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DoLocalDeals.com Terms of Service

DoLocalDeals.com (the “Site”) provides an online service operated by Facility Resource, Inc. consisting of content and transaction capabilities facilitated by Facility Resource, Inc., affiliates of Facility Resource, Inc. or merchants (“Merchants”) offering vouchers for free (“Coupons”) and vouchers for sale (Deal Certificates”) which may be exchanged for goods, services, or both at Merchants’ online store, physical place of business, or both.

By using the Site and any services accessible from the Site or any of the information contained herein, any person or entity (you, the “User”) agrees to be bound by the terms and conditions of these terms of service and terms of sale (the “Terms of Service”). These Terms of Service are a contract between User and Facility Resource Inc., an Oregon corporation running the website DoLocalDeals.com (“DLD”).

TERMS OF SERVICE

1. Use of Site. By using this Site, User agrees to comply with all of these Terms of Service. The right to use this Site is personal to User and is not transferable to any other person or entity. User hereby represents that User is at least 18 years old or, if User is at least 13 years old, User is using the Site in conjunction with User’s parent or guardian who agrees to these Terms of Service. No one under age 13 may use the Site.

 

2. Member Account. In order to purchase Deal Certificates or Coupons, User must agree to these Terms of Service, provide a valid email address, and provide any other information that DLD may require during registration for a User account. User shall be responsible for protecting the confidentiality of User’s account and password. User is responsible for all content User may post on the Site and any activity that occurs under User’s account and password. User will update User’s information in order to maintain its accuracy during the term of this service. Information provided by User shall be subject to DLD’s Privacy Policy.  User agrees to immediately notify DLD of any unauthorized use of User’s password or account or any other breach of security related to User’s account. DLD shall not be liable for any loss or damage arising from User’s failure to comply with this section.

 

3. Payment. User agrees to pay all applicable charges under these Terms of Service, including, but not limited to, any applicable taxes or charges imposed by any government entity. Acceptable forms of payment include credit card or  PayPal account.

 

4. Modification of Terms. DLD reserves the right at all times to discontinue or modify any of these Terms of Service, the Privacy Policy, or both as DLD deems necessary or desirable. Such changes shall be updated in the Terms of Service, Privacy Policy, or both for User’s access online. If DLD makes any substantial changes, DLD will notify User by sending an email to the address registered with User’s account or by posting notice of the change on the Site. Any changes to these Terms of Service will be effective upon dispatch of email notice to User or upon posting of notice on the Site. As such, it is suggested the User read these Terms of Service and the Privacy Policy from time to time in order to stay informed to any changes. Any continued use of the Site shall be deemed an acceptance by User to modifications.

 

5. Modification of Service. DLD reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use, with or without notice to User. User agrees that DLD shall not be liable to User for any modification, suspension or discontinuance of the services provided on or access to the Site. User agrees that DLD has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Site. User acknowledges that DLD reserves the right to delete accounts that are inactive for an extended period of time. User further acknowledges that DLD reserves the right to change these general principles and limits at any time, in its sole discretion, with or without notice to the User.

 

6. User Conduct. If User interferes with the Site in any way, User agrees to pay all damages incurred by DLD as a result of User’s interference, including consequential damages. Interference by User relieves DLD from any of DLD’s contractual or legal obligations to User under these Terms of Service and the Privacy Policy. User agrees not to use the Site for any of the following acts:

a. Upload, embed, post, email, transmit or otherwise make available any content or communications that are unlawful, harmful, threatening, abusive, harassing, obscene, pornographic, vulgar, libelous, tortuous, invasive of another’s privacy, hateful, or racist;

b. Harm minors in any way;

c. Impersonate any person or entity or falsely state or otherwise misrepresent affiliation with another person or entity;

d. Upload, embed, post, email, transmit or otherwise make available any content or communications that User does not have a right to make available under any law, contractual obligation, or fiduciary duty;

e. Upload, embed, post, email, transmit or otherwise make available any content or communications that infringe the intellectual property rights of another, including patent, trademark, copyright, or other propriety rights of any person or entity;

f.   Phish, collect, upload, embed, post, email, transmit or otherwise make available any login data,  passwords, credit card information, or other forms of financial data;

g. Upload, embed, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

i.    Interfere with or disrupt the Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

j.    Obtain, collect, store or modify the personal information of other users;

k. Reproduce, duplicate, copy or exploit any portion of the Site, without the express written permission of DLD;

l.    Use the Site for any illegal or unauthorized purpose;

m.    Attempt to damage, hack, reverse-engineer, or otherwise interfere with the Site.

