and void.
- Certificates or the Promotional Value cannot be used for taxes, tips, prior balances, or shipping or handling charges that might be imposed, where applicable, unless otherwise specified in the Restrictions.
- Use of Certificates for alcoholic beverages is at the Merchant's discretion in accordance with applicable laws
In addition to the conditions that apply to your use of the dealsaver.com website and purchase of Certificates generally, each Certificate you purchase through the dealsaver.com website is subject to certain additional terms and restrictions between you and the Merchant that apply to that Certificate ("Restrictions"). The Restrictions specific to a given deal appear in the deal’s title, description and restrictions areas of the page where you purchase the Certificate. Restrictions are also displayed on the printed Certificate. The applicable Restrictions form a contract between you and the Merchant. If you buy a Certificate, you accept those Restrictions with the Merchant. Please read them carefully. dealsaver.com is not a party to any of these terms between you and the Merchant. Certificates are redeemable in only the state (or states) where the Merchant's locations specified on the Certificate exist.
5.4. Certificate Expiration
Merchants may specify that the Paid Value or Promotional Value (or both) may expire after a specified date. For Certificates redeemable for goods or services, the Paid Value will expire 5 years from the date of issuance, except that Merchants are not permitted to expire the Paid Value of Certificates that are redeemable in any state that prohibits expiration periods, including CA, CT, FL, ME, MA, MN, MT, NH, ND, NJ, OR, RI, and WA, or provides for a longer period of redemption than 5 years (in which case the longer period shall apply). Moreover, Merchants are prohibited from incrementally reducing the Paid Value of a Certificate over time due to non-use or otherwise (e.g., through dormancy, service or similar fees). Merchants are solely responsible for complying with the laws in their states.
You must redeem the Promotional Value of the Merchant’s Certificate before the end of the Promotional Period specified on the Certificate. The Merchant is not obligated to honor the Promotional Value of the Merchant Offer after the end of the Promotional Period.
If you are purchasing a Certificate that is redeemable for an event that is to take place on a specific date (e.g., a concert, art show, cruise, trip, lodging, etc.) (“Event-Related Certificate”), you must redeem the Event-Related Certificate before or on the event date since the Event-Related Certificate will not be redeemable thereafter. Unless otherwise specified in the Restrictions, you will not be eligible to receive a refund from the Merchant or use the Event-Related Certificate if you fail to redeem the Event-Related Certificate for the stated event date. Event dates are not treated as expiration dates under our Certificate Expiration policy.
For more information on Certificate expiration dates, please see our FAQ page at http://www.dealsaver.com/faq.html and carefully review the Restrictions of each Certificate you purchase to identify the expiration date(s) applicable to that Certificate.
5.5. Purchasing and Redeeming Certificates
If you want to purchase a Certificate that you see in one of our promotional messages or on our Site, you must log in to your account on our Sites and make an offer to purchase the Certificate by entering your credit card information and following all of the other instructions. If you want to make an offer for a Certificate, but you do not have a Member account, you will be prompted to create one.
Most dealsaver.com Certificates by Merchants do not have a requirement for a minimum number of Members to sign up within the prescribed time period to be issued. These Certificate purchases will be charged to your credit card for your Payment immediately on completion of your purchase, and a purchase confirmation will be emailed to you on completion of the purchase transaction. However, if a particular Certificate has a requirement for a minimum number of Members to sign up within the prescribed time period, the Certificate’s offer page on the Site will clearly display the requirement on that page. In addition, Merchants may limit the number of Certificates that can be issued to any individual or in total, which limitations will be disclosed on the Certificate’s offer page on the Site.
