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By placing an order for a Deals 4 Today LLC Deal, you are making an offer through Deals 4 Today LLC Inc. (“Deals 4 Today LLC”, “us” or “we”) to purchase a certificate (the “Certificate”) from a third party merchant (the “Merchant”) on the terms and conditions indicated on the Deals 4 Today LLC Deal (the “Deal Terms”), and subject to the terms and conditions set forth in this document (the “General Terms”). The General Terms constitute an agreement between you and Deals 4 Today LLC.
1. REDEMPTION
- Your offer to purchase the Certificate will be deemed accepted once we email you a copy of it together with a redemption code. The Certificate can only be redeemed by the Merchant, and only for the promotional value indicated on the Certificate before the promotional value time period ends (as indicated on the Certificate). If the Certificate does not indicate a promotional value end date, the promotional value end date will be one year from your date of purchase.
- Nevertheless, you can still redeem the Certificate for the value you paid for it less any value you already received (the “Net Face Value”) for at least up to five (5) years after the date you purchased it from the merchant that you bought it from, not from Deals 4 Today LLC. All agreed amount proceeds are forwarded to the Merchant. In states that forbid the Certificate from expiring at all, you can redeem the Certificate for the Net Face Value at any time. If you redeem the Certificate for the Net Face Value, the Merchant may be able to choose to provide the Net Face Value in cash or credit, depending on applicable law.
- For example, if you paid $25 for a Certificate that had a one (1) year promotional value of $50, you may apply that Certificate for $50 worth of specified goods or services during that one (1) year promotional period. After that first year, you will still be able to redeem the $25 you paid for the Certificate for at least five (5) years, and in certain states, forever.
- Please contact us at admin@deals4.today to request a refund of the Net Face Value if the Merchant refuses to honor your redemption for the full value required under applicable law. Please be sure to include any correspondence that you have sent or received from the Merchant in question.
- Finally, please note that we provide your name, the date and time of your purchase, and your redemption code to the Merchant in order to allow the Merchant to redeem your Certificate.
2. RESTRICTIONS
Unless otherwise set forth in the Deal Terms or required under applicable law, the following additional restrictions apply:
- You cannot apply the Certificate toward gratuity, shipping, or handling charges;
- You cannot create multiple copies of your Certificate or resell it;
- You cannot redeem your Certificate in combination with other offers;
- You cannot redeem your Certificate in part and receive credit/cash back for the balance, other than for redemptions for Net Face Value, as described in Section 1 above;
- If the Merchant is a restaurant, you cannot use the Certificate toward the purchase of alcohol unless permitted by the Merchant, and only to the extent permitted under applicable law;
- If the Merchant is a restaurant, you cannot use your Certificate for “take out” or delivery orders unless permitted by the Merchant;
The Certificate will be void if you attempt to redeem it in violation of the Terms. The Certificate will be void to the extent that its redemption is prohibited by law, as determined in Deals 4 Today LLC’s sole discretion, in which case Deals 4 Today LLC will refund you the amount you paid for the Certificate.
3. ROLES AND RESPONSIBILITIES
- Deals 4 Today LLC markets and sells the Certificate as an agent of the Merchant, which issues the Certificate and is responsible for redeeming it. As such, Deals 4 Today LLC is not responsible for redeeming the Certificate or any damages or claims arising from the Certificate or its redemption. To the extent permitted under applicable laws, you hereby release Deals 4 Today LLC from any and all claims or liability related to any product or service of a Merchant, any action or inaction by the Merchant, including the Merchant’s failure to comply with applicable law and/or failure to redeem the Certificate. You agree that you will bring all claims, causes of action, or disputes (a “Claim”) arising from the redemption of the Certificate or your attempt to redeem it to or against the Merchant, and not Deals 4 Today LLC.
4. NO WARRANTIES
- Deals 4 Today LLC MAKES NO WARRANTIES AS TO THE MERCHANT OR THE PRODUCTS OR SERVICES THAT IT OFFERS. Deals 4 Today LLC DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY, OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH THE CERTIFICATE. AS BETWEEN Deals 4 Today LLC AND YOU, YOU AGREE THAT YOU ARE PURCHASING AND USING THE MERCHANT’S PRODUCTS AND SERVICES AT YOUR SOLE RISK.
- Deals 4 Today LLC MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED AS A WARRANTY IN Deals 4 Today LLC’S PRIVACY POLICY. Deals 4 Today LLC PROVIDES THE Deals4.Today SITE AND RELATED SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A Deals 4 Today LLC REPRESENTATIVE TO YOU SHALL CREATE A REPRESENTATION OR WARRANTY.
5. LIMITATIONS OF LIABILITY
- NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE GENERAL TERMS OR THE PURCHASE OF THE CERTIFICATE. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM, IN EXCESS OF THE AMOUNT OF THE MONEY PAID BY YOU FOR THE CERTIFICATE.
6. INDEMNIFICATION
- You agree to defend, indemnify, and hold harmless Deals 4 Today LLC, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (i) your breach of the General Terms, (ii) your use and access to Deals 4 Today LLC’s website, which use is governed by the Terms of Service posted theron (https://Deals4.Today), and (ii) any products or services purchased or obtained by you in connection with the Certificate.
7. MISCELLANEOUS
- The General Terms and the Deal Terms collectively constitute the entire understanding of the parties, and supersede all prior or contemporaneous written and oral agreements, representations, or negotiations, with respect to the subject matter hereof.
- Each Certificate you purchase will be subject to the General Terms that are in effect at the time of the purchase. As a result, you should read the General Terms in their entirety each time you purchase a Certificate since the terms may change from time to time.
- The determination that any provision of the General Terms is invalid or unenforceable will not invalidate the General Terms, and the General Terms will be construed and performed in all respects as if such invalid or unenforceable provisions were omitted to the extent of such invalidity or unenforceability. Any invalid or unenforceable provisions will be replaced by mutually acceptable, valid, and enforceable provisions that most closely reflect the intention of the parties underlying the invalid or unenforceable provisions.
- The laws of the State of California will govern the General Terms, as well as any Claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California for any Claim brought by either party relating to or arising from the General Terms or your relationship with Deals 4 Today LLC. Notwithstanding this, you agree that Deals 4 Today LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.