TERMS OF USE and PRIVACY POLICY
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PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE DAILY DEAL “WEBSITE” OR USING ANY PART OF THE WEBSITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE THE WEBSITE.
Acceptance of Terms
The following terms and conditions govern all use of the Dealhopper, LLC Website (the “Website”). The Website is owned and operated by Dealhopper, LLC. (“Dealhopper”). The Website will publish offers (Offers) each day that can be purchased in exchange for an offer voucher (Voucher). The Website is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Dealhopper (collectively, the Terms of Use).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS, USE, OR MAKE A PURCHASE THROUGH THE WEBSITE.
Offers
Dealhopper takes no responsibility for the services or products for which Vouchers may be redeemed – Dealhopper makes no warranty to the End Users for the quality, safety, usability, or other aspect of the product or service for which the Voucher is redeemed. Some services for which Vouchers can be redeemed are activities that involve potential bodily harm (such as skydiving, etc), and for those activities, Dealhopper takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for which the Voucher can be redeemed. See, below, for more information on this limitation of Dealhopper’s liability.
Purchases
By making a purchase, you agree to abide by the restrictions included in the offer details stated by the merchant for the Voucher.
The Voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Dealhopper, is the seller of the goods and services. Dealhopper sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
Your purchase is subject, but not limited, to the following conditions. Additional conditions outlined by the Merchant apply to the Voucher.
1. Vouchers are offered at below face-value. As a result, they are redeemable only for one visit not incrementally.
2. Limit of one (1) Voucher per customer unless explicitly stated otherwise by the Merchant.
3. If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
4. The End User is responsible for paying sales tax, tip, or shipping and handling if applicable.
5. The Merchant is responsible for following state tax, gift certificate, and consumer laws.
6. The Merchant has the discretion to require advanced reservation, appointment, or to limit redemption over a period time based on the Merchants capacity.
7. Redemption of the Voucher for alcohol if applicable is at the discretion of the Merchant and is subject to state laws governing the Merchant.
8. Unless clearly stated, the Voucher is not able to be combined with other offers, discounts, or specials offered by the Merchant.
9. The Voucher, if not fully redeemed, is not good for cash. A credit for unused Voucher value is at the discretion of the Merchant.
10. Reproduction, re-sales or trade of the voucher is prohibited unless allowed by state law
11. The Voucher is void to the extent prohibited by law.
12. The Voucher expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Voucher to the extent required by applicable law.
13. Neither Dealhopper, the seller, nor the Merchant is responsible for stolen or lost Vouchers.
Refunds
Refund requests will be granted if requested from Dealhopper within 30 days after the purchase date of the Voucher on the Website, provided the Voucher has not be used. The refund will be processed within one week of the request. All refunds requested after 30 days will be accepted on a case-by-case basis as determined in the sole and absolute discretion of Dealhopper. In the event Dealhopper elects to allow a refund after 30 days, 100% of the refund payment shall be paid by the Merchant.
Changes
Dealhopper reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
Dealhopper's current privacy policy is available BELOW (Scrol down to this page to view the Privacy Statement), which is incorporated by this reference. We strongly urge you to review the Privacy Statement.
Third Party Sites
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Website. These other websites are not under Dealhopper's control, and you acknowledge that Dealhopper is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Dealhopper or any association with its operators.
Proprietary Rights
You agree that all content and materials delivered via the Website or otherwise made available by Dealhopper on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Dealhopper in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Dealhopper is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Dealhopper. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
No Warranties
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DEALHOPPER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL DEALHOPPER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Dealhopper, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees that arise from your use or misuse of the Website. Dealhopper reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Dealhopper in asserting any available defenses.
International Use
Dealhopper makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Dealhopper agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability
These Terms of Use are the entire agreement between you and Dealhopper with respect to the this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Dealhopper with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
These Terms of Use and the Website contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Dealhopper's prior written consent. Dealhopper may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Use, Dealhopper, and all Content provided by Dealhopper will be subject to the copyright Dealhopper, Inc. All rights reserved.