You will not receive a Certificate, and your credit card will not be charged for your Payment, until we send you a message confirming that your offer to purchase a Certificate has been accepted by the Merchant. If the required number of Members does not sign up within the prescribed time period, then the Merchant will not issue that particular Certificate. If the Merchant has placed a limit on the total number of Certificates that can be issued, then you may not receive a Certificate if you place your order after that limit was reached. If, however, you receive a notification that your offer was accepted by the Merchant, then your credit card will be charged for your Payment and you can view the Certificate by logging into your account or from your purchase confirmation sent to you by email. The purchase confirmation will contain a link to a Certificate page on the Site where you can print out a copy of your Certificate. Each Certificate can only be redeemed or used with the Merchant once. If you purchase more than one Certificate for a specific deal (subject to any applicable restrictions on the number of Certificates per customer), your purchase confirmation will contain a link to each Certificate you purchased, and you will be able to print a copy of each of your Certificates from each of the links provided.
To redeem your Certificate, you generally will bring the printed Certificate to the applicable Merchant. However, specific redemption instructions may be included on the Certificate that will describe other redemption methods (such as entering the Certificate's code into a website or displaying the Certificate to a Merchant via a mobile device). Your Certificate will generally not be usable until after the date you purchased the Certificate, which usually will be the day after you make your purchase. We will maintain the copy of the non-redeemed purchased Certificate in your Member Area when you are logged into dealsaver.com, so that you may print it at any time. You can also contact us from our Contact Us page at http://www.dealsaver.com to request a resend of your purchase confirmation that will contain a link to your Certificate for printing, until such time when the Certificate has been recorded as redeemed, or used with the Merchant.
Exceeding or attempting to exceed quantity limits when purchasing a Certificate is expressly prohibited. Using any account to purchase Certificates for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted in these Terms of Service or a specific offer within dealsaver.com is also prohibited.
5.6. Certificate Refunds
dealsaver.com will always offer a full refund or credit of the Paid Value on all non-expired, unused Certificates within seven (7) days of their purchase by the Member from dealsaver.com, unless explicitly stated otherwise in a particular deal’s restrictions. Requests for refunds after seven (7) days are at the sole discretion of the Merchant providing the products or services described in the Certificate. In addition, dealsaver.com will always honor your request for a refund of the Paid Value of any unredeemed Certificate if the Merchant goes out of business before the Promotional Period expires.
Except as set forth in this paragraph, dealsaver.com will not offer any refund or credit at any time after a Member’s purchase for any Event-Related Certificates that take place on a specific date (e.g., a concert, art show, cruise, trip, lodging, etc.). Please refer to the Merchant’s Event-Related Restrictions and restrictions to determine if any refund terms are available directly from the Merchant. If for some reason the event corresponding to the Event- Related Certificate is canceled or rescheduled by dealsaver.com or the Merchant, we, or the Merchant, will send you an email notifying you prior to such cancelation or rescheduling. If the event is rescheduled, the email to you will include the new date for the date-specific Event-Related Certificate. If you cannot make the new date for the Event-Related Certificate, you will be entitled to a refund of the Paid Value upon request within 48 hours of the email notification with the new date for the Event-Related Certificate. If, however, the Event-Related Certificate is canceled and will not be rescheduled, we will automatically refund you the Paid Value of the Event-Related Certificate.
This Refund Policy is in addition to any rights that you may have under applicable law.
If you have trouble redeeming your Certificates for any reason, please contact us at http://www.dealsaver.com/contactus.html so we can work with the Merchant to resolve your issue.