 

7. Monitoring. DLD shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by DLD, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DLD shall have the right, but not the obligation, to remove any material that DLD, in its sole discretion, finds to be in violation of these Terms of Service or the Privacy Policy or otherwise objectionable.

 

8. Privacy. User acknowledges that all discussion, comments, chat rooms, or other communications on this Site are public communications, and that, therefore, others may read User’s communications without User’s knowledge. DLD does not control or endorse such content, messages or information found on the Site, and, therefore, specifically disclaims any liability concerning any communication or action by users. Any communication which User posts to DLD is not confidential. If particular web pages within the Site permit the submission of communications that will be treated by DLD as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants DLD the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see the Privacy Policy.

 

9. License. By posting comments, messages or other information on the Site (“Content”), User shall be deemed to have granted to DLD a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.

 

10. Intellectual Property.

a. Anything located on the Site is the exclusive property of DLD or is used with the express permission of the intellectual property owner. User is prohibited from copying, distributing, transmitting, posting, linking, or modifying anything from this Site without the express written permission of DLD. User may not publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather are the exclusive property of DLD, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DLD unless otherwise stated.

b. User shall not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the rights owner. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from such upload or post. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted DLD the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for personal use. User hereby grants DLD the right to edit, copy, publish and distribute any material made available on this Site by User.

c. Any violation of this section may result in copyright, trademark or other intellectual property right infringement that may subject User to civil and criminal liability and penalties.

 

11. Copyright. DLD reserves the right to terminate these Terms of Service with any User who infringes upon the copyright of another upon notice to DLD from the copyright owner. If User believes at any point that User’s copyright has been violated, User should notify DLD at service@dolocaldeals.com with the following information: (1) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright  that is allegedly infringed; (2) Identification of the copyrighted work claimed to have 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; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit DLD to contact User, such as a mailing address, telephone number, and email address; (5) A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that User is either the copyright owner or is authorized to act on behalf of the copyright owner.

 

12. Trademark. DoLocalDeals”, “DoLocalCoupons”, and “Great deals on everything local” are a trademark of Facility Resource, Inc. All rights in respect of this trademark are hereby expressly reserved by DLD. Merchant shall not use the “DoLocalDeals”, “DoLocalCoupons”, and “Great deals on everything local” trademark in any way without the express written permission of DLD. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.

 

13. Third Party Content. Some of the content found on the Site is supplied by Users, Merchants, or other third parties. Accordingly, DLD does not control, nor does DLD have the obligation to control, the content offered on the Site. In some instances, the content available on the Site represents the opinions and judgments of DLD, Users, Merchants, or of other third parties. DLD neither endorses nor is responsible for the accuracy or reliability of an opinion, advice or statement made on the Site by anyone other than an authorized DLD employee spokesperson while acting in official capacity. Under no circumstances shall DLD be liable for any loss or damage caused by the User’s reliance on information found through the Site. It is the User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on the Site. The Site contains links to third-party websites maintained by other content providers. DLD hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. User accesses such third-party websites at User’s own risk.

 

14. Indemnity. User agrees to defend, indemnify and hold harmless DLD, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising out of or related to any products or services purchased by User in connection with the Site. User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, User hereby releases DLD from any and all claims or liability related to any product or service of a Merchant, any action by a Merchant, including Merchant’s failure to comply with applicable law or failure to abide by the terms of a Deal Certificate or Coupon, and any conduct or speech of any other user.

 

User agrees to defend, indemnify and hold harmless DLD, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) User’s use of and access to the Site; (ii) User’s violation of any term of these Terms of Service; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content or communications submitted by User on the Site causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service.