"Dealhopper" as well as page headers, custom graphics, buttons, images and other content on the Website, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Dealhopper, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Website is strictly prohibited.
Additional Terms and Conditions for Vouchers
if given notice within one week of purchase. All other refund requests will be accepted on a case-by-case basis.
Privacy Statement
Privacy Statement: Dealhopper (Dealhopper) knows that you care about how your personal information is used and shared, and Dealhopper takes your privacy seriously. Please read the following to learn more about our Privacy Statement. By visiting the site www.Dealhopper.com and domain name, or otherwise accessing any other Websites, linked pages, features, content, products or application services offered from time to time by Dealhopper in connection therewith (collectively, the Site and Website), you acknowledge that you accept the practices and policies outlined in this Privacy Statement.
What Does This Privacy Statement Cover?
This Privacy Statement covers Dealhopper’s treatment of personally identifiable information (Personal Information) that Dealhopper gathers when you access the Site and when you use Dealhopper’s services. This policy does not apply to the practices of companies that Dealhopper does not own or control, or to individuals that Dealhopper does not employ or manage.
What Personal Information Does Dealhopper Collect?
The information Dealhopper gather from customers enables us to personalize and improve our services. Dealhopper collect the following types of information from our customers:
Personal Information You Provide to Us:
Dealhopper may receive and store any information you enter on our Dealhoppersite or provide to us in any other way. The types of Personal Information collected may include your full name, gender, email address, mobile phone number, credit card and/or other payment information, IP address, browser information, username, password, time zone and any other information necessary for us to provide our services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see and communicating with you about specials, sales offers and new products.
Personal Information Collected Automatically:
- Dealhopper receives and stores certain types of information whenever you interact with our Site or use our services. Dealhopper automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested.
- Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. Dealhopper only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Site or services so that Dealhopper can make the Site appealing to as many customers as possible and improve those services. As part of this use of information, Dealhopper may provide aggregate information to our partners about how our customers, collectively, use our Site or services. Dealhopper share this type of statistical data so that our partners also understand how often people use the Site or services, so that they, too, may provide you with an optimal online experience. Again, Dealhopper never discloses aggregate information to a partner in a manner that would identify you personally.
Notice of Privacy Rights to California Residents:
California law requires that Dealhopper provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, Dealhopper will provide you with the categories of Personally Identifiable Information that Dealhopper collects through the Dealhopper websiteand the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information Dealhopper collects and what third parties Dealhopper share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
E-mail Communications:
Dealhopper often receives a confirmation when you open an email from Dealhopper if your computer supports this type of program. Dealhopper uses this confirmation to help make emails more interesting and helpful. Dealhopper also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Dealhopper, you can opt out of receiving further e-mails by going to the bottom of the email and clicking unsubscribe.
Information from Other Sources:
For purposes such as improving the personalization of our service, Dealhopper may receive information about you from other sources and add it to our account information. Dealhopper also sometimes receive updated delivery and address information from our shippers or other sources so that Dealhopper can correct our records and deliver your next purchase or communication more easily.
What About Cookies?
- Cookies are alphanumeric identifiers that Dealhopper transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Dealhopper use cookies to enhance visitors’ experiences, to learn more about their use of the Site and to improve quality.
- Most browsers have an option for turning off the cookie feature which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on the acceptance of each new cookie in a variety of ways. Dealhopper strongly recommends that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Site’s most attractive features.
- Ads appearing on the Site may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Statement covers the use of cookies by Dealhopper and does not cover the use of cookies by any advertisers.
Will Dealhopper Share Any of the Personal Information it Receives?
Personal Information about our customers is an integral part of our business. Dealhopper neither rent nor sell your Personal Information to anyone. Dealhopper share your Personal Information only as described below.