5.7. dealsaver.com Referral Program
dealsaver.com occasionally enables you to refer friends to dealsaver.com in select cities where dealsaver.com operates (“Referral Program”). A link to the Referral Program’s rules will be available on the eligible city’s dealsaver.com pages when a Referral Program is active in a particular city. A city’s dealsaver.com pages are identified by the city reference at the top of every offer’s detail page. Since Referral Program rules may vary from city to city on the dealsaver.com Sites, please ensure you follow the correct city’s Referral Program rules. You may be eligible to receive rewards in the form of referral credit (credit available for use toward future dealsaver.com deal purchases) or to earn other benefits for referring friends. If you wish to refer friends to dealsaver.com, we provide you a unique referral link, which you can share directly with others via email, social media websites, or other communications methods. If someone clicks your link and takes a qualifying action, we may attribute that referral to you for purposes such as awarding reward credit. Credits are only usable in the dealsaver.com city where they are earned, and may not be pooled with other Members or combined from another dealsaver.com’s city’s Referral Program. For example if dealsaver.com operates a referral program in Miami, FL the terms of the Miami Referral Program apply to referrals for eligible Certificates purchased from Miami dealsaver.com pages, and any credit earned from the Miami Referral Program can be only be used for future Certificate purchases from Miami dealsaver.com pages. dealsaver.com may impose restrictions on the number of rewards allowed per member, and in dealsaver.com’s sole discretion, render void any credit due or previously issued to a Member, if fraud or any activity contrary to the program’s rules is suspected.
5.8. Promotion Codes
dealsaver.com may offer promotion codes (“dealsaver Promo Codes”) that Members can apply to the future purchase of Certificates. In order for a dealsaver Promo Code to apply, it must be entered in the payment section of the dealsaver.com purchase transaction page when purchasing a Certificate. dealsaver Promo Codes cannot be applied to previously placed purchases. dealsaver Promo Codes are not transferable and not redeemable for cash, credit, or Referral Program rewards. dealsaver Promo Codes are not available for use on every dealsaver.com Certificate offer. dealsaver Promo Codes are only valid for purchases from the dealsaver.com’s city pages from the dealsaver.com city they were issued. dealsaver Promo Codes may have quantity or time-based restrictions and other restrictions as specified by dealsaver.com. Only one dealsaver Promo Code may be used per purchase and dealsaver Promo Codes can only be used one time per person. The value of a dealsaver Promo Code can never exceed the value of a purchase.
Merchants may also issue their own promotion codes (“Merchant Promo Codes”) in connection with Certificates issued by them. Such Merchant Promo Codes may be required to complete the purchase of the product or service described in the Certificate, such as completing an online purchase. Merchant Promo Codes are subject to the terms and conditions applicable to Certificates, including, but not limited to, applicable quantity or time-based restrictions, restrictions on transferability, and no cash redemption.
6. Your Use of dealsaver.com
6.1. Copyright and Other Intellectual Property Rights
All material published on the Sites, including deal content, articles, photos, Content Feeds, graphics, bulletin board postings, audio and video clips, trademarks, service marks, and other content ("Content"), is copyrighted or trademarked either by dealsaver.com, the individual McClatchy Company local newspaper hosting or publishing the Site, or by other Content or Merchant deal providers who have licensed their content for use on the Sites. Additionally, the entire Content of dealsaver.com is protected by copyright as a collective work owned by McClatchy Interactive. Except as permitted under Section 6.2, you may not reproduce, republish or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors, other deal providers and other third parties, including Member Content, without the written consent of the applicable copyright owner. dealsaver® is a registered trademark of McClatchy Management Services, Inc. Unauthorized use is strictly prohibited.
6.2. License Grant to Access dealsaver.com
Subject to these Terms of Service, dealsaver.com grants you permission to access the Sites and view the Content solely for your personal, non-commercial use. In addition to viewing Content online, you may electronically store a reasonable portion of the Site Content for your personal, non-commercial use by making a single electronic copy on your computer's hard drive, or a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the Content or create a database using the Content.
These rules also apply to your use of the dealsaver.com Sites:
- You will not in any way infringe or misappropriate any of the intellectual property in and to the Content accessible through dealsaver.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of dealsaver.com or others except as expressly permitted herein.
- You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it, whether over the World Wide Web or otherwise, and whether or not for payment, without the express written permission of dealsaver.com or a third-party copyright holder, except that in some cases you may use individual items that appear on dealsaver.com as specifically designated by the functionality of dealsaver.com (e.g., e-mail a deal to a friend or share a deal on social media sites). In such cases we communicate such rights to you directly in the applicable portion of the Content.
