PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
SparkDiscounts.com (“SparkDiscounts,” “we,” or “us”), requires that all visitors to our web site www.sparkdiscounts.com (the “Site”) adhere to the following terms and conditions of service (these “Terms”). By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”) to adhere to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE.
We provide our Site visitors with access to various deals, coupons, advertising, promotions, sweepstakes, and other offers (“Deal” or Deals”). All Deals are provided by third parties (each, a “Seller”). We provide the awesome web platform that makes these Deals available to you. Why do we do this besides bragging rights? Well we get paid by Sellers when you purchase a Deal.
When you elect to purchase a Deal, you will be directed to the Seller’s website to complete your purchase. The Seller will arrange all shipping, if any, and will process your payment. We do not control the Seller’s website, nor do we have access to any information you may provide to the Seller, including your payment information unless specifically specified by a third party.
We offer the Deals on our Site, but it is solely up to you to determine whether it is a good deal. This means that you should read the entire description for the Deal. You should also read any other terms and conditions that may be located on the Seller’s website, including any fine print.
The Seller controls all terms of the Deal. If you have questions about a Deal, want to cancel your purchase, are dissatisfied with the Deal, or want a refund, you must contact the Seller.
Again, your activity on our Site is governed under these Terms, but when you leave our Site and are directed to a Seller’s website, your activity is governed under the Seller’s terms and conditions.
- CHANGES TO THE SITE
We may make changes to the Site from time to time including any information, text, data, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other material within the Site (all such material, and any compilation, collection, or arrangement thereof, the “Content”).
3.1 Feel free to browse the Site at your leisure; Not required to purchase, but yes required for liking, commenting, and other onsite activities.Your account may only be used for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use). Any other use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.
3.2 You represent and agree that all information that you provide to us in connection with your registration, account and access to the Site is true, accurate, current, and complete to the best of your knowledge and belief.
3.3 You are responsible for maintaining the confidentiality of your username and password used in connection with your use of the Site. You agree to notify SparkDiscounts immediately if you discover loss or access to such information by another party not under your control and supervision. SparkDiscounts will not be liable for any loss or damage arising from the unauthorized use of your username or password.
- INTELLECTUAL PROPERTY
You acknowledge and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable intellectual property and proprietary information of SparkDiscounts, or its Sellers, licensors and content providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content.
- COPYRIGHT INFRINGEMENT POLICY
If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at email@example.com: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. If found, we will act immediately to remove any infringing works.
- TERMINATION OF ACCESS
SparkDiscounts reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any or for no reason, including, but not limited to: (i) the unauthorized use of any username or password; (ii) noncompliance with our User Conduct Guidelines; (iii) the breach of these Terms; or (iv) if you do not access your account for an extended amount of time.
7.1 You may not access the Site after your access is terminated without our written approval.
- USER CONDUCT
Your use of the Site must be in accordance with our User Conduct Guidelines, which are hereby incorporated into and made a part of these Terms. Any noncompliance with our User Conduct Guidelines may result in your access being blocked temporarily or permanently.
9.1 By disclosing or offering any information to us, including comments, documents, images, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize SparkDiscounts to make copies of such Submissions as we deem necessary to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to SparkDiscounts an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
9.2 By making a Submission, you represent that you have all necessary rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
9.3 SparkDiscounts has the right (though not the obligation) to, in SparkDiscounts’s sole discretion, refuse to display or remove any Submission appearing on the Site that, in SSparkDiscounts’s reasonable opinion, violates any SparkDiscounts policy or is in any way harmful or objectionable.
9.4 We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Site.
10.1 This Site includes hyperlinks to other websites which are not maintained by SparkDiscounts. As stated above, each of the Deals links to a Seller website. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, security, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by SparkDiscounts of those websites or any Deals, products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site.
10.2 IF YOU DECIDE TO ACCESS A DEAL THROUGH A SELLER SITE OR OTHER EXTERNAL WEBSITE THROUGH A LINK WITHIN OUR SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND SPARKDISCOUNTS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR ACCESS OR USE OF ANY EXTERNAL WEBSITE.
10.3 Since SparkDiscounts is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites.
10.4 Images of the SparkDiscounts logo can only be used to link to the Site; any other use of the SparkDiscounts logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
10.5 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the SparkDiscounts logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the SparkDiscounts logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
- USE OF TRADEMARKS
Except for the limited permission to use the SparkDiscounts logo as set forth in these Terms, you may not, without our express written permission, use any SparkDiscounts trademarks or service marks for any purpose.
The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. SPECIFICALLY, SPARKDISCOUNTS AND ITS CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THE SITE OR ANY TRANSMISSIONS TO OR FROM THE SITE WILL BE SECURE; (c) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (d) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (e) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (f) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
THE DISCLAIMERS IN THIS SECTION DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
13.1 IN NO EVENT WILL SPARKDISCOUNTS, ITS SERVICE PROVIDERS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE OR THE CONTENT; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE OR USE OF ANY DEALS PROVIDED BY THIRD PARTIES.
13.2 UNDER NO CIRCUMSTANCES WILL SPARKDISCOUNTS OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY DEAL, OR THE USE OF THE SITE OR THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
13.3 WITHOUT LIMITING ANY OF THE FOREGOING, IF SPARKDISCOUNTS OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM AGGREGATE LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
13.4 In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of SparkDiscounts and the Representatives will be limited in accordance with these Terms to the extent permitted by law.
You agree to defend, indemnify and hold harmless SparkDiscounts, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and SparkDiscounts; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
- RESOLUTION OF DISPUTES
These Terms will be construed and enforced in accordance with the laws of the State of Illinois. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Cook County, Illinois before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The language used in the arbitral proceedings shall be English. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
16.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
16.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
16.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
16.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
16.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
16.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
16.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
16.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
- OTHER AGREEMENTS
If you have entered into a separate written agreement with SparkDiscounts with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at firstname.lastname@example.org.
You agree that any dispute or claim relating in any way to your dailydeals.io purchase or purchase from any of our partner sites, including but not limited to bestobo.com or any other entity, application or website manged by GCM Int Properties, LLC, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. You agree that the Federal Arbitration Act and federal arbitration law apply to this agreement.
For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to CGM Int Properties, LLC 11762 De Palma Ave Suite 1-C #483 Corona, Ca, 92883. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent, Registered Agents, Inc., to begin arbitration. Please find below the Wyoming address for Registered Agents, Inc.:
SparkDiscounts, c/o WNO Media LLC Registered Agents, Inc. 30 N Gould Ste. STE R Sheridan, WY 82801
Attn: Legal Department
The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Registered Agents, Inc., the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless we agree to use a different set of rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. Upon filing of the arbitration request, the party which initiated the arbitration proceedings will be responsible to pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of whether they would have been available in a court.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.