 

15. Violation of the Terms of Service. DLD reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. DLD may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. User acknowledges that DLD has no obligation to pre-screen or monitor User’s access to or use of the Site or any information, materials or other content provided or made available through the Site, but has the right to do so. User hereby agree that DLD may, in the exercise of DLD’s sole discretion, remove or delete any entries, information, materials or other content that DLD believes violates these Terms of Service or that is otherwise objectionable.

 

16. Cancellation. User is solely responsible for proper cancellation of User’s account. User can cancel User’s account at any time by: Requesting your account to be cancelled via email at service@dolocaldeals.com or through the contact us page, with a subject title of “cancel DoLocalDeals account”.  DLD will send an email to Users email address on file.  User must email back, “confirming cancellation” to confirm the cancellation.  Upon receipt of confirmation DLD will proceed with the cancellation process. Cancellation of User’s account will result in the deactivation or deletion of the Account or access to the account, and the forfeiture and relinquishment of all content in User’s account. This content cannot be recovered from DLD once User’s account is cancelled. Cancellations will take effect immediately.

 

17. Termination. DLD may terminate these Terms of Service at any time. Without limiting the foregoing, DLD shall have the right to immediately terminate or suspend any accounts of User for any conduct by User which DLD, at its sole discretion, considers to be unacceptable, or in the event of any breach by User of these Terms of Service.

 

18. Anti-Spam. All email messages sent by DLD in connection with these Terms of Service shall contain an “unsubscribe” link that allows Users to remove themselves from the email messages except email messages necessary to complete purchases by User on the Site, to respond to communications or content to the Site or DLD by User, or to inform User of changes to these Terms of Service or the Privacy Policy.

 

19. Disclaimers and Liability Limitations. THE SERVICES, INFORMATION, SOFTWARE, PRODUCTS, RELATED GRAPHICS AND ALL MATERIALS INCLUDED IN THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DLD HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

DLD MAKES NO EXPRESS WARRANTIES. DLD DOES NOT WARRANT THAT (I) SERVICE OF THE SITE WILL MEET USER’S SPECIFIC REQUIREMENTS, (II) SERVICE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SITE WILL MEET USER’S EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. DLD DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, BOUGHT FROM, OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

 

USER SPECIFICALLY AGREES THAT DLD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. USER SPECIFICALLY AGREES THAT DLD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. USER SPECIFICALLY AGREES THAT DLD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A DLD SITE OR SERVICE BY ANY THIRD PARTY.

 

USER UNDERSTANDS AND AGREES THAT USE OF MERCHANT COUPONS IS AT USER’S OWN DISCRETION AND RISK. USER UNDERSTANDS AND AGREES THAT USE OF THE SITE AND PURCHASE OF MERCHANT DEAL CERTIFICATES THROUGH THE SITE IS AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSS THAT RESULTS FROM THE USE OF THE SITE, PURCHASE OF MERCHANT DEAL CERTIFICATES, OR SUBMISSION OF CONTENT TO THE SITE.

 

IN NO EVENT SHALL DLD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR DEMAND OF MERCHANT SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DLD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES PROVIDED THEREIN, OR WITH ANY OF THESE TERMS OF SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

20. Governing Law. This Agreement shall be construed and governed by the laws of the State of Oregon without regard to that state’s conflict of law provisions.

 

21. Entire Agreement. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

 

22. Enforceability.  If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions and shall be interpreted in such a way as to preserve the parties’ original intent.  In cases where such original intent cannot be preserved, the parties shall agree on a suitable valid, legal or enforceable replacement provision which preserves the parties’ original intent.

 

23. Headings. The headings of this Agreement are for purposes of convenience only and shall not limit or otherwise affect any of the terms or provisions hereof.

 

24. Independent Contractors. The relationship between the parties hereunder shall at all times be that of independent contractors, and nothing contained herein shall be deemed to create a joint venture or partnership between the parties, nor is either party the employee or agent of the other.