- You will cooperate promptly and completely with any reasonable request by the individual McClatchy Company local newspaper or dealsaver.com related to an investigation of infringement of copyright or other proprietary right.
6.3. Member-Submitted Content
Members and other users of the Sites may be able, as dictated by the functionality of the Sites, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the Sites ("Member Content"). You are solely responsible for Member Content that you submit, and dealsaver.com acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, dealsaver.com reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, any applicable law or any copyright or other third-party rights.
By submitting or otherwise making available any Member Content to dealsaver.com, you automatically grant the individual McClatchy Company local newspaper and dealsaver.com a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such Member Content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of dealsaver.com (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such Member Content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way dealsaver.com uses such content. You also grant the individual McClatchy Company local newspaper and dealsaver.com the right to use any material, information, ideas, concepts, know-how, or techniques contained in any Member Content or other communication you provide, submit, or otherwise make available to dealsaver.com or to the individual McClatchy Company local newspaper for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to the individual McClatchy Company local newspaper and dealsaver.com that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above, and that use of the Member Content by dealsaver.com does not conflict or violate any agreement to which you are bound. By submitting Member Content, you further warrant and represent that the Member Content does not infringes on any third-party right of privacy, right of publicity, or any third-party copyright, trademark, patent, or trade secret or any other third-party right or proprietary interest.
6.4. Content Feeds
6.4.1. License Grant for Content Feeds
dealsaver.com offers or may offer content feeds, consisting of a selection of offer details, deal headlines, summaries, text blurbs, and links to full deal content, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that dealsaver.com elects to offer Content Feeds(s), dealsaver.com grants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Personal Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes Content from the dealsaver.com Site not specifically included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the deal headline and summary of a deal on dealsaver.com, the foregoing license does not give you the right to display the entire deal content on your Site. Content Feeds shall not be reproduced, displayed or use on any website that is used for commercial purposes except with the prior written consent of dealsaver.com.
6.4.2. Reservation of Rights
Except as expressly set forth in Section 6.4.1, and/or unless otherwise consented to in writing by dealsaver.com, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.
6.4.3. Further Restrictions; no Modification
Unless otherwise consented to in writing by dealsaver.com, you will: (a) display the Content Feed on your Personal Site in the exact form received by you, and not modify or edit it; (b) ensure that the fundamental meaning of the Content Feed is not changed or distorted; (c) comply with all applicable laws and all limitations and restrictions (if any) placed by dealsaver.com on the use, display or distribution of any Content Feed. You will not (s) archive any Content Feeds for access by users at any future date after the Content Feed has been removed from your Personal Site; (t) display the name, logo, trademark or other identifier of another person on your Personal Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of dealsaver.com; (u) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the Content Feed(s), including without limitation, the size, color, location or style of dealsaver.com's marks; (v) make any representation or warranty on behalf of dealsaver.com or make any disparaging or derogatory statement regarding dealsaver.com or the Content Feed; (w) incorporate any Content Feeds on any site containing nudity or pornographic material, that displays material that exploits children under the age of 18, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the dealsaver.com in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading; (x) display the Content Feed in a manner that does not allow for successful linking and redirection to, and delivery of, dealsaver.com's page; (y) frame any dealsaver.com page; or (z) fail to stipulate that the Content Feed is supplied by dealsaver.com and is protected by copyright and owned by dealsaver.
If you use the Content Feed services, you warrant that your Personal Site does not infringe the intellectual property of any third parties. You further warrant that your Personal Site violates no applicable law.
6.4.5. Limitations on linking and Framing
You are free to establish a hypertext link to the home page of our Sites so long as the link does not state or imply any sponsorship of your website or service by us or by our dealsaver.com site. However, you may not, without our prior written permission, deep-link to any portions of our Sites, frame or inline link any of the Content of our Sites, or incorporate into another website or other service any of our material, Content or intellectual property, except with the prior written consent of dealsaver.com.
