TERMS AND CONDITIONS
TERMS OF SERVICE
Effective Date: OCTOBER 1st, 2020
Welcome to our website RetailMeDeal!
The following Terms of Service (the "Terms") are a binding and legal agreement between you, the visitor on the website and Coupons Oh ("RetailMeDeal.com" or "we", "us", "our"), concerning your use of the RetailMeDeal.com website and services at RetailMeDeal.com (the said website and services are jointly referred to as the "Service"). Kindly read this Agreement carefully and with understanding.
Changes are made periodically to these Terms. By using the Service, you accept this Agreement and the changes that are made by us to the Agreement. You are responsible to review the recent version of the Terms most often and thus be updated of any changes made to it. However, if you do not agree to any clause or provision of these Terms, you should then not use our Service.
Kindly note that RetailMeDeal.com has economical relationships with few of the merchants that are listed on our website. RetailMeDeal.com may be paid if customers choose to use some of the links that are located throughout the content on this website and thus generate sales for the particular merchant.
1. Copyright and Limited License
The Service and all relevant information, data and other content and materials that are available on the Service, including, without limitation, the Retailmedeal.com logo and all designs, text, documents, software, graphics, sound files, videos, other files, and the selection and arrangement thereof (collective "Content") are the proprietary property of Retailmedeal.com and its licensors and suppliers and providers and they are thus protected by U.S and international copyright laws.
If you, the consumer, comply with all the terms and conditions of these Terms, Retailmedeal.com grants you a limited, personal, revocable, non-transferable, and non-exclusive license to access the Service and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your personal, and non-commercial purposes only. The Service is for your personal use and not for resale or further distribution. This license is revocable at any time.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (1) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (2) rent, lease, or sublicense access to the Service; nor (3) circumvent or disable any security or technological features or measures of the Service.
2. The Service
Retailmedeal.com provides online coupons to our customers. We are not responsible for the redemption, errors, omissions, or expiration of online coupons. It is your responsibility to make sure that discounts, special pricing or free offer is present at the time of checkout at the applicable merchant website.
All the offers and deals and promotions featured as a part of the Service are subject to change witout prior notice and we have no control over the legality of any coupon or the ability of any merchant to complete the sale as per the offers.
3. Accounts Registration
As a customer you may register for and maintain an account to access additional features, for example voting on deals, posting comments, and submiting your coupon deals to the Service. At the time of registration, you agree to (1) provide correct and accurate, current and complete information regarding yourself as may be prompted by registration forms on the Service ("Registration Data"); (2) maintain the security of any logins, passwords, or other credentials that you may select or that are provided to you for use on the Service; and (3) maintain and promptly update the Registration Data, and any other information you provide to Retailmedeal.com, and to keep all such information accurate, current and complete. If there is any unauthorized use of your account or any other breach of security, you will notify us immediately.
4. Use Restrictions
You will not:
(1) use this Service for any commercial purpose; (2) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (4) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (5) deep-link to any portion of the Service (including, without limitation, the direct link to a coupon) for any purpose without our express written permission; or (6) “frame”, “mirror” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
5. Interactive Services
The said Service will include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store coupons, profile data, pictures, ratings, or reviews, and other content on the Service ("Interactive Services").
You, as customer or consumer, are solely responsible for your use of Interactive Services and use them at your own risk. By utilizing any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
· Materials that are defamatory, obscene, pornographic, unlawful, libelous, indecent, lewd, suggestive, threatening, harassing, invasive of privacy or publicity rights, abusive, fraudulent or inflamatory;
· Material that violates, or causes Retailmedeal.com or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
· Materials that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
· Confidential or private information of any person, or entity, including without limitation, addresses, telephone numbers, e-mail addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material which impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
· Material that contains any promotion, advertising, or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such Material is allowed, such as the posting of coupons by non-commercial users);
· Comments that in any way refer to persons less than 18 years of age;
· Personal data about any user;
· Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
· Material that in the sole judgment of Retailmedeal.com is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or that may expose Retailmedeal.com or its users to harm or liabilty of any nature;
· RetailMeDeal.com assumes no liabilty and takes no responsibility for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although Retailmedeal.com has no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, Retailmedeal.com reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time period and for any reason whatsoever without prior notice.