 

25. Dispute Resolution. All disputes arising out of this Agreement shall first be subject to mediation. If there is a dispute, either party will notify the other within fifteen (15) days of the dispute, and will include in that notification the identification of a proposed mediator or mediators. If, after good faith effort, the parties are unable to agree on a mutually acceptable mediator or if mediation is not completed within ninety (90) days from the date of notice or if the mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to final and binding arbitration by a professional arbitration service acceptable to the parties. If the parties are unable to agree to an arbitration service, the dispute shall be submitted to arbitration in accordance with the laws of the State of Oregon. The arbitrator's award shall be final, and any court having jurisdiction thereof may enter judgment upon it. Any matter not resolved by mediation or arbitration will be resolved in a court in Multnomah County in the State of Oregon. The costs of mediation and/or arbitration shall be borne equally by the parties. In the event of any dispute that requires arbitration or litigation, the prevailing party shall be entitled to receive reimbursement from the non-prevailing party for all court, arbitration, and other legal costs, expenses, and fees, in addition to any other recovery or award.

 

26. Questions. Questions about these Terms of Service should be address to service@dolocaldeals.com

TERMS OF SALE

1. All Deal Certificates printed from the Site are promotional vouchers that may be purchased from participating merchants (“Merchants”) through DLD to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Deal Certificate from a Merchant through DLD, User makes an offer to purchase the Deal Certificate(s) User has selected on the terms and conditions stated below and stated on the Deal Certificate. User is required to create an account in order to purchase any Deal Certificate.

 

2. A Deal Certificate that User purchases or a Coupon that User acquires through the Site is redeemable for goods, services, or both from the Merchant. The Merchant, not DLD, is the offeror and seller of the Deal Certificate or Coupon and of the goods, services, or both, and the Merchant is solely responsible for redeeming any Deal Certificate or Coupon purchased or acquired by User through the Site.

 

3. All Deal Certificates and Coupons shall be subject to the terms and conditions of both DLD and the participating Merchant.

 

4. As a holder and issuer of the Deal Certificate or Coupon, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Deal Certificates or Coupons or portions thereof. User releases DLD and its officers, directors, employees and agents from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Deal Certificate or Coupons, goods or services provided in connection therewith or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Deal Certificates, Coupons, or any portion thereof.

 

5. Each Deal Certificate or Coupon is accompanied by specific terms, which will be provided to the User in the “Fine Print” section on the Site associated with the particular Deal Certificate or Coupon. Deal Certificate or Coupon-specific terms supersede any inconsistent terms in these Terms of Service, except to the extent such terms are prohibited by applicable laws. Unless otherwise stated in the “Fine Print” section of the Site, on the Deal Certificate or Coupon itself, or as  required by law, the following terms apply to all Deal Certificates and Coupons:

a. There is no cash value for any Deal Certificate or Coupon.

b. No cash will be issued for partial redemption of the paid portion of a Deal Certificate or Coupon, except as required by law.

c. The expiration date for a Deal Certificate or Coupon is as printed or displayed in the “Fine Print” section or on the Deal Certificate or Coupon itself.

d. Only one Deal Certificate and Coupon can be used per order or visit unless otherwise permitted by the Merchant.

e. Deal Certificates and Coupons cannot be combined with any other vouchers or coupons, third party certificates, or promotions, unless otherwise permitted by the Merchant.

f.   Deal Certificate and Coupons cannot be used for taxes, tips or prior balances, shipping or handling, unless otherwise permitted by the Merchant.

g. Neither DLD nor the Merchant is responsible for lost or stolen Deal Certificates or Coupons.

h. Reproduction, sale or trade of Deal Certificates or Coupons is prohibited unless done so in compliance with applicable law.

DoLocalDeals Refund Policy:

1. Your voucher may always be redeemed at the merchant who issued it for at least the amount you paid for it – even if the promotional value has expired. It is important to us that you are happy with your deal. If you have any trouble redeeming your voucher for any reason, please contact us at service@dolocaldeals.com so we can work with the merchant to resolve your issues. Additionally, any unredeemed voucher may be returned to us within the first seven days of purchase for a refund of the amount paid. After that seven day time period, DoLocalDeals will not refund any voucher and all sales are final, unless otherwise stated in the Fine Print.