6.5. Site Availability
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the dealsaver.com Sites accessible, the Sites 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 site access may be interrupted, suspended or terminated. dealsaver.com retains the right at our sole discretion to deny service, or access to the Sites to anyone or an account, at any time and for any reason.
6.6. Websites of Others
The dealsaver.com Sites contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we 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 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.
7. Digital Millennium Copyright Act ("DMCA")
dealsaver.com respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, dealsaver.com will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.
If you believe that dealsaver.com or any user of dealsaver.com has infringed your copyright, please notify our Copyright Agent and provide the following information.
- An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- An identification of the material on dealsaver.com that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow us to locate the material on our site.
- Your name, 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 declaring that the above information in your Notice is accurate made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent for dealsaver.com is Karole Morgan-Prager, General Counsel, who can be reached at 2100 Q Street, Sacramento, CA 95816, or at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. Online Conduct
- Provide any information that is false, misleading or inaccurate.
- Use any portion of dealsaver.com for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of dealsaver.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of dealsaver.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of dealsaver.com for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Interfere with any other person's use of or the proper functioning of dealsaver.com.
- Misrepresent your identity or impersonate any person.
- Hold yourself out as sponsored by, endorsed by, or affiliated with an individual McClatchy Company local newspaper or dealsaver.com.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by individual McClatchy Company local newspapers or dealsaver.com in connection with dealsaver.com.
- Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from dealsaver.com
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of dealsaver.com, any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.
- Take any action that: (i) imposes or may impose, in dealsaver.com's sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of dealsaver.com; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of dealsaver.com.
To register a complaint about another user's conduct, please e-mail email@example.com, or write to Customer Service, dealsaver.com 111 West Hargett Street, Raleigh, NC 27601, or call 1-877-223-7355.
9. Disclaimer and Limitation of Liability
While dealsaver.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on the Sites, including, but not limited to, the terms and conditions of any Certificate or any descriptions of any product or service offered by any Merchant. . Nor does dealsaver.com warrant or guarantee that any files available for downloading will be free of defects. Neither dealsaver.com nor the McClatchy Company's individual local newspapers nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on any of the dealsaver.com Sites.
The content, services, and features of dealsaver.com and the Sites are subject to change without notice. The inclusion of any content, services, and features on dealsaver.com Sites at a particular time does not imply or warrant that these products or services will be available at any time.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of the dealsaver.com Sites and the accuracy and completeness of any information is with you.
Opinions, advice and all other information expressed on dealsaver.com forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of dealsaver.com. dealsaver.com does not endorse and is not responsible for statements, advice and opinions made by anyone, and no oral or written information or advice given by a dealsaver.com representative will create a warranty.
dealsaver.com makes no representation or warranty, express or implied, written or oral, regarding the products and services offered by any Merchant. You agree that the Merchant is solely responsible for any and all claims and Liabilities relating to their product and services and the deals offered on or through the dealsaver.com Sites. THE dealsaver.com SITE AND SERVICES, INCLUDING ANY DEALS, PRODUCTS AND SERVICES OFFERED BY MERCHANTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
9.2. Limitation of Liability
In no event will dealsaver.com, The McClatchy Company, or their parents or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Sites, the Certificates, the goods and services of any Merchant, or any information or services provided on the Sites, even if dealsaver.com has been advised of the possibility of such damages, (ii) any claim attributable to errors, omissions, or other inaccuracies published on the Sites, (iii) any failure of a merchant or advertiser to honor the terms of a deal or offer advertised on dealsaver.com other than to refund the money that you have paid directly to dealsaver.com, or (iv) any defect, shortcoming, misrepresentation or other failure of a Merchant or advertiser in performing its part of a deal on the Sites or in connection with the products and services supplied by that Merchant IN NO EVENT WILL dealsaver.com, THE MCCLATCHY COMPANY'S OR THEIR PARENTS' OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED AMOUNT THAT YOU HAVE PAID DIRECTLY TO DEALSAVER.COM FOR THE SPECIFIC DEAL TO WHICH YOU ATTRIBUTE LIABILITY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless dealsaver.com, The McClatchy Company and their parents and affiliates, and each of their respective officers, directors, employees and agents, from and against any liabilities, damages, lawsuits, claims, losses and expenses (including, but not limited to reasonable attorney’s fees and costs) arising out of or related to : (i) your use of and access of the dealsaver.com Sites; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the Sites. This defense and indemnification obligation will survive the term and your use of the dealsaver.com Sites.