If you post text, or any material on or through the Service, then, unless RetailMeDeal.com states otherwise, you
(a) grant or allow RetailMeDeal.com and its subsidiaries and affiliates a none-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, perform, distribute, and display such text or material throughout the world in any media;
(b) grant or allow RetailMeDeal.com and its affiliates, subsidiaries, and sub licensees the right to use the name that you submit with regards to such material, if they choose; and
(c) represent and warrant that you own and control all of the rights to the text or material that you have posted, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for RetailMeDeal.com or for third parties.
You accept and agree that any material, including but not limited to coupons, suggestions, comments, ideas, or other information, supplied by you in the form of email or other submissions to RetailMeDeal.com (excluding material that you post on the Service in accordance with these Terms), are non-confidential and shall become the sole property of RetailMeDeal.com.
RetailMeDeal.com will own exclusive rights, which includes all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acceptance or compensation to you.
7. Repeat Infringer Policy
RetailMeDeal.com, in accordance with the Digital Millennium Copyrght Act and other applicable law, maintains a policy of terminating, in appropriate circumstances and at RetailMeDeal.com's sole discretion, account holders who are deemed to be repeat infringers,
Retailmedeal.com may also at its sole discretion limit access to the Service to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights to others, whether or not there is any repeat infringement.
If you believe that any Content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with RetailMeDeal.com's designated agent as set forth below.
Email: sam (at) retailmedeal (dot) com
Retailmedeal.com may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Service, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.
Retailmedeal.com, the RetailMeDeal.com logo and any other product or service name or slogan contained on the Service and in any content are trademarks of RetailMeDeal.com and its suppliers, vendors, or licensors, and may not be imitated, copied, or used, in part or whole, without the advance written permission or approval of RetailMeDeal.com or the applicable trademark holder.
Registered trademarks, all other trademarks, product name and company names or logos mentioned on the Service or any content are the property of their particular owners. Reference to any product, services, processes or other information, by trade name, trademark, manufacturer, vendor, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by RetailMeDeal.com.
9. Third-Party Content
The Service may contain links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information.
Retailmedeal.com does not monitor, adopt, or endorse, or have any any control over, any Third-Party Content.
RetailMeDeal.com takes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Moreover, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any websites or Third-Party Content to which you navigate from the Service. You access and utilize Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or corresponding with, or participation in promotions of, advertisers other than RetailMeDeal.com and any terms, conditions, warranties, or represenation associated with such dealings, are solely between you and such third party.
You shall defend, indemnify and hold harmless Retailmedeal.com, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilites (including, but not limited to, reasonable attorney's fees) arising out of or related to your utilization of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Disclaimer of Warranties
Your utilization of the Service, including, without limitation, your use of any content acessible through the website and your interactions and dealings with any service users, is at your sole risk.
The Service, and all content available on and through the website or service are provided on on an "as is" and "as available" basis. RetailMeDeal.com and its suppliers, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
RetailMeDeal.com DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING RetailMeDeal.com THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability
NEITHER RetailMeDeal.com NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RetailMeDeal.com OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF RetailMeDeal.com AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Restrictions on Access
Notwithstanding any provision of these Terms, RetailMeDeal.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and to block, restrict, and prevent your future access to, and use of, the Service.
Additionally, RetailMeDeal.com reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in its sole discretion.
Neither RetailMeDeal.com nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
14. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from RetailMeDeal.com. These communications may include notices about your account and information concerning or related to the Service.
You agree that any notices, agreements, disclosures, or other communications that RetailMeDeal.com sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. General Legal Notices
RetailMeDeal.com’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.
The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of California, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction.
The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and RetailMeDeal.com concerning the Service. These Terms supersede all prior agreements or communications between you and RetailMeDeal.com regarding the subject matter of these Terms.
16. Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact us at: contact@RetailMeDeal.com.