IMPORTANT: ALL USERS MUST READ THIS AGREEMENT
Dealwaggers, Inc. ("Dealwaggers" or "we" or "us") provides an interactive online service, Dealwaggers.com (the "Site") consisting of information services, content and transaction capabilities provided by Dealwaggers, affiliates of Dealwaggers and other third parties. This Terms of Service Agreement ("Terms of Service" or "Agreement") describes our relationship with you. You and other users of our site are sometimes referred to as "End Users".
- 1. ACCEPTANCE OF TERMS AND CONDITIONS
- YOUR AGREEMENT WITH US
- 2. USE OF THE SITE
- SITE AVAILABILITY AND CONTENT
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Dealwaggers, and Dealwaggers shall not be responsible for any data lost while transmitting information on the Internet. While it is our goal to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Dealwaggers, access to the Site may be interrupted, suspended or terminated from time to time.
Dealwaggers has the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Dealwaggers may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. Dealwaggers shall not be liable for any damages to your equipment resulting from the use of the Site.
- YOUR CONDUCT
The Site and any individual sites or merchant-specific, city-specific, or state-specific Dealwaggers-operated sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (collectively, the "Expanded Sites") are private property. All interactions on this Site and/or the Expanded Sites must comply with these Terms of Service. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Expanded Sites to that which involves lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Dealwaggers’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Dealwaggers’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Expanded Sites is strictly prohibited. You shall not use this Site or any of the Expanded Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Expanded Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Dealwaggers.
- INTELLECTUAL PROPERTY RIGHTS RETAINED BY HOLDER
When using the Site, you do not acquire any rights in the products services, trademarks, copyrights, patents or other intellectual property rights to anything on the Site, except for personal use. All intellectual property rights are retained by Dealwaggers, their licensors, or the respective rights holders. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY OF THE CONTENT OF THIS SITE OR ANY OF THE EXPANDED SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEALWAGGERS AND, IF APPLICABLE, THE HOLDER OF THE RIGHTS TO SUCH INTELLECTUAL PROPERTY, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.
Trademarks that are located within or on the Site, the Expanded Sites, or a Web site otherwise owned or operated in conjunction with Dealwaggers shall not be deemed to be in the public domain but rather the exclusive property of Dealwaggers, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Dealwaggers, unless otherwise stated. You 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 owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Dealwaggers is a trademark of Dealwaggers, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Dealwaggers are the property of their respective owners.
The foregoing provisions of this Section apply equally to and are for the benefit of Dealwaggers, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- LICENSE GRANT
By submitting material to any public area of this Site, you grant, or warrant that the owner of such material has expressly granted, Dealwaggers the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for that End User's personal use. You hereby grant Dealwaggers the right to edit, copy, publish and distribute any material made available on this Site by you.
- COMMUNITY CONTENT
- THIRD PARTY CONTENT
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Dealwaggers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Dealwaggers. Dealwaggers neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Dealwaggers by anyone other than authorized Dealwaggers employee spokespersons while acting in official capacities. Under no circumstances will Dealwaggers be liable for any loss or damage caused by your reliance on information thus obtained. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Dealwaggers.
Dealwaggers contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Dealwaggers of the contents on such third-party sites and Dealwaggers hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Dealwaggers shall have the right, but not the obligation, to monitor the content of the Site at all times, including any forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Dealwaggers, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Dealwaggers shall have the right to remove any material that Dealwaggers, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- 3. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dealwaggers with the written information specified below:
- a. 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;
- b. 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 Dealwaggers to locate the material;
- c. Information reasonably sufficient to permit Dealwaggers to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- d. A statement that the complaining party 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;
- e. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- f. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Dealwaggers that your copyrighted material has been infringed. Dealwaggers for notice of claims of copyright infringement on its site can be reached as follows: Dealwaggers, Po Box 38 New York, NY 10028. In addition, if information about or images of you or a minor child for which you are the parent or guardian appears on the site without your consent, please submit a statement to the above address identifying the offending content, your identity and relationship to the content (whether it is your information or that of a minor child, etc.) as well as you name, address and email so that Dealwaggers may investigate the matter and contact you if necessary.
- 4. TERMS OF SALE
- Dealwaggers sells vouchers ("Vouchers") that can be redeemed in connection with your purchase of goods or services by the seller of those goods or services ("Merchant"). By placing an order, you make an offer to us to purchase the Voucher(s) you have selected on the terms and conditions stated in this Agreement. The Merchant, not Dealwaggers, is the seller of the goods and/or services. All Vouchers are promotional vouchers that are offered to customers below their face value and are subject to the terms and conditions and restrictions of the Site, Dealwaggers, and the participating Merchant.
- You are required to create an account in order to purchase any Voucher. This is so that we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
- Some Vouchers will have a start date. If there is one, it will be printed on the Voucher and on the screen when you purchase it.
- Always check the expiration date. You have to use Vouchers before this date.
- You have to use the full value of each Voucher all at once, in one visit, unless the Voucher specifically says otherwise (on the Voucher). The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Only one Voucher can be used per order unless otherwise specified by Merchant. Other limitations on redemption frequency and/or total redemptions will be determined by the Merchant and described in the Voucher terms.
- Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions unless approved by the Merchant.
- You cannot sell the Vouchers, but you can give them as gifts.
- The Voucher offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that if required by law, Merchant will continue to redeem the unused cash value you paid for the Voucher. According to the laws of the respective states in which you purchased your Voucher, and in which you wish to redeem your Voucher, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (for example, if you paid $40 for a Voucher which gives you $100 of value at the Merchant, the cash value that you paid is $40, not $100), for a period of time that may extend beyond the expiration date on the Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Dealwaggers, as Dealwaggers is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes that may govern the Merchant.
- Neither Dealwaggers nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
m. All Vouchers are void to the extent prohibited by law.
- 5. GENERAL PROVISIONS
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY
DEALWAGGERS TAKES NO RESPONSIBILITY FOR THE SERVICES OR PRODUCTS FOR WHICH VOUCHERS MAY BE REDEEMED. DEALWAGGERS MAKES NO WARRANTY TO YOU 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 TO YOU OR YOUR DOG (SUCH AS SKYDIVING, DOG BOARDING, ETC), AND FOR THOSE ACTIVITIES, DEALWAGGERS TAKES NO RESPONSIBILITY FOR THE SERVICE OR ACTIVITY BEING OFFERED, AND YOU TAKE RESPONSIBILITY FOR YOUR OWN ACTIONS IN UTILIZING THE SERVICES FOR WHICH THE VOUCHER CAN BE REDEEMED.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE EXPANDED SITES IS AT YOUR SOLE RISK. NEITHER DEALWAGGERS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE EXPANDED SITES.
THIS SITE AND THE EXPANDED SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT Dealwaggers IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, DOGS, OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL Dealwaggers, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE EXPANDED SITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE EXPANDED SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Dealwaggers, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE EXPANDED SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Dealwaggers IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE EXPANDED SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Dealwaggers. MOREOVER, Dealwaggers RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
You agree to defend, indemnify and hold harmless Dealwaggers, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site and/or the Expanded Sites and/or your purchase or use of any Vouchers.
Dealwaggers may terminate this Agreement at any time. Without limiting the foregoing, Dealwaggers shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Dealwaggers, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Dealwaggers’s headquarters are in New York, NY. Legal issues arising out of, but not exclusive to, the use of this Site or the Expanded Sites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New York (exclusive of its rules regarding conflicts of laws). By using this Site, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Expanded Site, shall be finally settled by arbitration in under the rules of arbitration of the arbitration service provider of Dealwaggers’s choice.