We may terminate these Terms of Service, your account, or your access to dealsaver.com at any time with or without notice to you. If, at the time of termination of your account or your access to the Sites, you have not received a Certificate for any deal that you have bought, dealsaver.com will, in its sole discretion, either refund the purchase price or deliver the Certificate electronically to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of the dealsaver.com Sites and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.
This agreement between dealsaver.com and its users will be governed and interpreted under the laws of the state of California, except that the Arbitration Provision shall be governed by the Federal Arbitration Act (“FAA”). Except as provided in Section 11.3 below, courts located in Sacramento County, California have jurisdiction in any dispute arising from these Terms of Service. In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
11.3. Dispute Resolution and Arbitration
This Dispute Resolution and Arbitration provision (“Arbitration Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and dealsaver.com. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
You and we agree that any dispute, claim or controversy arising out of or relating in any way to our Sites or services, including any Certificates, user interfaces, these Terms of Service and this Arbitration Provision (collectively “Disputes”), shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, except that either party may seek injunctive or declaratory relief in a court of competent jurisdiction as specified in Section 11.2 of these Terms of Service. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms of Service and the termination of your account with us.
For all Disputes, whether pursued in court or arbitration, you must first give dealsaver.com an opportunity to resolve the Dispute. You must commence this process by mailing written notification (“Pre-Arbitration Claim Resolution Notice”) to The McClatchy Company, 2100 Q Street, Sacramento, CA 95816-6899 Attention: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If dealsaver.com does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or dealsaver.com may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline”). You may opt out of this Arbitration Provision by mailing written notification to The McClatchy Company, 2100 Q Street, Sacramento, CA 95816-6899 Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with dealsaver.com through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with dealsaver.com. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Arbitration Provision applies and the Dispute is not resolved by Pre-Arbitration Claim Resolution either you or dealsaver.com may initiate arbitration proceedings. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by these Terms of Service and the Arbitration Provision. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Provision. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or dealsaver.com may initiate arbitration in either Sacramento, California or the federal judicial district that includes the address you provide in your Pre-Arbitration Claim Resolution Notice. In the event that you select the federal judicial district that includes the address you provide in your Pre-Arbitration Claim Resolution Notice, dealsaver.com may transfer the arbitration to Sacramento, California, in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules.
dealsaver.com will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law and by the AAA Rules.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Provision shall be null and void.
You understand and agree that by entering into these Terms of Service and this Arbitration Provision, you and dealsaver.com are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Arbitration Provision, you and dealsaver.com might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
11.5. Complete Agreement
These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
11.6. Force Majeure
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
11.7. Void Where Prohibited by Law
These Terms of Service are void where prohibited by law, and the right to access dealsaver.com is revoked in such jurisdictions.
11.8. Independent Contractors
The parties hereto are independent contractors, and these Terms of Service create no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.
dealsaver.com, c/o McClatchy Interactive, 111 West Hargett Street, Raleigh, NC 27601 USA or call 1-877-223-7355 or email firstname.lastname@example.org.
13. Questions and Comments About dealsaver.com
We hope you enjoy using dealsaver.com. Questions and comments about the content of dealsaver.com may be sent by e-mail to email@example.com. We try to read all comments sent to us and try to respond to as many as possible. Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. dealsaver.com cannot address questions except those specifically about content and services we provide.