Dealhopper may share your information with Merchants: From time to time, Dealhopper provides offers from particular Merchants who, as part of the offer, request information on customers who purchased the offer. In those cases, Dealhopper shares some of your Personally Identifiable Information with Merchants. Sharing this Information will allow a Merchant to market directly to you should they choose to do so. However, Dealhopper will only share Personally Identifiable Information with a Merchant if you purchase a Voucher from said Merchant, and only with this Merchant. Dealhopper specifically disclaims any responsibility or liability for the actions of such Merchant. While Dealhopper informs them that they are only permitted to communicate with you for the purposes of the specific promotion with Dealhopper, Dealhopper does not have any responsibility for the actions of the Merchant, and the actions of the Merchant are not in our control.
Affiliated Businesses Dealhopper Does Not Control: Dealhopper anticipates that Dealhopper may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Site. In other situations, Dealhopper may provide services or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and Dealhopper will share your Personal Information that is related to such transactions with that affiliated business.
Agents: Dealhopper employs other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless Dealhopper tells you differently, Dealhopper’s agents do not have any right to use Personal Information Dealhopper share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
Communication in response to User Information: As part of the Site and services, you will receive from Dealhopper email and other communication relating to your User Information. You acknowledge and agree that by posting such User Information, Dealhopper may send you email and other communication that it determines in its sole discretion relate to your User Information.
Promotional Offers: Dealhopper may send offers to you on behalf of other businesses. When Dealhopper does so, Dealhopper does not give the other business your name and address.
Business Transfers: In some cases, Dealhopper may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Dealhopper, or substantially all of its assets we are acquired, or in the unlikely event that Dealhopper goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Dealhopper may continue to use your Personal Information as set forth in this policy.
Protection of Dealhopper and Others: Dealhopper may release Personal Information when Dealhopper believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Dealhopper, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
CONDITIONS OF USE
If you decide to visit the Dealhopper websites, your visit and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes and application of California state law.
THIRD PARTY DEALHOPPERSITES
Dealhopper services may permit you to link to other websites on the Internet, and other websites may contain links to the websites. These other websites not under Dealhopper control, and such links do not constitute an endorsement by Dealhopper of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Dealhopper websites are not covered by this Privacy Statement, and Dealhopper is not responsible for the privacy or security practices or the content of such websites.
Is Personal Information About me Secure?
Your Dealhopper Personal Information is protected by SSL encryption for your privacy and security.
Dealhopper endeavors to protect user information to ensure that user account information is kept private; however, Dealhopper cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
The Site contains links to other sites. Dealhopper is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Statement only governs information collected on the Site or otherwise by Dealhopper.
This Privacy Statement addresses only the use and disclosure of information Dealhopper collect from you. If you disclose your information to others on the Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Dealhopper does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Dealhopper encourage you to ask questions before you disclose your personal information to others.
What Choices Do I Have?
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site and services.
You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, Dealhopper often maintains a copy of the unrevised information in our records.
You may request deletion of your Dealhopper account by sending an e-mail to dailydeals@dealhopper.com. Please note that some information may remain in our records after deletion of your account.
CAN CHILDREN USE DEALHOPPER’S SERVICES?
Our site and the services available through Dealhopper are not intended for children under the age of 18. Dealhopper does not knowingly or specifically collect information about children under the age of 18 and believes that children of any age should get their parents’ consent before giving out any personal information. Dealhopper encourages you to participate in your child’s Dealhopper experience. Dealhopper recommends that parents use Internet filtering technology to supervise their kids’ access to the Internet.
Changes to this Privacy Statement
Dealhopper may amend this Privacy Statement from time to time. Use of information Dealhopper collect now is subject to the Privacy Statement in effect at the time such information is used. If Dealhopper makes changes in the way Dealhopper use Personal Information, Dealhopper will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Statement when he or she uses the Site after such changes have been first posted.
Questions or Concerns
Effective Date: April 11, 2011